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Technically, weed and hemp are the same species: Cannabis sativa. But there used to be a working distinction between the two: Ingesting cannabis/marijuana/the dank herb gets you high, while hemp is a sturdy fiber best used to make paper, rope and certain food products.
However, under California’s legalized cannabis marketplace, where weed is strictly regulated but hemp is not, unsavory entrepreneurs have taken advantage of that loophole by genetically juicing the levels of certain intoxicating chemical compounds in the more loosely regulated hemp, allowing them to sidestep a lot of red tape and sell their high-inducing hemp products at gas stations, convenience stores and smoke shops.
The state has been looking at various ways to close this loophole, though local officials have been concerned about unintended consequences. Last month, the Humboldt County Board of Supervisors issued a letter of opposition to proposed legislation, AB 2223, unless and until it was amended to prevent “hemp” (which can be grown anywhere in the U.S. and shipped across state lines) from competing with Humboldt-grown cannabis in the legal marketplace.
That controversial bill remains stuck in the state Assembly for now, but today California Governor Gavin Newsom took matters into his own hands, issuing proposed emergency regulations that would nip these quasi-legal hemp sales in the bud. (Pun sort of intended, with apologies.)
Humboldt County officials are stoked. Below is a county press release, which is followed by a release from Newsom’s office.
Governor Gavin Newsom today issued proposed emergency regulations to protect youth from the adverse health effects of dangerous hemp products. The products contain intoxicating levels of THC and do not go through the highly regulated cannabis environment, and are sold across the state, especially beverages and food products. Humboldt County officials today supported these regulations and look forward to working with the legislature, stakeholders and the Governor on a more permanent solution.
Rex Bohn, Humboldt County First District Supervisor: “Hemp was never meant to intoxicate. That is why the state went through years and years of hard work, thousands of hours and meetings with every agency and stakeholder under the sun to develop a thorough program to regulate the intoxicating nature of THC through cannabis. Allowing companies to bring in intoxicating hemp products across state lines, and potentially internationally, flies in the face of everything we have done in Humboldt and throughout California to get this right. The emergency regulations announced today are a good first step towards a more comprehensive solution.”
Michelle Bushnell, Humboldt County Second District Supervisor: “I appreciate the Governor taking action today to stop the madness. Our cannabis cultivators and everybody involved in the supply chain have to satisfy so many regulations, to protect the public health, environmental impacts, and they do it at incredibly significant costs. Humboldt County has worked very hard for years to make sure THC and cannabis is brought to market in a way that is acceptable to the people of Humboldt and California. We cannot allow hemp to simply skirt the rules for financial gain.”
Sofia Pereira, Humboldt County Department of Health & Human Services Public Health Director: “Humboldt County Public Health stands with the Governor in protecting youth from intoxicating hemp products.”
Ross Gordon, Humboldt County Growers Alliance Policy Director, Origins Council Policy Chair: “From seed to sale, the lack of parity in regulation between hemp and cannabis has become completely untenable. While only the federal legalization of cannabis can truly solve these problems, we applaud the Governor for taking a meaningful step forward to close intoxicating hemp loopholes and move towards a more rational cannabis policy.”
While the regulations take effect upon approval of the Office of Administrative Law, the state legislature would need to develop law to deal with this issue long-term.
To that end, the Humboldt County Board of Supervisors on Aug. 13 issued a letter opposing unless amended a bill that would have created a parity issue for state-licensed cannabis farmers by allowing incorporation of high-THC hemp products and cannabinoids into the licensed supply chain. The letter states “The sales of high-THC hemp products at licensed cannabis dispensaries sourced from anywhere in the U.S. when significant regulatory discrepancies exist between hemp and cannabis cultivation places thousands of small California businesses (cannabis farmers) and particularly those in Humboldt County at a competitive advantage.
The Humboldt County Board of Supervisors recognizes the need to address hemp, but this must be accomplished in a manner that respects the regulatory system put in place for cannabis cultivation.”
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Gov. Newsom offered this quote:
We will not sit on our hands as drug peddlers target our children with dangerous and unregulated hemp products containing THC at our retail stores. We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products.
And his office issued the following release?
SACRAMENTO – Governor Gavin Newsom today issued proposed emergency regulations to protect youth from the adverse health effects of dangerous hemp products. The regulations, proposed by the California Department of Public Health (CDPH), strengthen California’s ability to stop the peddling of intoxicating hemp products to California’s children. The new regulations require that industrial hemp food, beverage, and dietary products intended for human consumption have no detectable THC or other intoxicating cannabinoids per serving, create a minimum age to purchase hemp products to 21, and limit the number of servings of hemp products to five per package.
The emergency regulations respond to increasing health incidents related to intoxicating hemp products, which state regulators have found sold across the state, especially beverages and food products. Children are particularly at risk should they consume these products. Studies show that use of these products can negatively impact cognitive functions, memory, and decision-making abilities in developing brains.
“Intoxicating industrial hemp products can cause illness and injury to California consumers,” said Tomás Aragón, CDPH Director and State Public Health Officer. “We are working to ensure products in the marketplace comply with state laws that protect consumers against these public health risks and have proposed emergency regulations that will improve protections for consumers.”
California became the first state to allow medicinal cannabis use when voters passed the Compassionate Use Act in 1996, and then in 2016, voters legalized the recreational use of cannabis. California’s cannabis industry is strictly regulated to ensure that businesses operate safely, products are labeled and tested to be free of contaminants, and that children are prevented from accessing cannabis products. However, without stronger laws and regulations, hemp manufacturers can skirt the law to produce and market hemp products that contain THC.
The new regulations ban any detectable quantity of THC from consumable hemp products such as beverages, food, and dietary products to protect youth and mitigate the risk of adverse health effects.
The emergency regulations will also bring the sale of hemp products more in line with restrictions currently seen in the California legal cannabis market by limiting serving and package size and establishing a minimum age of 21 to legally purchase industrial hemp food, beverage and dietary products.
“The Department of Cannabis Control welcomes these regulatory reforms,” said Nicole Elliott, Director of the Department of Cannabis Control. “These rules are a critical step in ensuring the products in the marketplace align with the law’s original intent, and we are committed to working with our state partners to enforce state law.”
These regulations will take effect immediately upon approval by the Office of Administrative Law. Sellers must begin to implement purchase restrictions and remove consumable hemp products containing any levels of detectable THC from shelves. State regulators, including the Department of Public Health, the Department of Cannabis Control, the California Department of Alcoholic Beverage Control (ABC), the California Department of Tax and Fee Administration (CDTFA), and state and local law enforcement officials, will begin immediate enforcement action.
“The Department of Alcoholic Beverage Control will enforce all California laws and regulations impacting ABC licensed locations,” said Joseph McCullough, Director of ABC. “ABC will be contacting licensees and stakeholder groups to make them aware of the new regulations so they can ensure they are in compliance once the regulations go into effect.”
“Our cannabis and tobacco inspectors are out in the field every day so that consumers can know that the items on store shelves are legal in California, properly tested, labeled, and taxed,” said Nick Maduros, Director of CDTFA. “We will continue working with our colleagues at the state and local levels to educate retailers and enforce California law.”
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