California extends hemp-derived THC ban

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California’s total ban on products with any detectable level of hemp-derived THC is poised to continue until at least June.

That’s the latest timeline after the state’s Department of Public Health moved earlier this month to temporarily extend prohibitions first imposed in September, according to SFGate.

Many states have moved to regulate or limit the availability of hemp-derived THC products since the alternatives to regulated marijuana appeared after passage of the 2018 federal Farm Bill.

However, to date, no state with legal marijuana access has gone as far as California in trying to control such products.

Last fall, with the blessing of Gov. Gavin Newsom – whose advocacy helped legalize adult-use marijuana in California – state heath regulators imposed emergency regulations that:

  • Established a minimum age of 21 to purchase hemp products.
  • Allowed no detectable levels of THC or other intoxicating cannabinoids per serving of hemp-derived food, beverage or dietary products intended for human consumption.
  • Limited the number of servings of hemp products to five per package.

The ban, if approved by the state Office of Administrative Law, will be readopted for another 90 days on March 24.

It can be extended once more before permanent regulations will be required.

The ban underscores the tension between California’s burgeoning hemp sector and the state’s regulated marijuana industry, which is struggling under the burden of heavy taxation and illicit-market competition.

In a September news conference, Newsom specifically called out the presence of hemp-derived gummies and hemp beverages at a local Total Wine & More location.

Since California’s ban took effect, regulators have seized products with hemp-derived THC, such as gummies and low-dose hemp beverages, from store shelves.

In Texas, considered the leading hemp-derived THC market in the country, lawmakers are considering following California’s lead and banning such products.