Newsom proposes emergency rules to protect kids from harmful hemp products

California Gov. Gavin Newsom (D) issued a proposal Friday for emergency regulations to ban THC-containing hemp products, in a bid to protect children from potentially toxic effects.

The proposed regulations, released by the California Department of Public Health, would require that all industrial hemp food, beverage and dietary supplements intended for human consumption be free of detectable THC and other cannabinoids.

The rules would also set a minimum age to purchase hemp items at 21 years old and restrict the number of servings of hemp to five per package, according to the governor’s office.

“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,” Newsom said in a statement. “We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products.”

The regulations, which require the approval of California’s Office of Administrative Law before they can take effect, would respond to a recent surge in hemp-related health incidents. Children are particularly vulnerable to these effects, which include negative impacts on cognitive function, memory and decision-making abilities, officials noted. 

While California was the first state to allow medicinal cannabis in 1996 and then legalized the recreational use of the drug two decades later, the state’s cannabis industry is highly regulated.

“However, without stronger laws and regulations, hemp manufacturers can skirt the law to produce and market hemp products that contain THC,” the governor’s office stated.

As such, Nicole Elliott, director of the Department of Cannabis Control, welcomed the proposed regulations as “a critical step in ensuring the products in the marketplace align with the law’s original intent.”

“We are committed to working with our state partners to enforce state law,” she added.

After receiving approval from the Office of Administrative Law, the regulations would take effect immediately. At that point, sellers would need to implement purchase restrictions and remove from their shelves any consumable hemp products that contain detectable levels of THC.

“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,” Nick Maduros, director of the California Department of Tax and Fee Administration, said in a statement.

“We will continue working with our colleagues at the state and local levels to educate retailers and enforce California law,” Maduros added.