California Alcoholic Beverage Control Begins Enforcement of New Hemp Product Regulations

As explained in a news release from earlier this month (1), California began enforcement of new hemp regulations in the state. The emergency regulations, proposed by Governor Gavin Newsom and the California Department of Public Health (CDPH) on September 6, 2024, prohibit any detectable levels of tetrahydrocannabinol (THC) in hemp products, limit the serving size of hemp products to five, and create a minimum age of 21 to purchase hemp-derived products. The intent was to protect minors from the effects of certain cannabinoids, such as delta-8 THC. Stakeholders in the hemp industry, including the US Hemp Roundtable, filed a lawsuit and petitioned for a temporary restraining order.

As part of its “education-first” approach, the California Alcoholic Beverage Control (ABC) first informed the licensed retailers of the new regulations soon after they were published. In October 2024, ABC began ensuring the regulations were being followed, checking 383 ABC-licensed locations across the state and seizing over 700 illegal hemp products. Under the new regulations, the products cannot be carried, marketed, or sold in the locations, and include food, beverages, and dietary supplements.

The actions by the agents ultimately revealed that the majority of retail locations were in compliance. “ABC’s enforcement sweep demonstrated overwhelming compliance among licensees statewide,” stated ABC Director Joseph McCullough in a news release. “Agents visited nearly 400 licensed establishments across California and 97 percent were in compliance with the new regulations. While these numbers are promising, 100 percent compliance is our goal.”

The news release also listed the 12 retail locations and 14 brand names of the seized hemp products.

In August 2024, California Assembly Bill 2223, which would have limited the amount of THC in hemp products, had failed to pass the Senate. That bill had been criticized by the US Hemp Roundtable, hemp businesses, and other stakeholders.

Reference

1. California Department of Beverage Control, With New Hemp Regulations in Effect, ABC Sees Strong Compliance Following First Statewide Sweep. https://www.abc.ca.gov/with-new-hemp-regulations-in-effect-abc-sees-strong-compliance-following-first-statewide-sweep/ (accessed Oct 23, 2024).