California Alcoholic Beverage Control Publishes New Statistics on Illegal Hemp Products Seized

In a November 13, 2024, news release, the California Department of Alcoholic Beverage Control (ABC) published new statistics on the number of sweeps conducted at ABC-licensed locations and the number of non-compliant hemp products seized by agents.

In response to the September 2024 hemp product emergency regulations proposed by Governor Gavin Newsom and the California Department of Public Health (CDPH), the ABC initially adopted an “education-first” approach to enforcement of the regulations, immediately alerting ABC-licensees that they “may not carry, market, offer for sale, or sell any products that do not comply. Doing so will subject the ABC license to administrative disciplinary action.” The new regulations prohibited any detectable levels of tetrahydrocannabinol (THC) in hemp products, limited the serving size of hemp products to five, and created a minimum age of 21 to purchase hemp-derived products. The intent was reportedly to protect minors from the effects of certain cannabinoids, such as delta-8 THC. Stakeholders in the hemp industry, including the US Hemp Roundtable, had filed a lawsuit and petitioned for a temporary restraining order on the regulations.

According to its latest data, since September, agents have visited 3,575 locations and seized 5,318 illegal products. “Each one of these products posed a unique health risk to Californians,” said Joseph McCullough, director of ABC, in the news release. “Despite the large number of products seized, we are happy to say that our licensees are overwhelmingly in compliance with the new regulation and are doing their part to keep our communities safe from these dangerous products.” McCullough also stated that daily operations have incorporated the search of locations and seizure of illegal hemp products.

An October 9 press release from ABC stated that the nearly 400 businesses ABC agents had visited in October revealed that 97% of businesses were in compliance. The press release listed the 12 businesses they found to be out of compliance and the names of the 14 brands of the products seized. Subsequent visits in the month of November have reportedly resulted in more than 97% compliance. In the week ending on November 10, for example, 299 products were seized and 10 out of the 407 locations visited locations were out of compliance. The violations were found throughout California, specifically in Lake Isabella, West Hollywood, Redlands, Huntington Beach, Palm Springs, Red Bluff, Oakdale and Stockton.

ABC has also added a page to their website documenting enforcement action taken on illegal hemp products, with updates posted weekly. Additional resources for licensees, including how to file a complaint, are also listed.