New California Bill to Allow Limited Amount of THC in Hemp-Derived Products
A new bill was introduced to California’s state assembly which would allow hemp-derived products with limited quantities of THC, alleviating the previous ban.
Image | adobe.stock/Konrad
In September 2024, California Governor Gavin Newsom, announced new emergency regulations which were aimed at protecting young children from the effects caused from tetrahydrocannabinol (THC) (1). The regulations now in effect, ban retail sales of products containing detectable of THC. For example, these could be dietary products, hemp food, or bevarages (1). The California Department of Public Health (CDPH) recommended the regulations which were approved by the Office of Administrative Law, because of “ …increasing health incidents related to intoxicating hemp products, which state regulators have found sold across the state. 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,” (1).
According to the California Department of Health, the hemp regulations (1):
- Ban any detectable amount of THC or other intoxicating cannabinoids per serving.
- Ban sales to people under 21.
- Limit servings to five per package.
Recently, California State Assembly member Cecilia Aguiar-Curry introduced AB 8 (2). Currently, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) allows for the regulation, as well as licensure, of cannabis activity at the commercial level (2). This bill “…exempts industrial hemp, as defined, from the definition of cannabis under MAUCRSA. This bill would state that MAUCRSA does not prohibit a licensee from manufacturing, distributing, or selling products that contain industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp, if the product complies with all applicable state laws and regulations,” (2). The bill hopes to (2), “enhance the viability of cannabis licenses in the marketplace by pursuing measures to relieve tax and regulatory requirements, and to authorize licensees to manufacture, distribute, and sell hemp and cannabidiol (CBD) products in compliance with current law.”
The California constitution dictates that the state is obligated to reimburse specific costs to school districts and other local agencies (2). Additionally with AB 8, there would not be any reimbursement to be given out as a requirement by the state.
AB 8 is currently pending referral, while it waits to be reviewed and voted on potentially in a upcoming session (2).
References
- Department of Public Health. California’s ban on intoxicating hemp products now in effect https://www.cdph.ca.gov/Programs/OPA/Pages/NR24-26.aspx#:~:text=The%20new%20regulations%20for%20hemp,servings%20to%20five%20per%20package. (accessed Jan 9, 2025).
- California AB8 https://trackbill.com/bill/california-assembly-bill-8-industrial-hemp/2574213/ (accessed Jan 9, 2025).
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