A California judge last week ruled that the state’s emergency regulations restricting the sale of intoxicating hemp products can continue, blocking a legal challenge brought by hemp companies.
Judge Rules California’s Ban on Intoxicating Hemp Products Can Remain in Place
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A California court last week blocked a legal bid by hemp industry operators in the state to end enforcement of the state’s emergency regulations banning hemp-derived THC products. In a statement, Gov. Gavin Newsom (D) said officials “are pleased the court saw through their bogus arguments and put the safety of Californians first in its decision.”
“We will not sit on our hands while bad actors in the hemp industry target our children with dangerous and intoxicating hemp products containing THC at our retail stores. Industry concerns about the regulations are more about protecting their profit than the public.” — Newsom in a press release
The decision by Los Angeles County Superior Court Judge Stephen I. Goorvitch upholds California’s restrictions, which prohibit selling any industrial hemp food, beverage, or dietary product intended for human consumption if there is any detectable THC or other intoxicating cannabinoids per serving.
In the ruling Goorvitch found that the plaintiffs did not demonstrate that the regulations would “cause widespread catastrophic destruction” of the state’s hemp industry, noting that even though they cannot sell food products with detectable levels of THC, they can sell other products, such as hemp flour and lotions and can sell hemp products with THC through the state’s adult-use cannabis system. The judge also found that the risks to children from the products outweigh the businesses’ interests.
In a statement to Courthouse News Service, Jonathan Miller, general counsel for U.S. Hemp Roundtable, one of the plaintiffs, said the organization is reviewing its options for proceeding.
“We still hold out hope that Governor Newsom will come to the table and work with industry to achieve our mutual goal – to robustly regulate hemp products and keep them out of the hands of children – without devastating hemp farmers, business and consumers as does his emergency regulation,” he said.
While Goorvitch declined to impose a preliminary injunction, he did set a trial conference date for November 22.
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