California Governor Gavin Newsom. Photo Credit: Getty Images.
On September 6, California Gov. Gavin Newsom announced emergency regulations aimed at the state’s hemp market.
These proposed constraints would raise the legal age to purchase hemp to 21, ban any hemp products with THC levels above 0.3%, and limit the number of servings in hemp products to five. Pending the approval of the state’s Office of Administrative Law (OAL), this could have a massive impact on California’s hemp market.
What is Hemp?
Hemp was a key cash crop instrumental to fiber production. Photo Credit: OG Hemp.
The new legislation applies specifically to hemp products.
The use of hemp in the U.S. can be traced back to colonial America. A key cash crop, landowners were required to produce a certain amount of hemp for its use as a fiber before it became illegal as part of the War on Drugs in 1970, reports TIME.
There’s not much that separates hemp from weed plants. They are the same species. The difference is that hemp is mostly composed of CBD rather than THC. Defined in 1979 by author Ernest Small, hemp is any cannabis plant containing THC levels below 0.3%. While scientists choose not to differentiate the two, lawmakers do. While it remained illegal for decades, officials legalized hemp in the U.S. in the 2010s with the passage of the 2018 Farm Bill.
Bringing Down the Hammer
Photo Credit: LIGHTFIELD STUDIOS.
The legalization of hemp has created new challenges. Without the litany of federal restrictions that come with cannabis, the country’s hemp market has been able to operate with little intervention. As long as THC levels remain below 0.3%, hemp can be bought, sold, and transported across state lines. This has opened up new opportunities for the production and sale of hemp-derived THC products that far exceed the legal limit of THC.
The proposed restrictions mainly emphasize age and THC content. Newsom says these new laws will protect children from “dangerous and unregulated hemp products containing THC at retail stores.”
It’s no surprise that California is looking to raise the minimum age to purchase hemp. Federal law requires hemp buyers to be at least 18-years-old. However, CDPH’s proposal would bar anyone under the age of 21 from purchasing hemp products.
These provisions would also effectively ban any form of hemp that produces psychoactive effects. Sticking with Small’s definition, the new laws only allow hemp products with THC levels below 0.3% to be bought and sold. Furthermore, Newsom and the CDPH are looking to limit the number of servings in hemp products to five.
According to CDPH Director and State Public Health Officer Tomás Aragón, these restrictions are put in place to, “…ensure products in the marketplace comply with state laws that protect consumers against these public health risks…”
Director of the Department of Cannabis Control Nicole Elliott agrees.
“These rules are a critical step in ensuring the products in the marketplace align with the law’s original intent, and we are committed to working with our state partners to enforce state law,” says Elliott.
Potential Impact
This could be bad news for the state’s robust hemp industry. According to MJBizDaily, California was the nationwide leader in hemp production as recently as 2022. These new regulations would limit the earning power of hemp farms by allowing less room for diversity.
Another big consequence is restricting access to CBD, a non-psychoactive cannabinoid found in cannabis and hemp plants that many consumers use for its medicinal qualities. Studies have shown the plant’s capability to treat ailments like depression, anxiety, and PTSD. Research also suggests it’s an effective seizure suppressor.
One family credits the plant for treating their daughter’s epilepsy. They’ve been vocal about leaving if the new provisions come to pass, as their daughter, a minor, would be barred from purchasing medication that they consider to be lifesaving.
A Step Back?
Politicians painting hemp products as dangerous not only omits key information but sets a concerning precedent as well. The legal limit used to define hemp doesn’t have enough THC to produce any psychoactive effects. Additionally, advocates have worked decades to battle the negative stigma around the plant, and many fear this new attitude towards hemp could erase a lot of that progress.
Many of these criticisms from Newsom and the CDPH are centered around the federal legalization of hemp, which has allowed sales of untested and unregulated products to flourish. CDPH published its own report this past January tracking the state’s cannabis use in 2022. The report revealed that 37% of all cannabis-related poison control calls were for children five years and under. According to USA Today, the number of children younger than six ingesting cannabis products increased by 1,375% from 2017-2021. That said, Newsom’s statement omits some key details.
None of these studies are tracking hemp specifically. Therefore, an implied correlation between hemp use and ER visits or poison control calls is lacking. The governor also claimed that studies have shown that these products can negatively impact a developing brain. While the effect of THC on a child’s brain has been well documented, there isn’t enough evidence to suggest the same for hemp. He also neglected to mention any positive effects CBD can have on children. More specifically, its ability to treat children with neurodevelopmental disorders like autism and ADHD.
Blanket statements using phrases like “drug peddlers” echo past sentiments that demonized cannabis and anyone involved with it. Even in today’s more welcoming climate, legislations like these are capable of devaluing an entire industry. That includes businesses operating within the law.
A Double Standard?
As California cracks down on hemp, new legislation could clear a path for cannabis cafes. Photo Credit: Los Angeles Times.
While California’s hemp industry is in a state of flux, its legal cannabis market is growing. Nothing exemplifies this juxtaposition more than passing of Assembly Bill 1775 just over a week before Newsom’s statement.
If signed, the bill would allow state dispensaries to sell food and nonalcoholic beverages in addition to cannabis. This could clear a path for cities to permit cannabis cafes, much like the plethora of locations that Amsterdam has allowed since the 1970s. The goal is to help foster a more comfortable recreational weed culture. The bill also aims to boost dispensary profits as they deal with heavy taxation and competition from unlicensed sellers.
A similar licensing system has been in place in West Hollywood, with its first legal cannabis cafe opening in 2019. Since then, local officials have dubbed the city ”The Amsterdam of the West,” with a handful of successful locations within a few square miles of each other.
There’s no way of knowing how much longer the hemp and cannabis industries will continue on this path of contradicting legislation. It remains important that lawmakers consider all the variables when issuing regulations, even in the event of an emergency.
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