California’s controversial ban on THC-infused hemp products scored a win today as the Los Angeles Superior Court denied the Temporary Restraining Order (TRO) requested by U.S. Hemp Roundtable, Cheech & Chong’s Cannabis Company, and other petitioners. This ruling allows Governor Gavin Newsom’s emergency regulations to remain in effect while the lawsuit continues.
The petitioners filed the TRO to halt enforcement of California’s recently implemented ban on hemp-derived THC products, including edibles and beverages with “detectable” levels of THC. These products, already restricted to consumers 21 and older, are now effectively banned from the shelves under the emergency regulations. The state has argued that this ban is necessary to protect minors from “intoxicating” substances, but opponents in the industry claim the measures are overly broad and devastating to the hemp market.
Jonathan Miller, General Counsel for the U.S. Hemp Roundtable, expressed his disappointment with the decision:
“While we are disappointed with the court’s decision, this is only the first step in what could be a lengthy process. We are currently reviewing all of our 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.”
Cheech & Chong’s Cannabis Company, one of the most visible brands affected by the ban, has expressed its commitment to continuing the fight. Jonathan Black, CEO of the company, released the following statement:
“While we are disappointed by the decision to uphold the emergency order, we respect the judicial process and are prepared to continue our efforts in collaboration with state regulators. This outcome reinforces our commitment to advocate for policies that balance public safety with the rights of adult consumers. We will keep striving to engage constructively with policymakers to promote a regulatory environment that supports the safe and equitable access to cannabis products. Our mission remains unchanged: to ensure that our products meet the highest standards of safety and integrity while making them accessible to responsible adults.”
Industry stakeholders argue that this ban could cripple California’s billion-dollar hemp market, with as much as 95% of hemp products affected by the emergency regulations. The state’s concern, however, centers on unregulated THC products being sold in places like gas stations and convenience stores, which could make it easier for minors to access them.
Despite the age restrictions already in place for purchasing these products, state officials claim that the emergency regulations are critical to closing loopholes in the previous regulatory framework. Critics in the hemp and cannabis industries have countered, saying the ban goes too far by eliminating legitimate, non-intoxicating products that adhere to federal law.
The legal fight is far from over, with a trial-setting conference scheduled for November 22, 2024. In the meantime, businesses like Cheech & Chong’s Cannabis Company and others are left grappling with the consequences of this ruling.
We reached out to California Governor Gavin Newsom’s office for a comment regarding the legal battle over the state’s ban on THC-infused hemp products. However, despite our attempts, we did not receive a response. While the Governor’s office remains silent, the cannabis industry and affected businesses continue to navigate the repercussions of these new regulations without any direct insight from the Governor himself.
We’ll continue following this story and provide updates as the case unfolds.
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