In September 2024, the California Department of Public Health (CDPH) enacted emergency regulations under DPH-24-005E, titled “Emergency Regulations for Serving Size, Age, and Intoxicating Cannabinoids for Industrial Hemp.” These regulations aim to address public health concerns associated with industrial hemp products intended for human consumption.
Key Provisions of the Emergency Regulations:
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Prohibition of Detectable THC:
- All consumable hemp products must contain no detectable levels of total tetrahydrocannabinol (THC), including delta-8-THC, delta-9-THC, delta-10-THC, and THCa.
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Age Restrictions:
- The sale of consumable hemp products is restricted to individuals aged 21 and over.
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Serving and Package Size Limits:
- There are specific limits on serving sizes and the total number of servings per package for hemp products, designed to reduce the risk of overconsumption.
Implementation and Enforcement:
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These emergency regulations went into effect immediately upon approval by the Office of Administrative Law on September 23, 2024.
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Retailers must comply by removing non-compliant products from their shelves. Violations can result in misdemeanors, fines, imprisonment, and administrative disciplinary actions, including suspension or revocation of licenses.
Industry Response:
- The hemp industry has expressed concerns, arguing that these regulations could negatively impact businesses and may conflict with federal laws. Legal challenges have been initiated, claiming the emergency regulations overreach and contradict the 2018 Farm Bill.
These emergency regulations underscore California’s commitment to safeguarding public health by ensuring that industrial hemp products are safe for consumption and appropriately regulated.