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Newsom proposes emergency rules to rein in intoxicating hemp industry

Gov. Gavin Newsom has proposed emergency regulations aimed at curbing the production and sale of illegal hemp products that contain intoxicating cannabinoids such as THC.

In a statement Friday morning, Governor Newsom's office said the new rules close a loophole that manufacturers in the “intoxicating marijuana” industry have used to circumvent regulations on cannabis products, allowing them to sell consumer products with strong intoxicating properties.

These products have become widely available in recent years at some smoking supply stores, gas stations and other retail outlets.

The regulations would require that such products contain no detectable levels of THC, the main psychoactive component of marijuana, or other cannabinoids, limit product packaging to five servings, and restrict sales to people 21 or older.

“We are taking steps to close loopholes and strengthen enforcement to prevent children from accessing dangerous hemp and marijuana products,” Governor Newsom said in a statement.

If the regulations are approved by the state's Office of Administrative Law, they would take effect immediately, after which retailers would be required to restrict purchases in accordance with the changes and remove hemp products that don't comply from their shelves.

According to a statement from Governor Newsom, state and local law enforcement agencies, as well as state regulatory agencies including the Department of Public Health, the Bureau of Cannabis Control, the Bureau of Alcoholic Beverage Control and the Department of Tax and Fee Administration, will begin enforcing the new rules immediately once they are approved.

The governor introduced proposed regulations a few weeks later. Assembly Bill 2223A state bill to implement similar changes died in committee.

“The new restrictions are a response to increasing health risks associated with illegal cannabis products, particularly beverages and edibles, that state regulators have identified being sold in the state, which put people, particularly children, at risk when consuming these products,” Governor Newsom said in a statement on Friday.

Governor Newsom signed a state law in 2021 limiting THC levels in hemp-containing foods, beverages and cosmetics to 0.3% and establishing labeling and testing requirements for such products. The governor's office said at the time that the goal was to ensure that non-addictive hemp products could be sold legally and safely.

In the years since, some manufacturers have found ways to produce consumer-intoxicating hemp products without violating the 2021 requirements.

“We will not stand by while drug traffickers target children with dangerous, unregulated cannabis products containing THC in retail stores,” Newsom said in a statement.

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