California businesses in near-universal compliance with prohibition of intoxicating hemp products harmful to youth

Adopted by the California Department of Public Health (CDPH), the emergency regulations prohibit the marketing, offering for sale, or selling of industrial hemp food, beverages, and dietary products that contain THC or other intoxicating cannabinoids.

“Our licensees have overwhelmingly complied with the regulation,” said ABC Chief Deputy Director Frank Robles. “On the few occasions when ABC agents found items during inspections, they’ve ensured these harmful products are removed from shelves.”

The regulations also ban sales to people under 21. Businesses that fail to follow the law face various consequences, including criminal penalties and loss of license. ABC will continue to visit licensed locations throughout the state to enforce the new regulations and ensure illegal products are not being sold. To track progress, visit the weekly hemp enforcement update. 

In October, a court rejected a legal move to stop enforcement of California’s emergency regulations banning THC-containing hemp products that harm the public, especially children. 

Why this matters

California became the first state to allow medicinal cannabis use when voters passed the Compassionate Use Act in 1996, and then in 2016, voters legalized the recreational use of cannabis. California’s cannabis regulatory framework requires that businesses operate safely, that products are labeled and tested to protect consumers from contaminants, and that children are prevented from accessing cannabis products. Hemp manufacturers have been exploiting the law to produce and market hemp products that contain THC without the safeguards in place for similar cannabis products. Intoxicating hemp products have been made available at major and small retailers and marketed for their intoxicating THC properties. These regulations ban these sales.

State regulators, including ABC, CDPH, the Department of Cannabis Control, the California Department of Tax and Fee Administration, and state and local law enforcement officials, enforce these requirements.