Efforts to stall the controversial ban on hemp products in California have been rejected by a court judge, who called requests for a temporary restraining order (TRO) a ‘drastic remedy’.
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Last week, Business of Cannabis reported on a new emergency measure in California that’s causing major concerns in the hemp industry. Governor Gavin Newsom pushed through regulations that require all industrial hemp food, beverage, and dietary products intended for human consumption to have “no detectable THC or other intoxicating cannabinoids per serving.”
These new rules, which took effect earlier this month, were originally meant to limit the sale of intoxicating hemp-derived products, but they go much further than expected. Many in the industry fear that this will severely damage California’s booming hemp market.
In response to these regulations, the U.S. Hemp Roundtable, along with plaintiffs including Cheech & Chong Cannabis Co., filed for a temporary restraining order (TRO), arguing that the regulations are unlawful and could lead to millions of dollars in business losses. However, Los Angeles County Superior Court Judge Stephen Goorvitch denied their request for a TRO, calling it a “drastic remedy” that would halt enforcement before a full trial could take place.
The judge did make it clear that hemp-derived CBD products without THC can still be sold in stores, but those containing THC must now be sold exclusively in licensed cannabis dispensaries.
Jonathan Miller, general counsel for the U.S. Hemp Roundtable, expressed disappointment with the ruling but said the legal battle is far from over. Governor Newsom supported the decision, citing concerns about public health and the need to protect children from potentially harmful products.
The U.S. Hemp Roundtable issued a statement saying the judge’s ruling contradicted other rulings from states like New Jersey and federal courts across the country. They believe the court overlooked the potential disruption to interstate commerce in hemp products. The statement also criticized the judge for dismissing claims of “irreparable harm,” despite evidence that many businesses are on the brink of shutting down and that seniors and veterans could lose access to hemp products they rely on for health and wellness.
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