California Gov. Gavin Newsom recently proposed emergency regulations to ban hemp products with “any detectable quantity” of THC–the intoxicating chemicals that give marijuana its psychoactive effects. This drastic measure targets intoxicating hemp products and therapeutic ones, threatening to strip Californians of safe, non-intoxicating hemp-derived therapies that are legal under federal law.
Hemp, a variant of the cannabis plant, was legalized at the federal level in 2018. Though hemp and marijuana both come from the same plant, the critical difference is that hemp must contain less than 0.3% tetrahydrocannabinol (THC). Anything higher is classified as marijuana.
Hemp has many commercial uses, from textiles to building materials, but one of its most significant applications is the extraction of cannabinoids. Cannabidiol (CBD) is a non-intoxicating cannabinoid, and clinical trials have proven it reduces seizures in epileptic children. However, extracting cannabinoids like CBD from hemp without trace levels of THC is nearly impossible.
Gov. Newsom is targeting intoxicating hemp products, including those made by chemically converting CBD into forms of THC. However, Newsom does not distinguish between intoxicating products and those with proven therapeutic value. As a result, the standard of “any detectable quantity” would remove CBD therapies from the market even though they pose no threat of intoxication.
The proposal would harm families like Paige and Matt Figi’s, who turned to CBD to treat their daughter, Charlotte, whose severe epilepsy resisted conventional therapies. By age 5, Charlotte was suffering 300 seizures a week and lost the ability to walk, talk, and eat on her own. Hospitals told Charlotte’s parents there was nothing more they could do. The Figis tried CBD, and from that first treatment until her death at age 13 due to suspected COVID-19, the Figis say Charlotte was virtually seizure-free.
Charlotte’s story helped spur medical cannabis legalization across the country. Today, 38 states have legalized some form of medical use, and nine have specifically legalized CBD. Yet, Newsom’s plan would block families like the Figis from accessing this life-changing therapy.
States that have legalized marijuana often impose onerous and costly restrictions due to ongoing federal marijuana prohibition. With federal hemp legalization, however, hemp manufacturers can operate free of both federal rules and state marijuana regulations. Ironically, restrictions on marijuana sales allow hemp manufacturers to offer intoxicating products that compete with marijuana at more outlets and lower costs.
In 2024, over 10 states enacted legislation regulating hemp-derived cannabinoids, and many states are considering similar proposals. Most of these bills have focused on barring sales to minors, ensuring product safety, limiting THC content, and restricting sales of intoxicating hemp to licensed dispensaries. But no state has gone as far as banning hemp products with any detectable THC, as Gov. Newsom proposes.
Newsom previously backed legislation that would have regulated hemp products, imposing rules on hemp similar to those governing marijuana, including manufacturing and labeling standards, limiting sales to dispensaries, and capping THC at 0.3% total or no more than 1 milligram per container. But that measure failed, in part due to concerns raised by patients and parents like the Figis, who feared that forcing all CBD sales into the dispensary system would lead to prohibitively high prices and strip access entirely for many patients since many Californians live more than 100 from the nearest dispensary.
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Newsom’s concerns about consumer safety and youth access to intoxicating hemp products are valid. But a ban goes unnecessarily far and will undermine his goals. It would strip patients of access to vital therapies and push consumers toward illicit products without oversight.
If protecting consumers is the goal, California should heed the lessons it learned from legalizing marijuana. Rather than a ban, California should require hemp producers to adhere to the same testing and labeling standards as marijuana and limit sales of intoxicating products to retailers with track records of age-gating adult products.
At the same time, the state should reduce burdensome regulations on marijuana businesses, enabling them to compete in an evolving cannabinoid landscape. By striking this balance between safety, access, and fairness, California can protect patients, consumers and marijuana businesses without restricting access to life-changing cannabis therapies.
Michelle Minton is a senior policy analyst at Reason Foundation and author of the new report, “A framework for federal and state hemp-derived cannabinoid regulation.”