Gov. Gavin Newsom Intensifies Scrutiny On Illegal Hemp Products, Calls To Safeguard Youth

California Governor Gavin Newsom has directed the Department of Public Health (CDPH) and the Department of Alcoholic Beverage Control (ABC) to address concerns regarding the sale and distribution of mislabeled hemp products. This directive seeks to enforce consumer safety laws, especially to prevent minors from accessing both hemp and marijuana products.

“Mislabeled and misleading products have no place in the marketplace, particularly when they jeopardize the health and safety of our children,” Newsom said in a press release.

New Compliance Measures For Hemp Products

In California, state-specific regulations govern both the hemp and cannabis industries. The Sherman Act enforces rigorous standards on the composition, labeling, and marketing of industrial hemp products, supplementing the federal 2018 Farm Bill which legalized hemp with THC levels under 0.3%. Despite this legal landscape, state’s additional requirements mandate that all hemp product manufacturers and distributors register with the state’s Food and Drug Branch (FDB). However, as Cannabis Business Times noted, this registration marks a preliminary step towards compliance but doesn’t guarantee full adherence to safety and labeling regulations.

The directives from the CDPH and the ABC require hemp products to include a scannable QR code linked to a certificate of analysis. This certificate must verify the product’s cannabinoid profile and contaminant levels, aiming to protect consumers, especially minors, from mislabeled and potentially harmful products.

Penalties For Non-Compliance

As California tightens its regulatory grip, those found violating the Sherman Act face serious penalties, including fines and possible imprisonment. These measures reflect a broader, ongoing effort by the Newsom administration to tighten regulations on hemp-derived products and adopt a more aggressive stance on illegal cannabis operations.

Widespread Mislabeling On Hemp Products

Furthermore, the focus on precise labeling and marketing is crucial in a landscape where recent studies, including a government-funded analysis by the National Institute of Standards and Technology (NIST), have revealed that a staggering 93% of smokable hemp products exceed the legal THC limit, effectively classifying them as illegal under federal law. This widespread mislabeling misleads consumers and also complicates enforcement efforts, blurring the lines between legal and illegal products.

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