The US hemp industry is trying to police itself after California’s ban

With a state court judge refusing to temporarily halt the ban on THC-laced hemp sold in stores, a national advocacy group has proposed more measures to police itself.

The U.S. Hemp Authority announced Oct. 17 that it will expand its five-year program to self-regulate a fast-growing segment of the hemp industry – so-called “intoxicating hemp” containing THC.

The certification program was originally introduced in 2019 for non-intoxicating hemp.

The U.S. Hemp Authority, based in Washington, D.C., says it will hire a certification body to conduct independent third-party audits to ensure the integrity of the self-regulation program. Audits should verify that product contents are consistent with labeling.

There is currently no national oversight of quality control, labeling, and age restrictions for hemp products. Industry officials are stepping up self-regulation efforts in an effort to reassure consumers and lawmakers that intoxicating hemp should be kept out of the hands of children.

“We’ve been trying to show good faith for a long time,” said U.S. Hemp Roundtable spokesperson Kerry Hinkle, adding that industry stakeholders are “excited” about the program’s expansion.

The Adult Use Certification Program is campaigning to educate hemp producers.

“We intend to ensure that the hemp industry self-regulates to increase safety and stability and to demonstrate to lawmakers and regulators that the industry is primarily made up of good players trying to bring quality products to consumers,” said Chris Fontes, chairman of the US Hemp Authority, about the sector. governing body based in Kentucky.

While the program expansion began in April, the gesture coincides with actions in California – in the executive branch and in the courtroom.

Governor Gavin Newsom issued an emergency order on September 6 banning the sale of hemp in retail stores, based on safety concerns for children getting their hands on the intoxicating variety.

The Roundtable, along with other advocacy groups and companies such as Nevada-based Cheech and Chong Global Holdings, have filed a legal complaint.

The collective maintained that the ban would destroy the industry and, in addition to the lawsuit, filed a petition to at least temporarily halt the California Department of Public Health’s emergency measures.

North Bay hemp suppliers like Sunmed CBD, with stores in Petaluma, Lafayette and Concord, agreed.

Los Angeles Supreme Court Justice Stephen Goorvitch ruled that there was not sufficient evidence in the U.S. of irreparable damage to the industry submit and ruled against the legal challenge on October 10.

“Petitioners fail to demonstrate that these regulations will cause widespread and catastrophic destruction of the hemp industry,” Goorvitch wrote in a 12-page article. order denies the request for a temporary restraining order. “Initially, the court notes that at least half of the (US Hemp Roundtable) members operate outside California.”

The emergency regulations that came into effect on September 23 remain in place. These rules pause sales of THC-laced hemp until a permanent solution is presented. For now, this means that edibles and beverages infused with THC derived from hemp are not allowed in California.

What remains a national question is what happens next to producers who ship their items across state lines after the 2018 Farm Bill. The Farm Bill, which was defeated in the US Congress, legalized hemp nationally with less than 0 .3% THC on a dry weight basis.

Industry stakeholders insist they are not opposed to any form of regulation. The Roundtable approved a bill introduced by U.S. Sen. Ron Wyden, D-Ore., aimed at preventing people under the age of 21 from purchasing psychoactive products containing hemp derivatives.

California’s licensed and regulated cannabis industry allows edibles limited to 10 milligrams of THC per serving and 100 milligrams of THC per package.

Susan Wood covers agriculture, law, cannabis, manufacturing, transportation, as well as banking and finance. She can be reached at 530-545-8662 or [email protected]