Marin public health official backs proposed hemp restrictions

Marin County’s top health official said this week that he backs a state push to curtail consumable hemp products containing THC.

Gov. Gavin Newson is calling for a state emergency ban on hemp products that carry THC and can be consumed via foods and beverages. He seeks to prevent minors from accessing them.

Cannabis products have been heavily regulated in California since its recreational use for adults was legalized six years ago. Regulations are relatively loose for consumable hemp products that contain Tetrahydrocannabinol or THC.

“Right now, a 12-year-old can walk into a store in Marin County and purchase an edible hemp product and taste THC legally,” Marin County Public Health Officer Matthew Willis said Tuesday.

“Fortunately, the governor recognized this is a public health issue in the state as a whole,” he said. “A statewide solution is a far better solution than the alternative of individual cities and towns taking independent action through local ordinances.”

In making the announcement on Friday, Newsom stood next to a table covered with hemp-based beverages and foods that he said his staff purchased from a store near his home. He said the sparkling waters contain hemp and held up a package of hemp edibles that displayed cartoonish imagery.

“It’s a disgrace and it’s a shame, and the industry bears full responsibility for not policing itself,” Newsom said.

If Newsom’s proposed regulations are enforced then consumable hemp products will not be allowed to contain THC or other intoxicating cannabinoids. Consumers would also have to be at least 21 years old to purchase hemp products. The regulations also will require manufacturers to limit hemp product servings to five per package.

San Rafael Assistant City Manager John Stefanski said that his staff supports the state public health department’s recommendations and the governor’s proposed reforms on hemp products. He said that state authorities currently regulate industrial hemp products and its THC content.

Nurit Raphael, founder of the Marin County-based cannabis delivery service ONA.Life, said that she supports the governor’s proposed hemp regulations.

“Cannabis and hemp are sibling plants, and in my opinion, should be regulated under the same license type by the Department of Cannabis Control,” she said.

Raphael said that Nevada dispensaries are allowed to sell hemp and cannabis products together.

“I hope California will do the same,” she said. “California wouldn’t allow us to sell hemp from the start; they forced us to keep it separated, and it caused this entire issue.”

Last month, Willis presented the issue of intoxicating hemp products to Marin County supervisors.

On Tuesday, he said that repeated exposure to THC can lead to a variety of cognitive and mental health issues for young people.

Willis noted that 76% of people ages 18 and under sought treatment for THC use addiction at Marin County’s behavioral health office. The county also experienced 29 emergency calls for minors who experienced THC intoxication in 2022, he said.

“It’s related to someone ingesting an edible or drinking something or using a vaping product that has a high concentration of THC where they may not be aware of how powerful it is,” Willis said.

When adult cannabis use for recreational or medicinal purposes in California was legalized in 2018, he said that hemp was considered to be more of a fiber material for clothing rather than a consumable product like cannabis.

“The hemp industry found ways to concentrate THC within hemp and because hemp wasn’t regulated, those products are really intoxicating and they’re legally available to young people,” Willis said.

He explained that the proposed state regulations would have any product containing THC to only be sold at a cannabis dispensary that exclusively sells to adults.

“That infrastructure has already been established to protect both adult choice and to prevent harmful access for young people,” Willis said.

The Hemp Beverage Alliance, which represents the hemp beverage industry, responded to Newsom by urging the state to create a legislative solution to allow hemp beverages to be sold.

President Christopher Lackner said that such beverages are low-dose products that are designed and marketed for adults only. He said the industry strongly encourages retailers to check customers’ ages.

“We agree that hemp products should not target children, should have clear labeling, and should only be sold where retailers are trained in proper age-gating,” Lackner said.

The state Office of Administrative Law must review and approve the proposed emergency regulations on hemp products before they can go into effect.