California Issues Emergency Rules Targeting Hemp Intoxicants in Gray Market

California adopted emergency regulations in September 2024 banning detectable intoxicating cannabinoids in hemp food, beverages, and dietary products sold outside the state’s licensed adult-use cannabis system.

Sacramento, Calif. — September 23, 2024. The California Department of Public Health adopted emergency regulations that effectively bar detectable tetrahydrocannabinol — including hemp-derived delta-9, delta-8, and intoxicating quantities of THCA — from hemp food products, beverages, and dietary supplements sold outside the state’s licensed cannabis system.

The emergency rule was issued under directive from Gov. Gavin Newsom, who in early September 2024 announced an executive order targeting what his office described as “intoxicating hemp products marketed to children.” The Department of Public Health rule that followed prohibits detectable THC in industrial hemp final-form products and requires that all final-form hemp products be tested by a registered laboratory.

The rule’s practical effect is to push intoxicating hemp products out of California convenience stores, smoke shops, and online retailers shipping to California addresses, and into the state’s licensed adult-use cannabis dispensary system — where intoxicating cannabis products are taxed and regulated. Compliance penalties include product seizure and licensee sanctions for distributors and retailers.

According to Marijuana Moment and Reuters coverage, the emergency regulations were challenged in California courts. A coalition of hemp businesses filed for injunctive relief; the courts initially declined to enjoin enforcement. The rule has remained in force, with regulators iterating on implementation through subsequent rulemaking actions.

The California rule does not, by its terms, criminalize possession of THCA flower — it regulates retail sale within the state. National brands selling THCA flower have generally either geofenced California, reformulated to non-detectable THC, or moved their California-targeted products into licensed dispensary supply chains.

What it means for consumers

If you live in California, expect intoxicating hemp products to be largely unavailable from non-dispensary retailers. THCA flower in particular — by virtue of its high cannabinoid content — falls within the rule’s scope when measured under decarboxylation. The licensed adult-use cannabis system remains an alternative for adults 21+, though pricing, taxation, and product framing differ from the hemp market.

Brands that previously shipped THCA flower to California addresses have, in most cases, removed California from their checkout flows. Confirm at checkout before purchase.

Sources

• California Department of Public Health — Industrial Hemp
• Marijuana Moment — California hemp coverage
• Reuters

Related

• Is THCA Legal in California?
• Hemp vs Marijuana: A Legal Definition Explainer
• Total-THC vs Delta-9: How States Test