Cheech and Chong’s Company Sues to Overturn California Hemp Product Ban
California Governor Gavin Newsom’s emergency ban on most consumable hemp products in the state has been met with opposition from the hemp industry, including Cheech and Chong’s cannabis company. The ban, which took effect on September 24, prohibits hemp products with any detectable amount of THC, and limits non-intoxicating products to five servings per package and sales to adults 21 and older.
The lawsuit, filed on behalf of the U.S. Hemp Roundtable and several individual businesses, including Cheech and Chong’s Global Holdings, claims that the regulations are based on a faulty declaration of “emergency” and that officials failed to effectively implement hemp regulation legislation enacted in 2021.
The suit argues that the ban will “essentially devastate an emerging industry that consists largely of small business owners” and that it is a “draconian” regulation that goes beyond the limits of state law. The plaintiffs are seeking to overturn the ban and prevent its enforcement.
The ban has also been criticized by other stakeholders in the hemp industry, including the advocacy group One Hemp, which is considering a court challenge to hold Newsom accountable to the normal democratic process.
Newsom has defended the ban, saying that it is necessary to address the proliferation of unregulated hemp products that contain intoxicating amounts of THC. He has also expressed hope that he can work with the legislature to address the issue in the coming session.
The controversy over the hemp ban is part of a larger debate over how to regulate the hemp industry, which has grown rapidly since the 2018 Farm Bill legalized hemp and its derivatives. Some advocates argue that the industry needs more regulation to ensure public safety, while others argue that the current regulations are too restrictive and will harm small businesses.
The issue has also been taken up at the federal level, where lawmakers are considering legislation to impose a general ban on hemp-derived cannabinoids such as delta-8 THC. The proposal has been met with opposition from some hemp industry advocates, who argue that it would effectively ban all non-intoxicating CBD products.
The controversy over the hemp ban is likely to continue in the coming weeks and months, as stakeholders in the industry and lawmakers at the state and federal levels weigh in on the issue.
