SF Gate Article: Newsom quietly moves to extend his polarizing ban on hemp THC in California

Hemp products like THC seltzers will likely remain illegal in California through the spring after Gov. Gavin Newsom’s administration quietly moved to extend his emergency ban on hemp last week.

Hemp THC products have swept the country since 2018, when Congress legalized the intoxicating drugs made out of a variety of cannabis plants. They’re sold online and at liquor stores and grocery retailers in dozens of states, and they have become an increasingly common sight in California. Last fall, Newsom issued an emergency order to block their sale.

Newsom’s ban on hemp was set to expire at the end of the month, and it wasn’t clear what his plan was, as his office did not return an SFGATE request in January asking if he would extend the ban. The answer came March 6, when the California Department of Public Health filed a notice to extend the ban. If the Office of Administrative Law approves the readoption, it will last 90 more days, extending the ban until late June. The emergency ban can be extended a maximum of two times, according to the Office of Administrative Law.

Page Last Updated : March 8, 2025

DPH-24-005E-Emergency Regulations for Serving Size, Age, and Intoxicating Cannabinoids for Industrial Hemp

On September 6, 2024, Governor Gavin Newsom announced emergency regulations to protect Californians, especially youth, from the adverse health effects of dangerous hemp products. The regulations, proposed by the California Department of Public Health (CDPH) were approved on September 23 by the Office of Administrative Law. The regulations require that industrial hemp food, food additives, beverages, and dietary supplements intended for human consumption have no detectable THC per serving, cannot be sold to purchasers under age 21, and may have no more than 5 servings per package.

For more information, see the Findings of Emergency (PDF) .

Information and documentation pertaining to this regulatory proposal are listed here.

Sections Affected

California Code of Regulations: Title 17

Sections: 23000, 23005, 23010, 23015, 23100

Schedule of Rulemaking Proceedings

Notice of Proposed Emergency Regulatory Action emailed: September 6, 2024
Emergency Filed with the Office of Administrative Law on: September 13, 2024
Effective date of the Emergency Regulations: September 23, 2024
Office of Administrative Law File No.: Z-2024-0913-02E
Notice of Proposed Readopt of Emergency Regulation Action emailed: March 6, 2025
Readopt Filed with Office of Administrative Law: March 14, 2025
Effective Date of the Readopt of Emergency Regulations: March 24, 2025
Office of Administrative Law File Number for Readopt: Z-2024-0913-02E

Frequently Asked Questions

Q: What will the new regulations do?

The regulations require that industrial hemp food, food additives, beverages, and dietary supplements intended for human consumption have no detectable total THC. The regulations also create a minimum age of 21, to purchase hemp final form food products intended for human consumption and limit the number of servings in hemp products to five per package. The regulations also include additional cannabinoids in the definition of THC.

Q: Why are you making these regulations?

A: These emergency regulations respond to concern about increases in health incidents related to intoxicating hemp products, including complaints about intoxicating industrial hemp products in retail environments. CDPH responds to complaints of injury and illness through investigations, embargoes, regulatory letters, warrants, cease and desist letters, and notices of violations.

Please visit the proposed emergency regulations page for complete details on the regulations and findings.

Q: Why is this an emergency?

A: The Department has statutory authority to adopt emergency regulations to implement the industrial hemp program, and such emergency regulations are deemed by statute to be an emergency and necessary for the immediate preservation of the public health and safety. The Findings of Emergency (PDF) provides additional authority and findings to support the emergency regulations.

Q: How can you tell the difference between a hemp and cannabis product?

A: Legal California cannabis products must be sold in licensed dispensaries and are required to be labeled with the universal cannabis symbol.

Q: Will people be able to access products with THC?

A: Under the new regulations, hemp products may not have any detectable level of THC. However legal cannabis products with detectable THC may be purchased by adults from licensed dispensaries.

Q: Will people still be able to buy hemp products without THC?

Yes, purchasers aged 21 and over will be able to buy hemp products with no detectable amount of THC.

Q: When do these regulations go into effect?

A: The emergency regulations are currently in effect, as of Monday, September 23, 2024. More information can be found on the OAL webpage at About the Emergency Rulemaking Process.

Q: Who enforces these regulations, and how?

A: State regulators, including the Department of Public Health, the Department of Cannabis Control, the California Department of Alcoholic Beverage Control (ABC), and the California Department of Tax and Fee Administration (CDTFA) will work together to ensure industrial hemp is enforced from manufacture to sale. Local enforcement officials also have authority to ensure licensed retail establishments are complying with the law.

Q: What about individuals who rely on these products for medical needs, including children?

A: People who rely on products that contain detectable levels of THC for medical needs will still be able to obtain cannabis-derived products with THC through licensed adult-use and medical cannabis dispensaries. It is recommended to consult with a healthcare provider for medical needs. Hemp products with THC will no longer be available in the retail marketplace in California. Some patients, including children, may be eligible for a medical marijuana identification card to purchase medical cannabis free of sales and use tax. The program is administered by CDPH and can be found at Medical Marijuana Identification Card Program.

Status of Proposal

Emergency Regulation approved and filed with the Secretary of State on September 23, 2024.

Emergency Readopt will be submitted to OAL on March 14, 2025 with an effective date of March 24, 2025.

Inquiries regarding the content of this regulation may be directed to:

California Department of Public Health
Office of Regulations
Email: regulations@cdph.ca.gov

Emergency Readopt Note: This notice is solely a notice of intent to file a readopt of sections 23000, 23005, 23015, and 23100. Please note that section 23010 “List of Intoxicating Cannabinoids” does not require readoption and remains in effect for 18 months from September 23, 2024, pursuant to Health and Safety Code section 111921.7(d).