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US hemp industry seeks self-control after California ban
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US hemp industry seeks self-control after California ban

As a state court judge declined to temporarily end a 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 would expand its five-year program to self-regulate a rapidly growing segment of the hemp industry — so-called “intoxicating hemp” with THC.

The certification program was initially implemented in 2019 for non-toxic hemp.

The US Hemp Authority, based in Washington, DC, announced that it will hire a certification body to conduct an independent third-party audit to ensure the integrity of the self-regulatory program. The audits would verify that the product contents conform to the labeling.

There is currently no national oversight to ensure quality control, labeling, and age restrictions for hemp products. Industry officials are stepping up attempts at self-regulation in an effort to reassure consumers and lawmakers that intoxicating hemp should not be put in the hands of children.

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

The Adult Use Certification Program conducts outreach to educate hemp producers.

“We intend to ensure that the hemp industry self-regulates to increase safety and stability and demonstrate to legislators and regulators that the industry is comprised primarily of good actors trying to bring quality products to consumers,” U.S. Hemp Authority Chairman Chris Fontes said of the industry. governing body anchored in Kentucky.

Although the program’s expansion began in April, the move coincides with actions in California, in the executive branch and in the courts.

Governor Gavin Newsom issued an emergency order on September 6 declaring a ban on the sale of hemp in stores due to safety concerns about children getting their hands on the intoxicating strain.

The Roundtable, along with other advocates and companies such as Cheech and Chong Global Holdings of Nevada, filed the lawsuit.

The collective insisted the ban would destroy the industry and, in addition to the lawsuit, filed a petition to at least temporarily suspend emergency regulations administered by the California Department of Public Health.

North Bay hemp suppliers such as Sunmed CBD, with outlets in Petaluma, Lafayette and Concord, have agreed.

Los Angeles Superior Court Judge Stephen Goorvitch ruled there was insufficient evidence of irreparable harm to the industry. deposit and ruled on October 10 against the legal challenge.

“Petitioners fail to demonstrate that these regulations will result in widespread and catastrophic destruction of the hemp industry,” Goorvitch wrote in a 12-page document. order denying the request for a temporary restraining order. “As a first step, the court notes that at least half of the members of the US Hemp Roundtable operate outside of California.”

Emergency regulations that came into effect on September 23 remain in effect. These rules suspend sales of hemp containing THC until a permanent solution is presented. For now, that means edibles and drinks infused with hemp-derived THC are banned in California.

What remains in question nationally is what happens next with producers shipping their products across state lines as a result of the 2018 Farm Bill. The Farm Bill, which was blocked in U.S. Congress legalized hemp containing less than 0.3% THC on a dry weight basis nationwide.

Industry players insist they are not opposed to some form of regulation. The Roundtable endorsed a bill introduced by U.S. Sen. Ron Wyden, D-Ore., with the goal of preventing people under 21 from purchasing psychoactive products containing hemp derivatives.

The licensed and regulated cannabis industry in California allows the production of edibles limited to 10 milligrams of THC per serving and 100 milligrams of THC per package.

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