Alec

California vs. Hemp: Newsom's New Ban

September 24, 2024

California, a state known for progressive cannabis laws, is taking a step backward with a recent move that could significantly impact the hemp industry. In a baffling display of misunderstanding, our representatives seem to forget the key fact that hemp is cannabis. It’s all the same plant, separated only by legal definitions and THC content. The hemp plant, defined as cannabis containing less than 0.3% THC, is essentially a legal pathway to producing and consuming various cannabis products, from therapeutic CBD to emerging cannabinoids like THCV, CBDA, and CBGA. But that distinction is under threat.

The recent decision aims to ban products containing any trace amount of THC, even if they comply with the federal guidelines set by the 2018 Farm Bill. This isn’t just targeting intoxicating products, either—it’s a sweeping ban that would include full-spectrum CBD topicals, which are valued by consumers for their holistic health benefits. These products often contain minimal amounts of Delta-9 THC (up to the legal limit of 0.3%), but even those trace amounts would become illegal under this new ban. It doesn’t stop there. Flower rich in CBDA, CBGA, and especially THCA would also be outlawed.

Why This Matters

This legislation flies directly in the face of the 2018 Farm Bill, which federally legalized hemp and its derivatives, as long as they contain less than 0.3% THC. By ignoring federal guidelines, California is not just limiting consumer access to wellness products but setting the stage for a potential flood of lawsuits. The hemp industry—business owners, farmers, and consumers alike—are unlikely to take this lying down.

If California moves forward with this restriction, it will cripple a thriving sector of the cannabis industry, leaving hemp useful only for textiles, fabric, and construction materials. While those uses are valuable, they are only a fraction of hemp’s potential. The ban eliminates hemp’s role in wellness products like CBD oil, edibles, and even topicals that have been helping people manage pain, anxiety, inflammation, and much more.

The 2018 Farm Bill gave rise to a booming market, and California’s hemp farmers and businesses have built livelihoods based on its protections. The federal law is clear: hemp and its derivatives are legal. How will California justify going against this precedent? The state’s decision will likely spark lawsuits, as companies will fight for the right to sell legal products. The hemp industry could unite to challenge this law, with the legal backing of the Farm Bill.

The consequences for California are grim if this ban sticks. Hemp products are helping people, from anxiety relief to skincare, and denying consumers access to safe, legal options is nothing short of shortsighted. Even more concerning, this type of restriction may set a precedent for other states to follow, putting the entire hemp market at risk.

Smoking the Wrong Stuff

California is smoking the wrong kind of hemp. This potential ban shows a clear disconnect between our representatives and the reality of what hemp is: cannabis, the same plant, in a legal form. By turning away from the federal guidelines set by the 2018 Farm Bill, the state risks alienating businesses, farmers, and consumers who depend on hemp for a variety of reasons—especially wellness.

The battle for hemp’s future in California is just beginning, and it’s going to be interesting to see how businesses and consumers rally against this uninformed and damaging decision.

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