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The US hemp industry is trying to police itself after California’s ban
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The US hemp industry is trying to police itself after California’s ban

As a state court judge refuses to temporarily end a ban on THC-laced hemp sold in stores, a national advocacy group has proposed more measures to self-police.

The U.S. Hemp Authority announced on Oct. 17 that it will extend its five-year program to self-regulate a fast-growing segment of the hemp industry — so-called THC “intoxicating hemp.”

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

The Washington, DC-based U.S. Hemp Authority says it will hire a certification body to provide independent, third-party auditing to ensure the integrity of the self-regulatory program. Audits would verify that product contents are consistent with labeling.

There is currently no national oversight to ensure quality control, labeling and age restrictions for hemp products. Industry officials are ramping up attempts at self-regulation in an attempt to reassure consumers and lawmakers that intoxicating hemp should be kept out of the hands of children.

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

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

“We intend to ensure that the hemp industry is regulated to increase safety and stability, and to demonstrate to lawmakers and regulators that the industry is primarily made up of good actors trying to bring quality products to consumers,” said Chris Fontes, President To the US Hemp Authority, about the industry. governing body anchored in Kentucky.

While the program expansion began in April, the gesture coincides with action in California — in the executive branch and in court.

Gov. Gavin Newsom issued an emergency order on Sept. 6 banning the sale of hemp in stores, citing safety concerns for children who get their hands on the intoxicating strain.

The roundtable, along with other lawyers and companies such as Nevada-based Cheech and Chong Global Holdings filed a legal complaint.

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

North Bay hemp purveyors like Sunmed CBD, with retail locations in Petaluma, Lafayette and Concord, agreed.

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

“The petitioners have not demonstrated that these regulations will cause widespread and catastrophic destruction of the hemp industry,” Goorvitch wrote in a 12-page op-ed. command denying the request for a temporary restraining order. “As an initial matter, the court finds that at least half of the (US Hemp Roundtable) members operate outside of California.”

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

What remains in question nationally is what happens next to producers who ship their items across state lines in the wake of the 2018 Farm Bill. The Farm Bill, which has been stalled in the US Congress, legalized hemp consisting of less than 0.3% THC on a dry weight basis nationally.

Industry stakeholders insist they are not opposed to some form of regulation. The panel approved a bill introduced by U.S. Sen. Ron Wyden, D-Ore., aimed at preventing people under the age of 21 from buying psychoactive products containing hemp derivatives.

California’s licensed and regulated cannabis industry allows edibles limited to 10 milligrams of THC per serving and 100 milligrams of THC per package.

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