Nearly all licensed businesses in California are complying with emergency state regulations aimed at removing intoxicating hemp products from the market, Gov. Gavin Newsom announced Thursday.
The rules, first introduced by Newsom in September 2024, are part of an ongoing crackdown on hemp-derived products containing THC and other psychoactive cannabinoids. The governor cited an urgent need to protect children from access to intoxicating substances, particularly those sold at gas stations, liquor outlets and smoke shops.
According to the state Department of Alcoholic Beverage Control (ABC), 99.7% of licensed establishments inspected in 2025 were found in compliance. ABC agents have visited 11,445 locations and seized 7,151 illegal products from 148 businesses since enforcement began.
“Our licensees have overwhelmingly complied with the regulation,” said ABC Chief Deputy Director Frank Robles. “On the few occasions when ABC agents found items during inspections, they’ve ensured these harmful products are removed from shelves.”
Restrictions and reach
The emergency rules prohibit the sale of food, beverages and dietary supplements made with industrial hemp if they contain THC or similar intoxicating compounds. They also apply to certain medicinal CBD products, despite CBD itself being nonintoxicating.
Under the current regulations, consumers must be 21 or older to purchase hemp products or other cannabinoids intended for human consumption. Products are also limited to a maximum serving size of five.
Newsom said the previous lax framework allowed intoxicating hemp products to proliferate with minimal oversight. “We are doing our part to ensure intoxicating hemp products are out of the reach of vulnerable groups like children,” he said in a statement. “We must always put the safety of Californians first.”
Extension through September
The emergency regulations were initially set to expire on March 25, 2025, but were extended by the state’s Public Health Department. They are now expected to remain in effect until Sept. 25, as lawmakers continue to work toward permanent legislative solutions.
The extension follows the failure of California legislators to pass a comprehensive regulatory framework addressing the growing availability of intoxicating hemp-based products. In the absence of new laws, the Newsom administration has relied on emergency rulemaking authority to implement restrictions.
Industry pushback
While the marijuana industry has largely supported the crackdown as a public health measure, the hemp industry has raised alarms about unintended consequences. Critics told SFGate that the administration has “abused” the emergency rulemaking process and that the ban threatens legitimate businesses producing nonintoxicating CBD products used by medical patients.
The rise of hemp-derived intoxicants—often marketed as legal alternatives to marijuana—has led to mounting confusion among consumers and regulators. Critics argue that the crackdown, while aimed at high-THC hemp, is also undermining the broader CBD market, blurring the regulatory distinction between hemp and marijuana and eroding public trust.
Cali is cannabis pioneer
California was the first state to legalize medicinal cannabis with the Compassionate Use Act of 1996, followed by voter approval of recreational cannabis in 2016. The state’s regulatory framework requires cannabis businesses to operate safely, label and test products for contaminants, and restrict access to minors.
However, hemp manufacturers have exploited a legal loophole in the 2018 Farm Bill that legalized hemp and its downstream products. Wording in the landmark measure has been interpreted to allow production and sales of hemp-derived products containing high levels of delta-8 THC and other synthetic compounds—often without the safeguards required for cannabis. These intoxicating hemp products have appeared in both large and small retail outlets and are frequently targeted at children, and marketed for their psychoactive effects.
The current emergency regulations in California prohibit the sale of such products and are enforced by multiple agencies, including the Department of Alcoholic Beverage Control, the Department of Public Health, the Department of Cannabis Control, the California Department of Tax and Fee Administration, and state and local law enforcement.