California Judge Denies Hemp Industry Request to Stop Implementation of Emergency Hemp Regulations

by Omar Figueroa and Lauren Mendelsohn

October 14, 2024

 

 

 

We recently wrote about the California emergency hemp regulations which took effect on September 23, 2024 and ban hemp products with any detectable amount of THC.  As we noted, litigation ensued.

Reportedly, on Tuesday, September 24, 2024, the U.S. Hemp Roundtable and other plaintiffs filed a lawsuit against the CDPH in the Los Angeles County Superior Court. The petition and complaint can be read below and downloaded here.

Complaint-Hemp-Emergency-Regulations-4863-2714-0329.1

 

Subsequently, the group of hemp industry plaintiffs filed a request for a Temporary Restraining Order which would have stopped implementation of the emergency hemp regulations until the matter was fully decided by the court. The court authorized the parties to file oversized briefs and there was exhaustive briefing of the issues.

On Friday, October 11, 2024, a Los Angeles Superior Court judge denied the request for a Temporary Restraining Order. The judge’s decision can be read below and also accessed here.

Emergency Hemp Regs Order Denying TRO

 

This means that the emergency hemp regulations remain in place and will continue to be implemented across the state by state and municipal regulators.

Governor Gavin Newsom’s Office issued a Press Release with a statement from Governor Newsom praising the decision:

“We will not sit on our hands while bad actors in the hemp industry target our children with dangerous and intoxicating hemp products containing THC at our retail stores. Industry concerns about the regulations are more about protecting their profit than the public. We are pleased the court saw through their bogus arguments and put the safety of Californians first in its decision.”

The approved emergency regulations are below and can also be accessed here.

Industrial Hemp- Emergency Regulations-Regulations-Text

 

According to CDPH, “The emergency regulations are currently in effect, as of Monday, September 23, 2024.”  See, Frequently Asked Questions, Emergency Regulations for Serving Size, Age, and Intoxicating Cannabinoids for Industrial Hemp.

 

This is a developing story; stay tuned for updates.