A California judge has denied a temporary restraining order (TRO) filed by national hemp advocates and businesses, including Cheech and Chong's Global Holdings, aimed at blocking the state's controversial ban on hemp products with detectable levels of THC.
The TRO, which was requested as part of a lawsuit filed last month by the U.S. Hemp Roundtable and several hemp companies, sought to halt the enforcement of the new regulations until the case could be fully heard.
However, the judge sided with the state and Gov. Gavin Newsom, allowing the ban to remain in place.
The emergency regulations, which went into effect on September 23, prohibit the sale of consumable hemp products with any detectable delta-9 THC or intoxicating cannabinoids like delta-8 THC in California.
These regulations also limit hemp products to five servings per package and restrict sales to individuals aged 21 and over.
Hemp advocates argue that this will severely impact the industry, especially businesses producing non-intoxicating hemp products that provide therapeutic benefits to consumers.
The ruling prompted strong reactions.
“Today, a judge sided against common sense and in favor of Gov. Newsom. The judge's ruling to deny a temporary restraining order against Newsom's hemp products ban announces that Californians will lose access to USDA-certified organic hemp products in retail stores across the state,” Jim Higdon, CCO and co-founder of Cornbread Hemp and a member of the U.S. Hemp Roundtable, told Benzinga Cannabis in an email.
“At a time when the California cannabis dispensary system is undergoing a credibility crisis due to pesticide contamination, the governor has made it much more difficult for Californians to access the only cannabis products that consumers can be certain are free of pesticides – USDA-certified organic hemp products with third-party lab tests,” Higdon said.
The legal battle is set to continue, as the case moves forward, with the hemp industry determined to challenge the ban's legality in court.
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