Hemp advocates may sue Newsom over proposed emergency industry regulations
SACRAMENTO — California Gov. Gavin Newsom's administration might be hit with a lawsuit from hemp industry advocates after they say new emergency regulations proposed by the governor earlier this month will hurt some of the most vulnerable people in the state: those with disabilities.
One Hemp, a coalition of companies advocating for legislation and FDA regulation of hemp-derived CBD products, says a lawsuit might be the only path forward if Newsom's proposed rules take effect and consequently limit people's access to CBD wellness products.
"It's been life changing for us," mother Jana Adams said.
Adams' daughter Brooke first started having violent epileptic seizures at just 3 months old. Not one medication helped until they tried CBD.
"We finally found the right products that will work for her and the right dosage. With the CBD she is on, she has gone 3 and a half months with no seizures. That is incredible," Adams said.
The Northern California family says Newsom's new proposed regulations are well intended but could have devastating consequences if they cut off or limit access to CBD products for families who need them most.
"That's really put us in a bad place. This is not just for kids with medical needs. It's also for veterans. There's five million people in California that take CBD," Adams said. "Under the new regulations, if the concentration is lower, she is going to have to take three times as much. I already purchase $1,000 a month because this type of product is not covered by insurance or anything else. It's going to increase the cost as well because we are going to have to purchase more."
Newsom, in a September 6 press conference in Sacramento, first announced that he wanted to crack down on THC-infused products like Delta 8 that are intoxicating and often marketed to kids.
"We will not sit on our hands as drug peddlers target our children with dangerous and unregulated hemp products containing THC at our retail stores. We're taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products," Newsom said.
Newsom announced the regulations after a similar measure targeting hemp regulations, AB 2223, recently failed to pass in the state Senate.
"You see so many of these products specifically in and around in grocery stores near high schools, near middle schools, near elementary schools," Newsom said.
CBD advocates say they support regulations but call these too broad. They say you cannot punish the entire industry that relies on hemp products because of some bad actors.
"We are the collateral damage of these state policies that are wiping out the whole category instead of just wiping out Delta 8 if that's their issue," said Paige Fiji, director of the Coalition for Access Now.
Fiji says Newsom's proposed regulations go too far and would hurt people like Brooke who rely on CBD products that are used only for medicine, not recreation to get a high.
"There's no solution. There is no place for this to be purchased under these rules as written," Fiji said. "Work we've done in other states, there is a track record. You can remove Delta 8 from your state and preserve the CBD wellness products, the non-intoxicating products. There's a simple way. We did it in Colorado, Virginia."
CBD advocates like Fiji and One Hemp believe a lawsuit is the only path forward if Newsom's regulations become law, claiming he is out of line.
"I think this is outside the authority of the governor," Fiji said.
CBS13 asked the governor's office to respond to that allegation. At first, they provided no comment, referring CBS13 to the California Department of Public Health.
When pushed to respond specifically on the claim that Newsom overstepped his authority, a spokesperson with Newsom's office responded, "We don't typically comment on blatantly false claims."
Public comment on these emergency regulations ends on Wednesday, September 18.
"We have completely changed the dialogue around CBD and this is sending us back into the stone ages," Fiji said.
Gov. Newsom indicated these regulations will take effect immediately if they are approved by the Office of Administrative Law.