U.S. Hemp Roundtable’s General Counsel, Jonathan Miller, Submits Open Letter to California Governor Newsom on Emergency Hemp Regulations

Governor Newsom:
 
The U.S. hemp industry agrees with you:  Hemp products in California must be robustly regulated and kept out of the hands of minors.
 
But your proposed regulations are the wrong approach.  And frankly, we believe that you are being misled.
 
You were misled to announce sweeping emergency regulations last Friday because you don’t have the legal authority to issue them.  California law is crystal clear: The measures you proposed must go through the regular 45-day notice and comment framework of the standard regulatory process.  If you ultimately choose to formally issue these regulations on an emergency basis, we will challenge their legality, and we will win.  Please don’t waste scarce taxpayer resources fighting a battle that is unwinnable. 
 
You were also misled to suggest that a retail ban on hemp products with any detectable THC was sound policy.  There’s detectable THC in nearly every hemp product, including the large majority that are non-intoxicating.  Prohibition never works, and it’s especially not effective in protecting children. You know quite personally that intoxicating products can be limited to adults — with enforcement of retail ID checks and new online software that provides meaningful age-gating.  Most of the products you featured at your press conference are available at Total Wine, which doesn’t even allow kids in their stores.  Just a few aisles down from the hemp section, you can find plenty of bottles of your Plumpjack Wine. The alcohol regulatory model isn’t perfect, but it works well in shielding minors from intoxicants.
 
And while we understand that the California marijuana industry is struggling, you’ve been misled to presume that killing hemp is the answer to marijuana’s crisis.  There are plenty of other factors and other solutions.  Further, hemp and marijuana can co-exist, with the tides lifting all boats.  Just look at what your fellow Democratic Governor, Andy Beshear, has accomplished in Kentucky.  With capable staff and the support of a Republican legislature, Kentucky features effective rules that robustly regulate hemp, not ban it.  At the same time, Kentucky’s medical program has been launched with extraordinary excitement and participation.
 
The answer is quite simple.  We kindly request that you withdraw your proposal.  Please order the California Department of Public Health to finally start enforcing the mandates of AB 45 to promote good manufacturing practices and crack down on bad actors in the space.  And work with industry to develop a legislative proposal that imposes meaningful safeguards against selling and marketing hemp products to children.
 
Throughout the legislative travels of AB 2223 this year, we reached out our hands repeatedly to your Administration to develop a new robust regulatory framework. We’d much rather work with you rather than pursue you in court.
 
This is an existential moment for our industry.  But instead of sounding the death knell for hemp farmers and small businesses in the Golden State, we can work together to provide for the safe provision of healthy products to adults only, while continuing to generate millions of tax dollars that can be directed to move California forward.

Sincerely,

Jonathan Miller
General Counsel
U.S. Hemp Roundtable

For media inquiries, please contact:
Kerry Hinkle
Director of Membership and Public Affairs
[email protected] 

About U.S. Hemp Roundtable
The U.S. Hemp Roundtable is the industry’s national advocacy organization, dedicated to promoting policies that support the full potential of the hemp plant. The Roundtable works with lawmakers and regulators to advance the interests of hemp farmers, processors, manufacturers, and consumers. With a focus on safety, sustainability, and innovation, the Roundtable is committed to ensuring the future success of the hemp industry. More at hempsupporter.com 

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