Actors Cheech Marin and Tommy Chong, a comedy duo who also run a cannabis company, sued a California public health agency over new rules that would ban certain hemp products.
“This draconian regulation alone will essentially devastate an emerging industry that consists largely of small business owners. It’s akin to requiring candy to stop containing sugar,” the lawsuit against the California Department of Public Health states.
The lawsuit, filed this week in Los Angeles County Superior Court, highlights the battle between cannabis businesses and California regulators that are attempting to regulate the hemp industry amid concerns that certain products could harm the health of young people.
The U.S. Hemp Roundtable and other hemp businesses such as JuiceTiva, Blaze Life and Boldt Runners are also suing the state to challenge the new regulations. The businesses allege that they will lose millions of dollars, forcing some companies to shut down, if the rules are enforced.
Earlier this month, Gov. Gavin Newsom announced emergency regulations that aimed to protect young people from dangerous hemp products.
The regulations, which took effect this week, ban the sale of hemp food, beverage and dietary products containing detectable amounts of THC, a compound found in the cannabis plant that affects how the brain works. The new rules also state that people must be at least 21 years old to purchase hemp products and limit the number of servings of hemp products to five per package.
Cheech and Chong’s cannabis company manufactures, distributes and sells hemp-derived THC beverage products in California and other states.
The California Department of Public Health declined to comment. Earlier this year, the agency outlined several safety concerns the state had about the sale of certain hemp products to young people.
“Studies show that use of these products can negatively impact cognitive functions, memory, and decision-making abilities in developing brains,” the California Department of Public Health said in its findings.
The emergency regulations stem from legislation, Assembly Bill 45, that lawmakers passed in 2021 to legalize and regulate hemp cannabinoids that people take for relief from pain, anxiety, insomnia and other issues.
The cannabis companies suing over the emergency regulations allege in the lawsuit that the agency violated state and federal laws, including those that legalized the production of hemp and govern the rulemaking process.
The new rules go beyond what was in the legislation, the lawsuit said, and also illegally impose restrictions including on the serving sizes of hemp products that’s currently not in the state’s health and safety code in a way that goes around the normal rulemaking process.
The businesses are asking for a court order to prevent the state from enforcing the emergency regulations.
