In the United States, the legality of hemp is an ever-evolving issue, with conflicting laws between state and federal regulations.
California is taking the lead in addressing these regulatory issues by suing a number of hemp brands, claiming state law violations. The lawsuit is a reminder of the growing call for consistent regulations regarding hemp products and highlights the continued complications of legalizing a plant that was once classified as illegitimate. In this blog post, we will delve deep into the background of this lawsuit and what it means for the future of the hemp industry.
The lawsuit focuses on Proposition 65 rules that are unique to California, requiring companies to include a clear warning label on products “known to the State to cause cancer or reproductive toxicity.” While the 2018 Farm Bill could legalize hemp with less than 0.3% THC at the federal level, California considers any amount of delta-9 THC “known to cause harm to the developing fetus,” making it subject to Prop 65 rules. The state alleges that multiple hemp brands have violated these rules, resulting in the lawsuit.
The companies targeted by the litigation include several popular hemp brands across the United States, including Vermont-based Berkshire Farm Collective, Wyoming-based IHF Online LLC, Massachusetts-based Berkshire CBD, Nevada-based Hempacco Company, Oregon-based G.E.T. Agriculture LTD, and California-based Cheef Holdings. New-Mexico-based EMH Wholesale and Eagle Moon Farm, LLC also face charges.
The lawsuit cites illegal sales of inhalable hemp products and the failure of the defendants to warn consumers about the highly toxic chemicals present in all commercial hemp products. The state is seeking remedies for these actions, as well as better protection for consumers from harmful chemicals. The lawsuit has many in the industry concerned about how it will impact the future of hemp production in California and beyond.
California has long been at the forefront of regulatory issues regarding hemp due to its size and the diversity of industries present within the state. The lawsuit against multiple U.S. hemp companies is a stark reminder that more needs to be done to clarify regulations in the industry. While the lawsuit is focused on Prop 65 rules, it’s also a wake-up call to standardize hemp regulations across the country. Without consistent laws, the industry will struggle to grow and could be hindered by conflicting regulations.
As the hemp industry continues to grow, regulations must be defined to protect consumers, farmers, and businesses.
The lawsuit brought by California highlights the ongoing regulatory challenges the industry faces, especially with differences between federal and state laws. The industry needs unified regulations to thrive and grow, and lawsuits like this one can help provide clarity on the issues at hand. Hopefully, this will be the start of a conversation about how to create consistent regulations that work for everyone. As we move forward, it’s vital to recognize the challenges present in hemp regulation and ensure that all parties involved are protected and empowered as the industry continues to mature.
