Cheech Marin and Tommy Chong, best known for their comedy duo Cheech & Chong, have filed a lawsuit against the California Department of Public Health over newly enacted regulation prohibiting hemp products with any detectable THC.
The lawsuit was submitted by representatives of Cheech & Chong’s Cannabis Co., alongside the U.S. Hemp Roundtable, on Tuesday, Sept. 24, a day after Gov. Gavin Newsom’s emergency ban on hemp-derived THC products went into effect.
It seeks to overturn Assembly Bill No. 45, which outlaws any detectable amount of the psychoactive compound THC or other intoxicating substances, including delta-8 THC found in consumable cannabis and hemp products — such as dietary supplements, food, beverages and pet food.
Newsom emphasized that the regulation is intended to curb the psychoactive effects of hemp products, particularly to protect children from their dangers.
“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,” Newsom said at a press conference on Sept. 6, noting the products are often sold in convenience stores near schools. “We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products.”
Lawyers for Cheech and Chong — whose 1970s stoner movies are now considered cult classics — contend that the emergency regulations overreach the intentions of AB 45.
Introduced by the state’s health department earlier this month, the rules would also restrict hemp product purchases to those aged 21 and older.
“Significantly, at the core of the Department’s emergency regulations is a provision that goes far beyond the limits contemplated in AB 45 to ban all hemp products unless they contain ‘detectable levels of THC,’” the lawsuit states. “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.”
Plaintiffs in the lawsuit include Cheech and Chong’s Global Holdings, Juicetiva, Blaze Life, Boldt Runners, Lucky to be Beverage and Sunflora. Other companies have also voiced opposition to the regulation.
AB 45 was established in 2021 to create a regulatory framework for the hemp industry. Newsom argued, however, that the existing regulations did not adequately prevent minors from accessing intoxicating hemp products.
“In the industry, there’s full responsibility for not policing itself for the proliferation of these intoxicating products that are hurting our children,” Newsom said at the press conference, where he displayed hemp products marketed to children, including gummies and beverages.
The lawsuit claims the governor acted beyond the boundaries of California law to issue the ban, causing potential “losses in the millions of dollars” for cannabis companies.
The ban is effective until March 2025 and is described by Newsom as an “interim” measure while lawmakers develop new regulatory legislation.
Cheech and Chong plan to file a separate petition for a temporary restraining order to block the THC ban while the state refines its procedures within AB 45.
H/T: www.sfchronicle.com
