After months of work, California lawmakers ultimately killed a bill on Thursday that would have enacted strict new rules for intoxicating hemp goods in the state. The measure was tabled indefinitely by the state Senate Appropriations Committee.
The bill, AB 2223, had divided much of the state-legal cannabis industry, with some – including the California Cannabis Industry Association – supporting the measure as a necessary check to rein in the hemp market, which to date has had nowhere near the level of red tape and oversight that legal marijuana companies labor under.
“Today’s decision was a terrible misstep,” CCIA said in a statement Thursday after the measure’s fate became clear. “Senate leadership has killed a bill that would protect consumers, particularly our youth, and secure the future of the cannabis industry. … The state is playing a dangerous game with public health, while losing the viability of the entire legal cannabis framework in California.”
Last week, however, two other cannabis trade organizations – Origins Council and Supernova Women – held a press conference to decry a proposed amendment to the bill which would have put intoxicating hemp goods under the jurisdiction of state marijuana regulators, the Department of Cannabis Control.
The groups said if the bill was amended as proposed – reportedly with the support of Gov. Gavin Newsom – that it would pose yet another “existential threat” to hundreds of small cannabis companies that are already teetering on the edge of collapse.
Genine Coleman, the executive director of the Origins Council, said her group supported parts of AB 2223, particularly a provision that would create new enforcement powers to crack down on intoxicating hemp goods being sold outside of state-licensed cannabis dispensaries.
Coleman said she was “disappointed to see the whole proposal die,” but added that her farmer constituency had “significant concerns” about parts of the bill that would have “integrated” hemp production and cannabinoids with those of state-legal marijuana.
“Tying those two pieces together resulted in the outcome” of the bill dying, Coleman said.
Amy Jenkins, a lobbyist for CCIA, said the bottom line now is that hemp companies will have a “status quo” with which to continue operating freely across California until lawmakers take the issue back up next year. That, she said, poses a competitive threat to all state-licensed marijuana companies.
“The entire cannabis industry is having to address and compete with these products, and you see it in the decline of our tax revenue,” Jenkins said. “We were really focused on trying to bring these products into the regulated supply chain, as opposed to having them sold anywhere and everywhere throughout the state.”
Jenkins said the ongoing clash between hemp business interests and marijuana business interests – not just in California, but nationwide – has morphed in recent years into “the single biggest issue” facing the cannabis industry as a whole.
“This industry, because of intoxicating hemp, is suffering. There are more and more companies that are leaving the legal market and going into the hemp space,” Jenkins said.
Coleman agreed that intoxicating hemp goods pose a competitive threat to licensed marijuana companies, but she said tying the enforcement aspect to the more complicated scientific regulations of cannabinoid integration in the supply chain was a bridge too far. Especially, she said, since there are only a few weeks left before the legislature adjourns at the end of August.
“Every group that we engaged had slightly different concerns and slightly different asks,” Coleman said. That made it too tough of a political lift to get the bill through this year.