California has enacted an emergency ban on hemp products containing any detectable THC, including delta-8 THC and other intoxicating compounds.
Effective immediately, this temporary measure aims to close loopholes that previously allowed unregulated intoxicating hemp products to be sold, with potential risks to public health and workplace safety.
The new regulations for hemp-derived food, beverage, and dietary products:
- Ban any detectable amount of THC or other intoxicating cannabinoids per serving.
- Ban sales to people under 21.
- Limit servings to five per package.
Governor Gavin Newsom emphasized that stronger oversight is crucial to protect young people and prevent unregulated THC products from reaching consumers.
How ban affects the workplace
For employers, this regulation carries significant implications. Intoxicating hemp products, previously accessible in unregulated environments, can pose serious workplace safety concerns.
Employees who unknowingly consume THC products marketed as “non-intoxicating” may experience impaired judgment, reduced motor skills, and slower reaction times—especially critical in high-risk industries like transportation, construction, and manufacturing.
By banning products with any THC content, California seeks to minimize risks associated with on-the-job impairment, promoting safer work environments.
For workplaces, particularly those with safety-sensitive positions, the ban underscores the importance of clear policies around substance use, employee education on THC-related products, and consistent drug testing protocols.
These actions are necessary to support the state’s goal of enhanced public safety and to ensure compliance with federal regulations that still prohibit THC use in many work environments.
The emergency ban is set to expire in March 2025, giving lawmakers time to develop permanent regulations for the sale of hemp-derived THC products in regulated environments.
Until then, California employers should take proactive steps to educate employees and refine policies, reinforcing the importance of workplace safety considering the new regulation.
Get help with customized workplace health policy development
Workplace health and drug testing policies can be complicated to implement and change across your company.
For example, your drug testing policy should consider:
- Purpose of the Policy
- Specimen Types
- Testing Procedures
- Prescription Drug Disclosure
- Federal Regulations (DOT)
- State Drug Testing Laws and Marijuana Laws
- Workers’ Compensation
- ADA
- Prohibited Conduct
- Consequences
Our Compliance Division can develop a custom workplace safety plan for your company that combines services like physicals, drug testing, audiograms, respiratory fit testing, and more.
For more information, contact us at 800.551.9816 or info@cnsoccmed.com.
