Sacramento County will penalize businesses that manufacture or sell a category of unregulated cannabinoids commonly sold at smoke shops, gas stations and convenience stores.
The Sacramento County Board of Supervisors this week approved an ordinance prohibiting sales of chemically or synthetically altered industrial hemp products which contain more than 0.3% THC.
The products, which often come in the form of gummies or beverages, have been a source of concern for public health officials across the country. When hemp was removed from the classification of controlled substances in 2018, according to county research, state and federal legislation left loopholes that allowed businesses to sell chemically or synthetically altered consumable hemp products outside of dispensaries.
Gov. Gavin Newsom’s administration pushed for regulations earlier this year, and a state-level ban took effect in late September.
District 3 Supervisor Rich Desmond said the issue was brought to his attention by advocates pushing to keep tobacco and cannabis products out of the hands of children. After that, he said he started noticing advertisements throughout his district of products “blatantly marketed to children,” with bright packaging and fruity flavors.
Legal cannabis products are tightly regulated: They must be tested, properly labeled and there are restrictions around marketing, to avoid labeling and advertisements that would appeal to children. The hemp-derived products targeted by the county ordinance, Desmond said, lacked all of those requirements.
“It’s been kind of the Wild, Wild West with these things,” he said.
After the state order, Desmond said he considered whether a local ordinance was still necessary. Ultimately he believed it was, because it wasn’t yet clear how the state-level ban would be enforced.
The county ordinance includes penalties of $2,500 for first-time violations, $5,000 for additional violations within one year of the first, and $10,000 for each additional offense within one year of the first violation. The county may also choose to suspend or revoke businesses’ licenses.
During a board of supervisors meeting in early October, County Finance Director Chad Rinde said county staffers had observed the products available for sale during business inspections. In a four-month period this year, the Sacramento Division of Poison Control System received eight reports of people suffering adverse reactions from these products.
Few jurisdictions have cracked down on these products, Rinde said, and Sacramento County’s experience will likely serve to inform others.
“We’re a bit of a leader in this area,” Rinde said.
The ordinance will take effect Nov. 21.
This story was originally published October 24, 2024, 7:00 AM.
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Annika Merrilees is a business reporter for The Sacramento Bee. She previously spent five years covering business and health care for the St. Louis Post-Dispatch.