Americans for Safe Access (ASA) fully supports the regulation of cannabinoid products as part of our mission to ensure safe access for patients, and we want you to be successful in your efforts to do so in California. We have consistently called for federal oversight of these products and supported the spirit of AB 2223 but requested a minor yet crucial amendment to address a major issue affecting some of California’s most vulnerable residents.
Unfortunately, our efforts to alter the legislation to protect these patients failed, and so did AB 2223.
Please Don’t Make Patient Interests a Tool for Special Interest
As someone deeply involved in medical cannabis policy for 25 years—first as a patient in California and then as the Founder of ASA in 2002—I am well aware of how patient interests can be weaponized to advance broader agendas and justify business and government cannabis policy interests. In the case of AB 2223, it was policymakers ignoring patients that made them a powerful asset to those wanting to defeat AB 2223.
Many Californians rely on naturally occurring, full-spectrum CBD products to treat severe conditions like epilepsy, autism, dementia, cancer, and chronic pain. This population includes children with Dravet syndrome, a severe form of epilepsy, who have no other treatment options. A disruption in their supply can be catastrophic to their health.
The term “full-spectrum” refers to products containing a combination of naturally occurring cannabinoids and terpenes. Full-spectrum CBD products have scientifically proven efficacy levels that are not achieved by products containing only CBD. AB 2223 would have eliminated access to these often life-saving products, not because they can only be produced from hemp but because the heavily taxed California-regulated cannabis market is not producing these products for patients anymore.
A Carve-Out, Not a Loophole
To address these needs, we proposed a carve-out that explicitly applied to tinctures, a fluid ingestion product: “except for full-spectrum hemp cannabinoid oil-based tinctures at a ratio of 15:1 CBD to THC, not to exceed 60 ml in a 2.03 fluid ounce container.”
These products do not appeal to those seeking intoxication and can’t be confused with candy. Their presence alongside the state’s cannabis program will not bankrupt California.
Regulating hemp products alone doesn’t address the conditions that drove demand for unregulated products. In addition to emergency regulations, you should consider calling on the legislature to address the exorbitant taxes on the cannabis supply chain and the lack of incentives for medical cannabis products to be produced in California. This environment pushed full-spectrum product manufacturers out of California and continues to jeopardize the long-term success of California’s cannabis programs.
Back in Clouded Waters
Consumers wanting to buy cannabinoid beverages at gas stations didn’t defeat AB 2223—it was the needs of patients, their parents, and medical professionals that you are also neglecting that did. ASA supports your efforts to regulate this market, but as written, your emergency regulations will be back in the same clouded waters as the legislature debates the matter to provide the funding needed to implement your efforts.
Governor, our paths have crossed many times during California’s cannabis policy evolution. I’ve always found you thoughtful and compassionate in your approach. Patients need you to protect their medicine through a carve-out to your emergency regulations. Doing so will allow the legislature to focus on your regulatory goals without the distraction of companies hiding behind patients to avoid regulations.
Otherwise, you risk leaving all Californians in unregulated bathwater.
Steph Sherer
President, Americans for Safe Access
Background
The Governor of California has proposed Emergency Regulations through the Department of Public Health designed to eliminate the ability of minors to access intoxicating THC products, such as beverages and gummies manufactured and sold outside California’s Cannabis Regulations, without age restrictions, in places like grocery stores and gas stations.
While this effort is well-intentioned, the regulations propose zero detectable levels of THC and other cannabinoid intoxicants. This would essentially eliminate full-spectrum CBD products needed by many Californians, including children, to treat a variety of severe conditions like epilepsy, Dravet syndrome, autism, and chronic pain. These products are not available in scalable quantities in the regulated California market.
Public health concerns will still be addressed if emergency regulations are amended to protect patients. The carve-out patients are seeking applies to tinctures, a fluid ingestion product: “full-spectrum hemp cannabinoid oil-based tinctures at a ratio of 15:1 CBD to THC, not to exceed 60 ml in a 2.03 fluid ounce container.”
WHAT’S NEXT:
Once the emergency regulations are posted on the Office of Administrative Law (the OAL) Website (likely 9/13/24), there are only five days to submit public comment. ASA will issue an action alert and information about how to submit public comments as soon as they are posted. Sign up here to get alerts from ASA.
STAND BY!
Link to the Proposed Emergency Regulations: https://www.cdph.ca.gov/Programs/OLS/CDPH%20Document%20Library/IH-ER-Regulations-Text.pdf
Link to the Department of Public Health’s “Finding of Emergency Notice” and other relevant documents: https://www.cdph.ca.gov/Programs/OLS/Pages/DPH-24-005E-Emergency-Regulations-for-Industrial-Hemp.aspx
Link to Governor Newsom’s Press Conference Announcing the Emergency Regulations: https://www.youtube.com/watch?v=Tjvp3QqmV3E
Link to the OAL Webpage where the regulations will be posted, signaling the beginning of the five days for public comment: https://oal.ca.gov/emergency_regulations/Emergency_Regulations_Under_Review/
The Governor should also call on the legislature to fix the root causes of the demand for unregulated products, including the insane tax structure and lack of incentives for companies that want to serve patients
