CA Hemp Product Ban Challenged, NJ AG Sues Healthcare Provider over Drug Testing Pregnant Women, More... (9/26/24)

Another bill aimed at combatting the fentanyl trade advances in the House, the Florida marijuana legalization initiative campaign is getting very spendy, and more.

Poppy seed bagels play a role in a New Jersey lawsuit against a healthcare provider that drug tested pregnant women without their consent. (Pixabay)

Marijuana Policy

Hemp Companies Sue California over Hemp Product Ban. An emergency ban on intoxicating hemp products that won official approval on Monday was met with a lawsuit from hemp industry players on Tuesday. The lawsuit claims that Gov. Gavin Newsom's (D) emergency declaration was faulty and blames state officials for failing to effectively implement regulatory legislation for hemp passed in 2021.

The emergency ban prohibits the sale of hemp products with "any detectable amount of THC," limits hemp products that do not contain THC to five servings per package, and limits the sales of those products to people 21 and over.

The trade industry group the US Hemp Roundtable and a handful of hemp businesses, including Cheech and Chong's Cannabis Company filed the lawsuit. It charges that regulators' "inaction over the last three years hardly serves as a sufficient basis for declaring a sudden emergency and circumventing the meticulous procedures of regular rulemaking."

Plaintiffs argued that a "draconian" regulation to ban any hemp product with detectable THC "goes far beyond the limits" of state law and "will essentially devastate an emerging industry that consists largely of small business owners. It's akin to requiring candy to stop containing sugar… starting tomorrow.

"Whatever the merits of the general issues addressed by these emergency regulations, the Department has acted entirely outside the boundaries of California’s applicable law to adopt and issue them," the suit says. "Plaintiffs and their members will suffer losses in the millions of dollars over existing products, pending manufacturing, and future sales of hemp and hemp products that legally contained THC, as per existing California and federal law, but have now been banned overnight by the emergency regulations."

The ban "will eliminate nearly every ingestible hemp product currently for sale in California, including the vast majority of non-intoxicating products, and even though some products subject to the emergency regulations are not sold in California," the complaint continued. "Many small businesses will have to close operations immediately with millions in losses."

But Gov. Newsom pointed a finger right back at the industry. Standing before a display of hemp products containing THC that were being sold in gas stations, convenience stores, and other outlets, he defended the emergency ban.

"It's a disgrace and it's a shame and the industry bears full responsibility for not policing itself, for the proliferation of these intoxicating products that are hurting our children."

On this issue, Newsom has the support of the California Department of Public Health (CDPH) and marijuana regulators at the Department of Cannabis Control (DCC). They're also backed by the California Cannabis Industry Association, which represents mostly marijuana businesses, and by an alcohol trade group.

Florida Marijuana Legalization Backers Have Pumped More Than $100 Million into the Amendment 3 Campaign. The campaign to legalize marijuana via the Amendment 3 ballot initiative has seen corporate backers with dollar signs in their eyes pump more than $100 million into the effort. One of the nation's largest marijuana multistate operators, Trulieve, has kicked in $93 million, while another, Curaleaf Holdings, has accounted for most of the rest.

Trulieve, which operates 155 of the 627 licensed medical marijuana dispensaries in the state, stands to benefit financially from the initiative, which gives existing dispensary operators a head start on recreational marijuana sales.

Under the initiative, which needs 60 percent of the vote to be approved, existing dispensaries would be allowed to sell recreational marijuana beginning in May 2025, while new potential competitors in the adult-use market would have to wait for licensing to happen before they could enter the marketplace.

The business-friendly initiative would legalize the possession of up to three ounces but would not allow for home cultivation. It also does not contain any social equity provisions.

Drug Policy

Federal Bill to Combat Fentanyl Traffic Wins House Committee Vote. The House Homeland Security Committee has unanimously approved a bill aimed at the cross-border traffic in fentanyl, the Contraband Awareness Technology Catches Harmful (CATCH) Fentanyl Act (HR 9722).

The bill would create a pilot program using next-generation technology at border checkpoints aimed at stopping drug trafficking and making commercial trade more efficient. It would allow the Department of Homeland Security (DHS) and the US Customs and Border Protection (CBP) to use Non-Intrusive Inspection (NII) technology to screen and detect drugs, currency, illegal contraband, and people being smuggled into the country.

The bill was sponsored by Rep. Clay Higgins (R-LA), most recently in the news for a now-deleted post on X invoking racist tropes against Haitian immigrants. In between hyper-partisan attacks on the Biden administration, Higgins stated, "This common-sense legislation gives CBP the technology necessary to streamline legitimate commercial transit while enhancing narcotics detection."

Drug Testing

New Jersey Sues Health Care Chain for Drug Testing Pregnant Women Without Their Consent. The state Attorney General's Office and the Division of Civil Rights have filed a lawsuit against a South Jersey healthcare operator that charges that its drug testing policy unfairly targets pregnant women.

"In parts of our country, the rights of pregnant individuals are being eroded. This action illustrates our commitment to ensuring that doesn't happen in New Jersey," said Attorney General Platkin in a press release. "Whether it means preserving the right to reproductive freedom or ensuring that a pregnant person doesn't undergo tests or procedures without their knowledge and consent, we will defend our residents' rights."

The complaint says that two pregnant women faced months-long child abuse investigations after Virtua Health subjected them to urine tests without their consent and the tests incorrectly indicated recent drug use.

Both patients had assumed they were being tested for protein levels to rule out a pregnancy complication called preeclampsia. They were not told they were being tested for drug use, and both had eaten foods containing poppy seeds before being tested. Poppy seeds can set off false positive test results for opioids.

The lawsuit accuses Virtua Health of regularly failing to get informed consent for drug testing, which exposes pregnant patients to "significant harm."

Virtua said it would not comment on pending legal matters but that it remains "steadfast in continuing to create safe" maternity experiences.