The Sacramento County Board of Supervisors on unanimously adopted an ordinance Tuesday that will soon prohibit sales of certain products containing intoxicating cannabinoids derived from hemp.
The ordinance applies to businesses in the unincorporated County and will become effective on Nov. 21.
Hemp, unlike marijuana, is not a federally controlled substance after it was reclassified by Congress as such back in 2018. A statewide ban on the sale of hemp food, beverage and dietary products with levels of THC went into effect two weeks ago. By adopting a a local ordinance in Sacramento County, inspectors will be permitted to issue penalties and suspend or revoke the business licenses of stores selling the intoxicating products.
“Our primary concern is the safety and well-being of our community, particularly our children and adolescents,” said District 3 Supervisor Rich Desmond. “By prohibiting the sale of these intoxicating hemp products, we are taking a proactive step to eliminate the risks associated with unregulated substances that can lead to health emergencies.
“This ordinance reinforces our commitment to protecting public health and ensuring responsible business practices in Sacramento County.”
Due to loopholes in the Farm Bill of 2018 and Assembly Bill 45, unregulated products containing intoxicating cannabinoids have been sold in locations such as smoke shops, gas stations and convenience stores.
Because people of any age could purchase those unregulated products, there was a subsequent rise in emergency room visits and hospitalizations due to ingestion and adverse events, particularly in young children and adolescents.
The amended ordinance of the code (Sacramento County Code Chapter 4.54 and adding sections 4.54.500 through 4.54.560) will prohibit sales of chemically or synthetically altered industrial hemp products with a concentration of higher than .3% of THC.
The ordinance will institute administrative penalties for businesses conducting these sales and allow for suspension or revocation of the business license, should the retailer not comply with the ordinance. Administrative penalties include:
- $2,500 for the first violation;
- $5,000 for the second violation within one year of the first violation; and
- $10,000 for each additional violation within one year of the first violation.
The Business Licensing Division of the County’s Department of Finance previously distributed a letter notifying select business licensees of the proposed intoxicating hemp regulation and will perform additional outreach to the business community of the ordinance’s adoption, effective date and administrative penalties.
State regulators responsible for enforcing the statewide ban will include the departments of public health, cannabis control, alcoholic beverage control and the tax and fee administration. Local officials can also ensure licensed stores comply, according to the language in the ordinance.
