THE BUZZ — Assembly Majority Leader Cecilia Aguiar-Curry wants to blunt a legal loophole allowing laxer rules for high-inducing hemp products than for marijuana. But she’s facing pushback from some of California’s most famous stoners, Cheech and Chong, who fear it means their own hemp goods could go up in smoke. As a quick rehash, federal law from 2018 distinguished legal hemp from marijuana as long as it had less than 0.3 percent THC, the principal psychoactive component of the cannabis plant. That has fueled a proliferation of hemp products that offer similarly intoxicating feelings as marijuana — without being subject to the same government oversight. Aguiar-Curry wants to increase enforcement around hemp and make sure all intoxicating products are treated and taxed the same as marijuana. Her bill would also drastically limit the amount of THC allowed in hemp products to 1 milligram (many hemp seltzers and gummies offer 2.5 to 15 milligrams of THC) with a requirement that anything stronger be sold through a dispensary. The legislation, which glided out of the Assembly and will be heard in the Senate later this month, has received little attention in Sacramento, but could have major implications nationwide as other states and Congress try to tackle the issue as well as for California’s fledgling multibillion-dollar cannabis industry that, since state legalization in 2016, has been rife with legal quandaries. It has elicited pushback from major hemp retailers — most recently by Cheech and Chong’s Global Holding Company, the cannabis company owned by the iconic comedy duo — and is moving through the state Capitol as Congress considers its own legislation. Aguiar-Curry managed to push through some regulations for the hemp market in 2021 with a law that, among other things, set safety and testing standards, but said she’s increasingly concerned about how easy it is for minors to access the products, arguing it’s time for more regulation. "This is absolutely out of control," she said at a hearing in April where she brought along packs of 10 mg THC seltzers she was able to buy at a major liquor store. "We want to put some more guardrails around it." Many lawmakers in Washington didn’t realize they were legalizing a product with intoxicating qualities in 2018. Since then, growers have developed ways to create more intoxicating hemp products that still comply with the rules but don’t face the same restrictions as marijuana, often found in normal retail stores. That’s led to a huge upset within California’s highly-controlled and taxed marijuana industry, which complains that they’re being undercut because hemp-derived products are cheaper to produce and easier to access due to the lack of regulation. The industry is now hoping Aguiar-Curry’s bill can even the playing field "Every sale of THC beverages outside dispensaries robs the state's cannabis tax fund roughly $6.08," Caren Woodson, president of the California Cannabis Industry Association, said at an Assembly committee hearing in April. "Worse still, that revenue loss puts the cannabis industry at dramatic risk of a tax increase." But the 1 milligram THC limit in Aguiar-Curry's bill would mean a massive hit to the hemp industry, argued Jonathan Miller, general counsel for the U.S. Hemp Roundtable. “If those [limits] wind up in the final bill, it would shut down 90 to 95 percent of the consumable hemp industry,” he said. Some hemp retailers say they’re willing to work with lawmakers on safety regulations and age limits — and would even be amenable to an excise tax to lower the burden on the regulated marijuana sector. "I think if you're at a party and you're not helping clean up after dinner, that's just not cool," said Ted Whitney, head of sales at Rexis Biotech. "We've got to pull our weight." Aguiar-Curry’s bill is set to be heard in the Senate’s Business and Professions committee on June 24. Whether Cheech Marin or Tommy Chong will show up to oppose it, however, depends on their filming schedules, said Jonathan Black, CEO of their company. “They're both very brilliant men," he said. "So I'm sure they would love to testify if that opportunity presents itself." GOOD MORNING. Happy Thursday. Thanks for waking up with Playbook. You can text us at 916-562-0685 — save it as “CA Playbook” in your contacts. Or drop us a line at lkorte@politico.com and dgardiner@politico.com, or on X — @DustinGardiner and @Lara_Korte. WHERE’S GAVIN? Nothing official announced.
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