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Unregulated Non-Cannabis Derived CBD / Risks and Dangers / Regulation

Posted on 02/19/2021

MOTION-- In California, cannabis-derived CBD products are required to pass many safety tests including pesticides, heavy metals, microbial and more. However, hemp-derived CBD products remain unregulated at both the state and federal levels, except for a ban against hemp-derived CBD in food and beverages. The lack of safety testing requirements or any regulatory oversight of non-cannabis derived CBD is a significant public health risk that should no longer be ignored. Unregulated and unsafe CBD products are infiltrating cities all over the country, and unscrupulous entrepreneurs are cashing in on the popularity of these products by substituting cheap and illegal synthetic marijuana for CBD. A California company recently tested 20 popular CBD products and found insanely high levels of dangerous chemicals and misleading labels. Furthermore, the recent outbreak of vaping deaths has been traced to CBD products that were spiked with synthetic marijuana, fentanyl. and other illegal drugs/chemicals.

Lastly, it is important to remember that even hemp-derived CBD products may contain some degree of THC. Without regulatory oversight, there is no guarantee that the THC concentrations present are not above legal limits. This could further impact those using the non-cannabis derived CBD products by causing them to fail drug testing. And, with no age limitations, this means a 12-year-old is not legally prevented from purchasing hemp CBD vaping pods, drinks, and cigarettes.

I THEREFORE MOVE that the City Council instruct the Department of Cannabis Regulation(DCR) and the Chief Legislative Analyst (CLA) to report back in 30 days with a comprehensive report that details the risks/dangers associated with unregulated non-cannabis derived CBD and what measures can be undertaken to regulate it.
If meaningful regulation cannot be achieved in a timely manner.

I FURTHER MOVE that the City Attorney be requested to prepare and present an ordinance that would establish a moratorium on the sale of all non-cannabis derived cannabinoid products citywide.