By Charles Triana

California is a leader in consumer protection, ensuring consumers have confidence that products sold in stores are accurately labeled, responsibly regulated, and safe for families. Unfortunately, a growing market of intoxicating hemp-derived THC products is undermining those basic expectations.

After legislation passed by Congress in 2018 created a loophole for intoxicating hemp products to be sold with no federal regulation, these products began appearing in convenience stores, smoke shops, and online marketplaces in brightly colored packaging that often resembles candy or popular snacks. While marketed as hemp products, many contain dangerously concentrated or chemically altered forms of THC capable of producing significant psychoactive effects. Too often, they reach consumers with inconsistent potency, confusing labeling, and inadequate safeguards to prevent youth access.

For parents and consumers, the risks are real. Packaging that appeals to children and is not child resistant led to an increase in accidental consumption and medical interventions for minors. Products with inconsistent potency can leave consumers unaware of what they are purchasing or how they may be affected. Without uniform standards for testing, labeling, and age verification, families are left to navigate a marketplace where safety too often takes a back seat.

California recognized these concerns and acted responsibly by adopting Assembly Bill 8. The law established stronger safeguards for intoxicating hemp-derived THC products, including enhanced testing requirements, clearer labeling, and meaningful restrictions designed to reduce youth access. We already had the framework to regulate these products through our state infrastructure for medical and recreational marijuana. These commonsense protections help consumers make informed decisions while discouraging products that appeal to minors.

Congress should build upon this progress—not undermine it.

Proposals that reopen loopholes risk flooding the marketplace with products that fail to meet California’s higher consumer protection standards. That would create confusion for consumers, disadvantage responsible businesses that comply with the law, and expose more young people to intoxicating products marketed in ways that blur the line between candy and controlled substances.

Consumer safety should never depend on where a product is purchased or whether a manufacturer chooses to follow voluntary standards. Americans expect consistent rules that prioritize transparency, accountability, and public health.

California has demonstrated that stronger oversight is both practical and effective. Its approach balances consumer choice with responsible regulation while placing the well-being of children and families first.

Congress now has an opportunity to follow that example by closing the federal loophole that has allowed intoxicating hemp-derived THC products to proliferate with insufficient oversight. Protecting consumers means ensuring products are honestly labeled, responsibly marketed, and kept out of the hands of minors.

Our children should not become the unintended victims of regulatory gaps. California has taken meaningful steps to protect consumers and promote youth well-being. Congress should do the same by strengthening—not weakening—the safeguards that families deserve.