AB 8: Cannabis: cannabinoids: industrial hemp.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)The Sherman Food, Drug, and Cosmetic Law regulates the packaging, labeling, and advertising of food, beverages, and cosmetics and makes it a crime to distribute in commerce any food, drug, device, or cosmetic if its packaging or labeling does not conform to these provisions. Existing law establishes a process for the embargo, condemnation, and destruction of a food, drug, device, or cosmetic that is adulterated, misbranded, or falsely advertised, gives the authority to place items under embargo to authorized agents of the State Department of Public Health, and requires the department to take specified actions. Violation of the Sherman Food, Drug, and Cosmetic Law is a misdemeanor.

The Sherman Food, Drug, and Cosmetic Law regulates, among other things, industrial hemp and requires a hemp manufacturer who produces an industrial hemp product that is a food or beverage to register with the State Department of Public Health, as specified. Existing law prohibits an industrial hemp product from being distributed or sold in the state unless the industrial hemp contains a total THC concentration that does not exceed 0.3 percent on a dry-weight basis.

This bill, beginning on January 1, 2026, would prohibit industrial hemp raw extract from being incorporated into food, food additives, beverages, or dietary supplements unless the industrial hemp raw extract has a purity level greater than 99 percent and does not contain any tetrahydrocannabinols or synthetic cannabinoids. The bill, beginning January 1, 2028, would revise and recast various provisions in conformity with that prohibition. The bill would also specify that beginning on January 1, 2028, retail of industrial hemp includes online sales to customers in the state. By creating a new crime, the bill would impose a state-mandated local program.

(2)Existing law, the California Uniform Controlled Substances Act, categorizes controlled substances into 5 designated schedules, and specifies various penalties for the unlawful possession or sale of cannabis, as specified. Existing law excludes industrial hemp from the definition of cannabis for purposes of the act, and specifies that industrial hemp is not subject to the act. Existing law defines industrial hemp for these purposes to mean, among other things, a product derived from the cannabis plant, as provided, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.

This bill, for purposes of the California Uniform Controlled Substances Act, would instead define industrial hemp to mean a product derived from the cannabis plant with a total tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis, as specified. The bill would prohibit the sale or delivery of hemp flower and hemp prerolls for consumption within the state under the California Uniform Controlled Substances Act.

(3)The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities and requires the Department of Cannabis Control to administer its provisions. Existing law exempts industrial hemp, as defined, from the definition of cannabis under MAUCRSA, but requires the Department of Cannabis Control to prepare a report, on or before July 1, 2022, to the Governor and the Legislature outlining the steps necessary to allow for the incorporation of hemp cannabinoids into the cannabis supply chain. Existing emergency regulations require that industrial hemp, food, food additives, beverages, and dietary supplements intended for human consumption have no detectable THC per serving.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 2, 2025Chaptered by Secretary of State - Chapter 248, Statutes of 2025.
2. October 2, 2025Approved by the Governor.
3. September 24, 2025Enrolled and presented to the Governor at 3 p.m.
4. September 13, 2025Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 1. Page 3491.).
5. September 13, 2025Assembly Rule 63 suspended. (Page 3484.)
6. September 13, 2025Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)
7. September 13, 2025In Assembly. Concurrence in Senate amendments pending.
8. September 12, 2025Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2995.).
9. September 8, 2025Read second time. Ordered to third reading.
10. September 5, 2025Read third time and amended. Ordered to second reading.
11. September 2, 2025Read second time. Ordered to third reading.
12. August 29, 2025Read second time and amended. Ordered returned to second reading.