Is CBD (Cannabidiol, hemp-derived) Legal in California? (2026)

Instrument

Cal. Bus. & Prof. Code 26070.2; Cal. Health & Safety Code 111921.6 (AB 8, eff. 2026-01-01)

Source

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=26070.2

Retrieved

2026-10-08

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A person shall not sell, offer, or provide a product in the state that is any of the following: (a) An alcoholic beverage that contains cannabinoids, including, but not limited to, an infusion of cannabis or cannabinoids derived from industrial hemp into an alcoholic beverage. (b) An inhalable cannabis product containing tetrahydrocannabinols derived from industrial hemp. (c) Hemp flower or a pre-roll that contains hemp flower or hemp-derived cannabinoids, whether infused or not. (d) A product containing synthetic cannabinoids. (e) A cannabis product manufactured outside the licensed market. (Amended by Stats. 2025, Ch. 248, Sec. 17. (AB 8) Effective January 1, 2026.)

Manufacture or sale of inhalable hemp products is prohibited. Manufacture of inhalable hemp products for the sole purpose of sale in other states is not prohibited. (Amended by Stats. 2025, Ch. 248, Sec. 35. (AB 8) Effective January 1, 2026.)

Instrument

Prohibited hemp-derived cannabis products (Bus. & Prof. Code Sec. 26070.2, incl. synthetic-cannabinoid ban) and CDPH isolate/serving/age rules

Source

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB8

Retrieved

2026-07-19

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Bus. & Prof. Code Sec. 26070.2 (amended by AB 8 SEC. 17): A person shall not sell, offer, or provide a product in the state that is any of the following: (a) An alcoholic beverage that contains cannabinoids, including, but not limited to, an infusion of cannabis or cannabinoids derived from industrial hemp into an alcoholic beverage. (b) An inhalable cannabis product containing tetrahydrocannabinols derived from industrial hemp. (c) Hemp flower or a pre-roll that contains hemp flower or hemp-derived cannabinoids, whether infused or not. (d) A product containing synthetic cannabinoids. (e) A cannabis product manufactured outside the licensed market. Bus. & Prof. Code Sec. 26080(c) (amended): This division does not prohibit industrial hemp or cannabis products derived exclusively from industrial hemp from either of the following: (1) Being continuously transported through California without entering the licensed market, provided they are not sold in California. (2) Being shipped out of California by a licensee. Bus. & Prof. Code Sec. 26003 (added by AB 8 SEC. 2): This division does not prohibit a licensee from manufacturing, distributing, or selling products that contain industrial hemp, as defined in Section 11018.5 of the Health and Safety Code, or cannabinoids, extracts, or derivatives from industrial hemp, if the product complies with all applicable state laws and regulations, including Division 24 (commencing with Section 81000) of the Food and Agricultural Code or Chapter 9 (commencing with Section 111920) of Part 5 of Division 104 of the Health and Safety Code, as applicable. Health & Safety Code Sec. 111920(m)-(n) (as amended by AB 8): 'CBD isolate' means a compound extracted from cannabis or industrial hemp consisting of cannabidiol, with a purity level greater than 99 percent and that does not contain any form of tetrahydrocannabinol or synthetic cannabinoid. 'CBN isolate' means a compound extracted from cannabis or industrial hemp consisting of cannabinol, with a purity level greater than 99 percent, and that does not contain any form of tetrahydrocannabinol or synthetic cannabinoid. CDPH DPH-24-005E (emergency regulation, Health & Safety Code Sec. 111921 et seq.): Industrial hemp food, food additives, beverages, and dietary supplements intended for human consumption must contain no detectable THC per serving; such products cannot be sold to a person under 21 years of age; and a package may contain no more than five servings.

Instrument

List of Intoxicating Cannabinoids

Source

https://www.cdph.ca.gov/Programs/OLS/CDPH%20Document%20Library/DPH-24-005B-IHCannibinoidsFinalRegulationText.pdf

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2026-07-02

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Section 23010. List of Intoxicating Cannabinoids.

(a) In addition to delta-8 tetrahydrocannabinol (THC), delta-9 tetrahydrocannabinol (THC), delta-10 tetrahydrocannabinol (THC), and tetrahydrocannabinolic acid (THCA), the following are included in the definition of "THC" or "THC or comparable cannabinoid" and include any metabolites, derivatives, salts, isomers, and any salt or acid of an isomer of:

(1) Delta-5 tetrahydrocannabinol (THC);

(2) Delta-6 tetrahydrocannabinol (THC);

(3) Delta-6a tetrahydrocannabinol (THC);

(4) Delta-7 tetrahydrocannabinol (THC);

(5) Delta-10a tetrahydrocannabinol (THC);

(6) Delta-11 tetrahydrocannabinol (THC);

(7) Delta-11-Hydroxy- tetrahydrocannabinol (THC);

(8) Exo-tetrahydrocannabinol;

(9) naphthalen-1-yl-(1-pentylindol-3-yl)methanone or commonly known as JWH-018; 1-pentyl-3-(1-naphthoyl)indole (JWH-018)

(10) (1-butylindol-3-yl)-naphthalen-1-ylmethanone or commonly known as JWH-073; 1-butyl-3-(1-naphthoyl)indole (JWH-073);

(11) [1-(2-morpholin-4-ylethyl)indol-3-yl]-naphthalen-1-ylmethanone or commonly known as JWH-200; 1-pentyl-3-(4-methoxynaphthoyl)indole (14-JWH-200)

(12) 1-[1-(5-hydroxypentyl)indol-3-yl]-2-(2-methoxyphenyl)ethanone or commonly known as JWH-250; 1-pentyl-3-(2-methoxynaphthoyl)indole (JWH-250);

(13) (4-chloronaphthalen-1-yl)(1-pentyl-1H-indol-3-yl)methanone or commonly known as JWH-398; 1-pentyl-3-(4-chloronaphthoyl)indole (JWH-398);

(14) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol or commonly known as CP-47,497; 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);

(15) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol or commonly known as HU-210; (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol (HU-210);

(16) (6a,10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydro-6H-benzo[c]chromen-1-ol or commonly known as HU-211; (6a,10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydro-6H-benzo[c]chromen-1-ol (HU-211);

(17) All tetrahydrocannabivarins (THCV), including but not limited to delta-8 tetrahydrocannabivarin and similar;

(18) All metabolites of tetrahydrocannabinol (THC), including but not limited to 11-hydroxy-THC, 3-hydroxy-THC, and 7-hydroxy-THC;

(19) Any combination of the compounds, including but not limited to hexahydrocannabiphorol-O-ester and this list;

(20) All hydrogenated forms of tetrahydrocannabinol (THC), including but not limited to hexahydrocannabinol (HHC), hexahydrocannabiphorol (HHCP), and hexahydrocannabihexol (HHCH);

(21) All hydrogenated forms of hexahydrocannabinol (HHC) including but not limited to 8-hydroxyhexahydrocannabinol, 10-hydroxyhexahydrocannabinol;

(22) All ester forms of tetrahydrocannabinol (THC), including but not limited to delta-8 THC-O-acetate, delta-9 THC-O-acetate, and hexahydrocannabinol-O-acetate;

(23) Analogues of tetrahydrocannabinols with alkyl chain of four or more carbon atoms, including but not limited to tetrahydrocannabiphorols (THCP), tetrahydrocannabioctyls, tetrahydrocannabihexols (THCH), tetrahydrocannabidiol (THC-JD), and tetrahydrocannabutols;

(24) Tetrahydrocannabinol acetate (THC-O);

(25) [1-(5-fluoropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone or commonly known as XLR-11; N-(1-Amino-1-methyl-ethyl)-5-fluoropentyl-1-naphthalen-2-yl-1H-indole-3-carboxamide (XRL-11 &15);

(26) (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone or commonly known as UR-144; N-(1-Amino-1-methyl-ethyl)-5-fluoropentyl-1-naphthalen-2-yl-1H-indole-3-carboxamide (UR-144);

(27) [1-[(4-fluorophenyl)methyl]indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone or commonly known as FUB-144; N-(1-Amino-1-methyl-ethyl)-5-fluoropentyl-1-naphthalen-2-yl-1H-indole-3-carboxamide (FUB-144);

(28) methyl (2S)-2-[[1-[(4-fluorophenyl)methyl]indazole-3-carbonyl]amino]-3-methylbutanoate or commonly known as AMB-FUBINACA; N-(1-Amino-1-methyl-ethyl)-5-fluoropentyl-1-naphthalen-2-yl-1H-indole-3-carboxamide (AMB-FUBINACA);

(29) (1-(5-fluoropentyl)-1H-indazol-3-yl)(naphthalen-1-yl)methanone or commonly known as THJ-2201; and (3-[(1R,4R)-Isopropyl-2-methyl-1,3-benzodioxol-5-yl]-N-(2,4-dimethyl-3-methylbenzoyl)-N-methyl-1,2,3,4-tetrahydroisoquinolin-6-amine) (THJ-220); and

(30) (2-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone or commonly known as RCS-4. (3-[(1R,4R)-Isopropyl-2-methyl-1,3-benzodioxol-5-yl]-N-(2,4-dimethyl-3-methylbenzoyl)-N-methyl-1,2,3,4-tetrahydroisoquinolin-6-amine) (RCS-4).

Note: Authority cited: Sections 100275, 110065, 111921.7, and 131200, Health and Safety Code. Reference: Sections 111920, 111921.7, 111925, 131095, and 131100, Health and Safety Code.

Instrument

Industrial Hemp emergency regulations - definitions, age 21 requirement, and serving/package requirements (no detectable total THC per serving; five servings per package)

Source

https://www.cdph.ca.gov/Programs/OLS/CDPH%20Document%20Library/DPH-24-005E_Readopt_Text.pdf

Retrieved

2026-07-02

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Article 1. Definitions.

Section 23000. Definitions.

(a) For the purposes of this subchapter, the following definitions apply regarding industrial hemp:

(1) "Detectable" means any amount of analyte, subject to the limit of detection.

(2) "Limit of detection" means the lowest quantity of a substance or an analyte that can be reliably distinguished from the absence of that substance within a specified confidence limit.

Note: Authority cited: Sections 100275, 110065, 111921.7, 111922, 111925, and 131200, Health and Safety Code. Reference: Sections 111920, 111921.7, 111925, 111926, and 131100, Health and Safety Code.

Article 2. General Provisions

Section 23005. Age Requirement for Human Food.

A person shall not offer or sell industrial hemp final form food products intended for human consumption, including food, food additives, beverages, and dietary supplements, to a person under 21 years of age.

Note: Authority cited: Sections 100275, 110065, 111921.3, and 131200, Health and Safety Code. Reference: Sections 111921, 111921.3, and 131095, Health and Safety Code.

Article 3. Manufacture

Section 23100. Serving and Package Requirements.

(a) An industrial hemp final form food product intended for human consumption including food, food additives, beverages, and dietary supplements shall have the following:

(1) Each serving in a package shall have no detectable amount of total THC, and

(2) Each package shall have no more than five servings, and

(3) The serving and package sizes shall be determined using the same federal standards as non-industrial hemp food products pursuant to Health and Safety Code section 111926, 110085, and 110095, unless specified in this subchapter or Part 5 of Division 104 of the Health and Safety Code.

(b) An independent testing laboratory shall calculate and establish the limit of detection (LOD) for chemical method analyses according to any of the following methods:

(1) Signal-to-noise ratio of between 3:1 and 2:1;

(2) Standard deviation of the response and the slope of calibration curve using a minimum of 7 spiked blank samples calculated as follows; LOD = (3.3 x standard deviation of the response) / slope of the calibration curve; or

(3) A method published by the United States Food and Drug Administration (USFDA) or the United States Environmental Protection Agency (USEPA).

(c) A manufacturer of industrial hemp final form food product shall provide documentation that includes a certificate of analysis from an independent testing laboratory to confirm the amount of total THC in the final form food product does not exceed the total THC per serving size limits as set forth in this subchapter.

(d) A person shall not manufacture, warehouse, distribute, offer, advertise, market, or sell industrial hemp final form food products intended for human consumption including food, food additives, beverages, and dietary supplements that are above the limit of detection for total THC per serving.

Note: Authority cited: Sections 100275, 110065, 111922, 111925, and 131200, Health and Safety Code. Reference: Sections 110085, 110095, 110100, 111920, 111921, 111922, 111925, 111925.2, 111926, 111926.2, 131095, and 131100, Health and Safety Code; and Part 101, Title 21 Code of Federal Regulations.

Instrument

Industrial hemp products; inhalable products

Source

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB45

Retrieved

2026-10-07

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111921.5. (a) Unless explicitly approved by the federal Food and Drug Administration, industrial hemp shall not be included in products in any of the following categories: (1) Medical devices. (2) Prescription drugs. (3) A product containing nicotine or tobacco. (4) An alcoholic beverage. (b) The department may prohibit the inclusion of industrial hemp in other products when it poses a risk to human or animal health through regulation. (c) Cannabis and cannabis products are not subject to this section. 111921.6. (a) Manufacture or sale of inhalable products is prohibited. Manufacture of inhalable products for the sole purpose of sale in other states is not prohibited. (b) This section shall become inoperative and is repealed on the effective date of a measure passed by the Legislature that establishes a tax on inhalable products and states the intent of the Legislature to fulfill the requirements of this section.

Instrument

Industrial hemp; definition (Uniform Controlled Substances Act)

Source

https://law.justia.com/codes/california/code-hsc/division-10/chapter-1/section-11018-5/

Retrieved

2026-07-02

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11018.5. (a) (1) "Industrial hemp" or "hemp" means types of the plant Cannabis sativa Linnaeus or any part of that plant with a total tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis and is limited to only agricultural products, including seeds, propagated plant material, immature or mature plants, harvested plants, mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any preparation that does not contain cannabinoids.

(2) Total tetrahydrocannabinol concentration includes both delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid, and shall be calculated using the following equation: Total THC concentration (mg/g) +/- the measurement of uncertainty, as defined by the Department of Food and Agriculture.

(b) Industrial hemp shall not be subject to the provisions of this division or of Division 10 (commencing with Section 26000) of the Business and Professions Code, except upon entry into the California licensed market under that division, and shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.

(c) The sale or delivery of hemp flower and hemp prerolls within the state is prohibited.

Instrument

Industrial hemp consumer-product definitions (AB 45); synthetic-cannabinoid exclusion; 'THC or comparable cannabinoid'

Source

https://law.justia.com/codes/california/code-hsc/division-104/part-5/chapter-9/article-1/section-111920/

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2026-07-02

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111920. For purposes of this chapter, the following definitions apply:

(a) "Department" means the State Department of Public Health.

(b) "Established and approved industrial hemp program" means a program that meets any applicable requirements set forth in federal law regarding the lawful and safe cultivation of industrial hemp.

(c) "Final form product" is a product intended for consumer use to be sold at a retail premise.

(d) "Hemp manufacturer" means either of the following:

(1) A processor extracting cannabinoids from hemp biomass.

(2) A processor purchasing industrial hemp raw extract for the purpose of manufacturing a final form product.

(e) "Independent testing laboratory" means a laboratory that meets all of the following requirements:

(1) Does not have a direct or indirect interest in the entity for which testing is being done.

(2) Does not have a direct or indirect interest in a facility that cultivates, processes, distributes, dispenses, or sells raw hemp products in this state or in another jurisdiction.

(3) Does not have a license issued pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code, other than as a licensed testing laboratory.

(4) Is either of the following:

(A) A testing laboratory licensed pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code, if the licensed testing lab has notified the Department of Cannabis Control.

(B) Accredited by a third-party accrediting body as a competent testing laboratory pursuant to ISO/IEC 17025 of the International Organization for Standardization.

(f) "Industrial hemp" has the same meaning as in Section 11018.5. "Industrial hemp" does not include cannabinoids produced through chemical synthesis.

(g) (1) "Industrial hemp product" or "hemp product" means a finished product containing industrial hemp that meets all of the following conditions:

(A) Is a cosmetic, food, food additive, dietary supplement, or herb.

(B) (i) Is for human or animal consumption.

(ii) "Animal" does not include livestock or a food animal as defined in Section 4825.1 of the Business and Professions Code.

(iii) Does not include THC isolate as an ingredient.

(2) "Industrial hemp product" does not include industrial hemp or a hemp product that has been approved by the United States Food and Drug Administration or a hemp product that includes industrial hemp or hemp that has received Generally Recognized As Safe (GRAS) designation. For purposes of nonfood applications, "industrial hemp product" does not include a hemp product that contains derivatives, substances, or compounds derived from the seed of industrial hemp.

(h) (1) "Manufacture" or "manufacturing" means to compound, blend, extract, infuse, or otherwise make or prepare an industrial hemp product.

(2) "Manufacturing" includes all aspects of the extraction process, infusion process, and packaging and labeling processes, including processing, preparing, holding, and storing of industrial hemp products.

(3) "Manufacturing" also includes processing, preparing, holding, or storing hemp components and ingredients.

(4) "Manufacturing" does not include planting, growing, harvesting, drying, curing, grading, or trimming a plant or part of a plant.

(i) "Raw extract" or "industrial hemp raw extract" means extract not intended for consumer use and that contains a THC concentration of not more than an amount determined by the department in regulation.

(j) "Raw hemp product" means a product that is derived from industrial hemp that is intended to be included in a food, beverage, dietary supplement, or cosmetic.

(k) "Retail" has the same meaning as in Section 113895.

(l) "THC" or "THC or comparable cannabinoid" means any of the following:

(1) Tetrahydrocannabinolic acid.

(2) Any tetrahydrocannabinol, including, but not limited to, Delta-8-tetrahydrocannabinol, Delta-9-tetrahydrocannabinol, and Delta-10-tetrahydrocannabinol, however derived, except that the department may exclude one or more isomers of tetrahydrocannabinol from this definition under subdivision (a) of Section 111921.7.

(3) Any other cannabinoid, except cannabidiol, that the department determines, under subdivision (b) of Section 111921.7, to cause intoxication.

(m) "THCA" means tetrahydrocannabinolic acid, CAS number 23978-85-0.

(n) "Total THC" means the sum of THC and THCA. Total THC shall be calculated using the following equation: total THC concentration (mg/g) +/- the measurement of uncertainty, as defined by the United States Department of Agriculture.

Instrument

Prohibited product categories; prohibition on manufacture or sale of inhalable industrial hemp products (AB 45)

Source

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB45

Retrieved

2026-07-02

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111921.5. (a) Unless explicitly approved by the federal Food and Drug Administration, industrial hemp shall not be included in products in any of the following categories:

(1) Medical devices.

(2) Prescription drugs.

(3) A product containing nicotine or tobacco.

(4) An alcoholic beverage.

(b) The department may prohibit the inclusion of industrial hemp in other products when it poses a risk to human or animal health through regulation.

(c) Cannabis and cannabis products are not subject to this section.

111921.6. (a) Manufacture or sale of inhalable products is prohibited. Manufacture of inhalable products for the sole purpose of sale in other states is not prohibited.

(b) This section shall become inoperative and is repealed on the effective date of a measure passed by the Legislature that establishes a tax on inhalable products and states the intent of the Legislature to fulfill the requirements of this section.