New California Bill to Allow Limited Amount of THC in Hemp-Derived Products

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In September 2024, California Governor Gavin Newsom, announced new emergency regulations which were aimed at protecting young children from the effects caused from tetrahydrocannabinol (THC) (1). The regulations now in effect, ban retail sales of products containing detectable of THC. For example, these could be dietary products, hemp food, or bevarages (1). The California Department of Public Health (CDPH) recommended the regulations which were approved by the Office of Administrative Law, because of “ …increasing health incidents related to intoxicating hemp products, which state regulators have found sold across the state. Children are particularly at risk should they consume these products. Studies show that use of these products can negatively impact cognitive functions, memory, and decision-making abilities in developing brains,” (1).

According to the California Department of Health, the hemp regulations (1):

• Ban any detectable amount of THC or other intoxicating cannabinoids per serving.
• Ban sales to people under 21.
• Limit servings to five per package.

Recently, California State Assembly member and Majority Leader, Cecilia Aguiar-Curry (D-Winters) introduced AB 8 (2). The first version of this bill was introduced on December 2, 2024 and differentiates non-intoxicating hemp products and intoxicating hemp products. Currently, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) allows for the regulation, as well as licensure, of cannabis activity at the commercial level (2). This bill “…exempts industrial hemp, as defined, from the definition of cannabis under MAUCRSA. This bill would state that MAUCRSA does not prohibit a licensee from manufacturing, distributing, or selling products that contain industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp, if the product complies with all applicable state laws and regulations,” (2). The bill hopes to (2), “enhance the viability of cannabis licenses in the marketplace by pursuing measures to relieve tax and regulatory requirements, and to authorize licensees to manufacture, distribute, and sell hemp and cannabidiol (CBD) products in compliance with current law.”

“The intent of AB 8 is not to allow for hemp-derived THC. Intoxicating products should only be available through the state’s dispensaries. I’ve been collaborating with the governor since 2018, including in 2021 on my Assembly Bill 45, which created a strong legal structure for regulating these products, registering companies to fund enforcement against illegal products, and implementing needed guardrails,” said Majority Leader Cecilia Aguiar-Curry (D-Winters). “I remain committed to maintaining a clear distinction between intoxicating and non-intoxicating products. Our intent has always been to legalize safe, non-intoxicating hemp products while ensuring intoxicating cannabinoids are exclusively sold in licensed dispensaries, not in convenience stores or gas stations,” said Aguiar-Curry. “This is about protecting public health. Products that get you high shouldn’t be available to our kids.”

AB 8 will continue to uphold the prohibition on synthetically-derived cannabinoids such as, THC from hemp.

AB 8 is currently pending referral, while it waits to be reviewed and voted on potentially in a upcoming session (2).

References

1. Department of Public Health. California’s ban on intoxicating hemp products now in effect https://www.cdph.ca.gov/Programs/OPA/Pages/NR24-26.aspx#:~:text=The%20new%20regulations%20for%20hemp,servings%20to%20five%20per%20package. (accessed Jan 9, 2025).
2. California AB8 https://trackbill.com/bill/california-assembly-bill-8-industrial-hemp/2574213/ (accessed Jan 9, 2025).