Assembly Bill (AB) 8 Cannabis: Cannabinoids: Industrial Hemp
Frequently Asked Questions (FAQs)
What is Assembly Bill 8 (AB 8)?
AB 8, Chapter 248, Statutes of 2025, was signed by Governor Newsom on October 2, 2025, and enacted on January 1, 2026. AB 8 makes changes to multiple sections of California law regarding cannabis and industrial hemp and strengthens enforcement by regulating intoxicating hemp products as cannabis. In addition, this bill preserves access to cannabidiol (CBD) and cannabinol (CBN) as cannabinoids that can be added to foods. The full text of AB 8 is available at the CA Legislative Information.
When do provisions of AB 8 become effective?
Most of the provisions of AB 8 are effective as of January 1, 2026. However, some changes to the California Health and Safety Code take place on January 1, 2028.
How does AB 8 affect industrial hemp manufacturers (extract, food, food additives, beverages, dietary supplements, and processed pet food) in California?
There is no change to the requirement that anyone manufacturing industrial hemp products or extracting cannabinoids from industrial hemp obtain an Industrial Hemp Enrollment and Oversight (IHEO) authorization from the California Department of Public Health (CDPH). As of January 1, 2026, industrial hemp extract used in the manufacturing of food, food additives, beverages, dietary supplements, or processed pet food cannot contain tetrahydrocannabinol (THC) or any synthetic cannabinoids. A Certificate of Analysis (COA) quantitative analysis must confirm that CBD or CBN exceeds 99% of the total integrated chromatographic peaks of tested analytes.
Starting January 1, 2028, anyone extracting cannabinoids from industrial hemp will need to be licensed by the California Department of Cannabis Control (DCC). Manufacturers of industrial hemp products such as food, food additives, beverages, dietary supplements, or processed pet food that contain only CBD or CBN isolate and no other cannabinoid, need to obtain an IHEO authorization from CDPH. Industrial hemp extract used in the manufacturing of food, food additives, beverages, dietary supplements, or processed pet food cannot contain THC or any synthetic cannabinoids.
How does AB 8 affect industrial hemp manufacturers of cosmetics in California?
Starting January 1, 2026, industrial hemp extract used in the manufacturing of cosmetics cannot contain THC. However, industrial hemp extract used in the manufacturing of topically applied cosmetics may contain a total THC concentration that does not exceed 0.3 percent on a dry-weight basis. Manufacturers of cosmetics using industrial hemp need to obtain an IHEO authorization and a cosmetic manufacturing registration from CDPH.
How does AB 8 affect industrial hemp manufacturers of inhalable products in California?
As of January 1, 2026, hemp flower, pre-rolls that contain hemp flower or hemp-derived cannabinoids, and inhalable cannabis products containing THC derived from hemp cannot be sold, offered, or provided in California. However, the manufacturing of industrial hemp inhalable products for the sole purpose of sale in other states is not prohibited. Industrial hemp inhalable product manufacturers are required to maintain an IHEO authorization with the CDPH and these products must be under 0.3% THC and confirmed by a COA. Inhalable industrial hemp products can only be sold outside California. Firms warehousing and distributing hemp flower only are not required to obtain an IHEO authorization.
Under AB 8, after January 1, 2028, industrial hemp inhalable product manufacturers will be regulated by DCC and will no longer require an IHEO from CDPH.
How does AB 8 affect the industrial hemp emergency regulations?
The industrial hemp emergency regulations align with the requirements of AB 8. The industrial hemp emergency regulations (DPH-24-005) became effective on September 23, 2024, and require industrial hemp food, food additives, beverages, and dietary supplements intended for human consumption have no detectable total THC. The regulations also create a minimum age of 21 to purchase industrial hemp final form products intended for human consumption and limit the number of servings in industrial hemp products to five per package.
How long will CDPH continue to regulate industrial hemp products?
CDPH will continue to issue IHEO authorizations for foods (including extracts, food additives, beverages, and dietary supplements), processed pet foods, cosmetics, and industrial hemp inhalable products through January 1, 2028. After January 1, 2028, CDPH will only issue IHEO authorizations for foods (including food additives, beverages, and dietary supplements), processed pet foods, and cosmetics.
What are the testing requirements for an industrial hemp product manufacturer in California?
All industrial hemp raw extract must be tested by an independent laboratory for contaminants and cannabinoid content before inclusion in an industrial hemp product. Industrial hemp products must be tested for the same contaminants as those established for cannabis products by DCC. This means industrial hemp products must meet the same standards as cannabis for contaminants such as pesticides, heavy metals, and residual solvents. Additionally, industrial hemp raw extract used to manufacture food, food additives, beverages, or dietary supplements, shall not contain THC or synthetic cannabinoids and should be comprised of CBD or CBN isolate with a purity level greater than 99 percent.
How does an industrial hemp product manufacturer determine their raw extract has a purity level greater than 99% CBD or CBN?
Industrial hemp product testing must be done by an independent testing laboratory either licensed by DCC or accredited by a third-party. The accrediting body must be a competent testing laboratory pursuant to ISO/IEC 17025 of the International Organization for Standardization and the International Electrotechnical Commission.
Does CDPH plan to initiate rulemaking prior to the implementation and enforcement of AB 8?
No. CDPH does not plan to initiate rulemaking to implement or enforce the provisions of AB 8.
What penalties or enforcement actions will be administered against industrial hemp manufacturers that do not comply with the provisions of AB 8?
CDPH may take enforcement action against industrial hemp manufacturers who are not compliant with the requirements in AB 8. CDPH has authority to embargo adulterated foods and cosmetics, issue penalties, and suspend or revoke registrations and authorizations.
AB 8 generally treats intoxicating hemp products as cannabis. As such, anyone manufacturing or selling intoxicating hemp products in California in violation of the law may be subject to the same civil and criminal penalties that exist for illegal cannabis manufacturing and sales.
How can industrial hemp manufacturers help prevent non-compliant products from being sold in California?
If someone is aware of a person or business who is not compliant with AB 8 or other applicable laws and regulations related to industrial hemp products, they may report the matter on CDPH's Consumer Complaint form.
What is a good contact for questions related to AB 8 at CDPH?
Please contact CDPH's Food and Drug Branch (FDB) directly by emailing FDBIH@cdph.ca.gov, and state in the subject line: “AB 8" and inquiry topic.
How can I get information from DCC regarding AB 8?
Information about the implementation of AB 8 by DCC may be found by contacting them directly via email at info@cannabis.ca.gov.