Hemp Laws & Licensing · CA
California hemp laws & licensing
At a glance
- Retail license / registration required?
- Yes — per the Recreational (21+) market dataset — intoxicating products
- Minimum age
- 21+
- State THC caps (hemp products)
- 0 mg THC per serving · 0 mg per package
- Hemp-derived THC products · online sales
- Cannabis system only / banned · online: Prohibited
- Key law
- CA AB 8 (Ch. 248, Stats. 2025) and SB 378 (Ch. 411, Stats. 2025) — effective January 1, 2026
The law today
Since the CDPH emergency regulations of September 23, 2024 (since readopted and now codified by AB 8, Chapter 248 of 2025, signed Oct 2, 2025 and effective Jan 1, 2026), industrial hemp foods, beverages and dietary supplements sold in California may contain no detectable total THC per serving, are limited to five servings per package, and may only be sold to buyers 21+. Hemp flower, pre-rolls, vapes and any inhalable hemp product, alcoholic beverages with hemp cannabinoids, and synthetic cannabinoids are prohibited, and licensed cannabis retailers may not sell hemp products until DCC rules take effect.
Manufacturers of hemp consumables need CDPH IHEO authorization and a COA; SB 378 (Chapter 411 of 2025) bans direct-to-consumer online sales of intoxicating or unregistered hemp products and makes marketplaces liable. From Jan 1, 2028, intoxicating hemp products may be made and sold only inside the DCC cannabis licensing, testing and tax system. Growers register with county agricultural commissioners under CDFA ($900/yr).
Who regulates it
Authorization/registration of manufacturers of industrial hemp foods, beverages, dietary supplements and cosmetics; emergency and permanent hemp product regulations; AB 8 implementation
Grower and seed-breeder registration (through county agricultural commissioners); cultivation testing
California Department of Cannabis Control (DCC)cannabis.ca.gov (opens in a new tab)
Regulates cannabis; under AB 8 will license/regulate intoxicating hemp products inside the cannabis system from Jan 1, 2028
Cannabis regulator
Hemp-derived THC products here run through the cannabis system: California Department of Cannabis Controlcannabis.ca.gov (opens in a new tab)
Licenses & registrations
- Who needs it
- Manufacturers (in-state) of hemp-derived food, beverages, dietary supplements, pet food or cosmetics (Health & Safety Code §§111923.3–111923.5); requires registration as a food/cosmetic manufacturer plus IHEO authorization
- Fee
- Not stated on the official page
CDPH IHEO Authorization Process (steps, forms and inspection)cdph.ca.gov (opens in a new tab)
- Who needs it
- IHEO applicants
- Fee
- Not stated on the official page
- Who needs it
- Hemp cultivators and seed breeders
- Fee
- $900/yr state registration plus any county fee
The law
- AB 8 (2025), Chapter 248, Statutes of 2025 – industrial hemp/cannabis; no detectable THC in hemp consumables, inhalable hemp ban, 21+, DCC regulation of intoxicating hemp from 2028leginfo.legislature.ca.gov (opens in a new tab)
- CDPH FAQ on Assembly Bill 8 (implementation, effective dates, THC standards)cdph.ca.gov (opens in a new tab)
- SB 378 (2025), Chapter 411 – online marketplace liability and ban on direct-to-consumer sales of intoxicating/unregistered hemp productsleginfo.legislature.ca.gov (opens in a new tab)
- Governor's Sept 6, 2024 announcement of the CDPH emergency hemp regulations (DPH-24-005)gov.ca.gov (opens in a new tab)
Testing & COAs
Need a lab? COA analysis partners
Steps to a compliant hemp business in California
- 1
Register the business with the California Secretary of State and CDTFA (seller's permit)
- 2
Manufacturers of hemp food/beverage/supplements/cosmetics: register with CDPH Food and Drug Branch as a processed food or cosmetic manufacturer and apply for IHEO authorization (application, fees, inspection)
- 3
Formulate to no detectable total THC per serving, max 5 servings per package, with a third-party COA and compliant labeling (age 21+ warning)
- 4
Retailers/online sellers: sell only IHEO-sourced, THC-free hemp products to buyers 21+; no inhalable hemp, flower or pre-rolls; ABC licensees are inspected for compliance
- 5
Growers: file the CDFA grower registration with the county agricultural commissioner ($900/yr) and follow sampling/testing rules
- 6
Plan for Jan 1, 2028, when any intoxicating hemp product must move into the DCC cannabis licensing and tax system
On Good Hemp Distro
Recreational (21+) market in California
Closed on GHDThe Recreational (21+) market isn't available in California: state law only allows these hemp products through its licensed cannabis system, if at all.
State law: cannabis system only.
Live status — it changes as state rules are verified and as the federal cutoff approaches. Everyday Hemp, Industrial and Services products are available everywhere.
Sources & verification
- Verified
- September 29, 2026 — every official link above was fetched and checked on that date.
- Confidence
- High confidence — Official pages verified; law summarised from primary sources.
- Research notes
- cdph.ca.gov intermittently failed the fetcher's robots/TLS checks; the IHEO, IHEO Process and AB 8 FAQ pages were fetched successfully, but the CDPH Industrial Hemp landing page (…/FoodSafetyProgram/IndustrialHemp.aspx) could not be content-verified, so IHEO.aspx is used as the landing page. IHEO fee amounts are on the CDPH application forms (cdph8763.pdf), which could not be fetched. SB 378's leginfo page returned HTTP 200 but is blocked to the fetcher by robots.txt. The 'Chapter 248' and 'Chapter 411' numbers come from the CDPH FAQ and a law-firm summary respectively.
- Good Hemp Distro market notes
- No detectable THC in hemp products at general retail (CDPH); intoxicating hemp restricted to DCC-licensed cannabis retailers. SB 378 (operative 2026-07-01) prohibits direct-to-consumer sales and imposes marketplace liability. (Recreational (21+) state dataset, version 2026-09-28)
Cited sources
- Update to California Hemp Laws | Buchanan Ingersoll & Rooney PCbipc.com (opens in a new tab) · 2025-10-09
“Governor Newsom signed AB-8 on October 2, 2025... restricts intoxicating hemp products to licensed cannabis dispensaries... SB-378 prohibits direct-to-consumer sales and advertisements of intoxicating or unregistered hemp products.”
California hemp law FAQ
Short answers drawn from the official California sources above (verified September 29, 2026). Not legal advice.
- Do I need a license to sell hemp products in California?
- Yes. Official link: CDPH Industrial Hemp Enrollment and Oversight (IHEO) Authorization – program page (cdph.ca.gov). Growers license separately through the state hemp program or USDA.
- Who regulates hemp in California?
- California Department of Public Health – Food and Drug Branch, Industrial Hemp Enrollment and Oversight (IHEO) — Authorization/registration of manufacturers of industrial hemp foods, beverages, dietary supplements and cosmetics; emergency and permanent hemp product regulations; AB 8 implementation. California Department of Food and Agriculture – Industrial Hemp Program — Grower and seed-breeder registration (through county agricultural commissioners); cultivation testing. California Department of Cannabis Control (DCC) — Regulates cannabis; under AB 8 will license/regulate intoxicating hemp products inside the cannabis system from Jan 1, 2028. Hemp-derived THC products run through the cannabis regulator: California Department of Cannabis Control.
- What are California's hemp laws in 2026?
- Since the CDPH emergency regulations of September 23, 2024 (since readopted and now codified by AB 8, Chapter 248 of 2025, signed Oct 2, 2025 and effective Jan 1, 2026), industrial hemp foods, beverages and dietary supplements sold in California may contain no detectable total THC per serving, are limited to five servings per package, and may only be sold to buyers 21+. Hemp flower, pre-rolls, vapes and any inhalable hemp product, alcoholic beverages with hemp cannabinoids, and synthetic cannabinoids are prohibited, and licensed cannabis retailers may not sell hemp products until DCC rules take effect. Key law: CA AB 8 (Ch. 248, Stats. 2025) and SB 378 (Ch. 411, Stats. 2025) (effective January 1, 2026).
- What is the minimum age to buy hemp products in California?
- 21+ under California law (CA AB 8 (Ch. 248, Stats. 2025) and SB 378 (Ch. 411, Stats. 2025)). Good Hemp Distro is 21+ everywhere regardless.
- Does California cap THC in hemp products?
- Yes — 0 mg THC per serving · 0 mg per package under CA AB 8 (Ch. 248, Stats. 2025) and SB 378 (Ch. 411, Stats. 2025). Federally, hemp must test at or below 0.3% total THC.
- Does California require lab testing (a COA) for hemp products?
- CDPH AB 8 FAQ – COA must show no detectable total THC per serving (food/beverage/supplement), cannabinoid purity ≥99% for isolates; cosmetics ≤0.3%. Official page: cdph.ca.gov
- How do I start a compliant hemp business in California?
- 1. Register the business with the California Secretary of State and CDTFA (seller's permit). 2. Manufacturers of hemp food/beverage/supplements/cosmetics: register with CDPH Food and Drug Branch as a processed food or cosmetic manufacturer and apply for IHEO authorization (application, fees, inspection). 3. Formulate to no detectable total THC per serving, max 5 servings per package, with a third-party COA and compliant labeling (age 21+ warning). 4. Retailers/online sellers: sell only IHEO-sourced, THC-free hemp products to buyers 21+; no inhalable hemp, flower or pre-rolls; ABC licensees are inspected for compliance. 5. Growers: file the CDFA grower registration with the county agricultural commissioner ($900/yr) and follow sampling/testing rules. 6. Plan for Jan 1, 2028, when any intoxicating hemp product must move into the DCC cannabis licensing and tax system.
Related
Not legal advice. Links and summaries verified September 29, 2026; laws change — always confirm with the official links and a licensed attorney before you sell.