State and federal lawmakers have moved to clamp down on hemp products, leaving Californians at a loss to legally obtain natural hemp CBD medications. The California Department of Public Health has effectively banned the sale of hemp products pending the implementation of a new state licensing system in 2028. Meanwhile, the Congress has moved to close a loophole in federal law that allowed hemp manufacturers to chemically convert the natural CBD in hemp into THC and other intoxicating cannabinoids, effectively circumventing the federal ban on marijuana.
The moves have been prompted by concerns over the safety and quality of hemp products, which don’t undergo the same rigorous testing as state-licensed cannabis. Many hemp products contain intoxicating cannabinoids produced by chemical synthesis from hemp CBD. One of the most popular is delta-8 THC, a milder, psychoactive relative of the delta-9 THC commonly found in marijuana. The chemical conversion process from CBD is messy and generates many byproducts of dubious safety and efficacy. A notable example is THCP, a synthetic cannabinoid said to be 30 times more potent than THC, which doesn’t occur naturally and has never been tested for human safety in scientific studies.
Consumers have legitimate concerns about the safety of hemp products, especially those with novel synthetic cannabinoids. Some have been linked to toxic reactions. The legal cannabis industry likewise has legitimate concerns about unfair competition from the hemp market, since hemp isn’t subject to the same costly taxes or regulations as state-licensed cannabis.
California already banned the sale of hemp products containing intoxicating or synthetically derived cannabinoids under AB 45 (Aguiar-Curry, 2021). However, that law was not effectively enforced, and illegal products continued to be widely sold via the internet, smoke shops, convenience stores, and even liquor stores.
In response to complaints from public health and parents’ groups, Gov. Newsom directed the California Dept. of Public Health to issue an emergency ban on all hemp products containing “detectable” levels of THC in 2024. Unfortunately, this wording effectively banned all hemp products, since it is virtually impossible to eliminate detectable, minute traces of THC from natural hemp. The result has been to ban medically useful high-CBD extracts used by medical cannabis clinicians and patients to control severe epilepsy and other intractable diseases.
California NORML protested the language of the CDPH ban. Instead, we proposed that it exempt CBD hemp extracts with non-intoxicating, low levels of THC less than 1.75 milligrams, a limit established by Colorado. Despite similar pleas from medical cannabis advocates, our suggestion was ignored, leaving many patients without affordable legal sources of CBD. While a handful of high-CBD products are available from licensed cannabis producers, they are much more expensive than hemp-derived CBD.
Fortunately, a new bill signed this year by the Governor (AB 8 by Asm. Aguiar-Curry) may help remedy the situation. Effective in 2028, AB 8 will merge hemp into the regulated cannabis system, allowing natural hemp products to enter the commercial market provided they are tested, processed and sold by DCC-licensed businesses. As under current law, chemically synthesized cannabinoids will still be outlawed, but consumers will again be able to purchase high-CBD hemp extracts—but only through licensed dispensaries and subject to cannabis excise taxes.
In the meantime, the federal government has moved to close the loophole for intoxicating hemp products. Under the recent budget bill signed by President Trump, legal hemp products will be limited to a total of 0.4 milligrams per container of total THC, effective in one year (November 2026). THC is defined to include delta-8 THC, THCA, and other cannabinoids that produce similar intoxicating effects. The changes were advocated by Sen. Mitch McConnell (R-KY), who sponsored the original agriculture bill legalizing hemp.
The new federal policy will not affect California, since intoxicating hemp products are already banned here. However, it will adversely impact consumers in other states such as Texas where cannabis is still illegal, but users have been enjoying intoxicating hemp products instead.
California NORML advises consumers to steer clear of intoxicating hemp products from the illegal market. The dangers of intoxicating hemp were exposed in an industry white paper entitled “The Great Hemp Hoax.” Out of 104 tested products from 68 brands bought in California, 95% contained synthetics forbidden by California law. Nearly half contained THCP. 84% of gummies exceeded the state’s 10 milligram per serving limit for THC, and one-third contained whopping doses of 100 to 325 milligrams.
This article is from Cal NORML’s year-end newsletter. Support Cal NORML and receive our newsletter by becoming a member today.
