Are industrial hemp and cannabis regulated differently in California?​

Yes. AB 45 provided the regulatory framework for industrial hemp and its derivatives in specific products. The California Department of Public Health (CDPH) is developing the framework for the implementation of many of the requirements of the law. However, the Medicinal and Adult Use Cannabis Regulation and Safety Act is the law for cannabis businesses. It established the framework for the legal cannabis market. The Department of Cannabis Control has primary regulatory oversight authority of cannabis products. Cannabis does not include industrial hemp, and AB 45 does not apply to cannabis.

What forms of cannabinoids may not be allowed in industrial hemp products in California?​

 IH products must contain a Total THC concentration of no more than 0.3%.

• If Total THC exceeds this limit, then these products will violate the CA industrial hemp law will be deemed adulterated. 
• Total THC is currently defined as (THCA) + (Delta8 THC) + (Delta9 THC) + (Delta10 THC). 

IH products must n​​​​​​ot​​​​ contain THC isolate as an ingredient.

• If the industrial hemp products contain any THC isolate, then they will be deemed adulterated products according to the CA Industrial Hemp law. Such THC isolates may include Delta-8, Delta-9, and Delta-10.
  

IH products must n​​​ot contain cannabino​ids produced through chemical synthesis.

• Although, the CA Industrial Hemp law includes naturally occurring Delta- 8 and Delta-10 THC extracted from the Cannabis Sativa L. plant as part of the Total THC definition, most of the products that contain these cannabinoids of similar THC analogs may be produced with chemically synthesized forms. If they are chemically synthesized, then they are not allowed.
• Other possible illegal chemically synthesized cannabinoid ingredient(s) that the Department has become aware of in our regulated products include the following:

• Delta-11
• THC-0
• THC-P
  
• THCV
• THC-JD
• HHC
• HHC-0

Who is the regulatory authority for industrial hemp products intended for human consumption or for pet food?​​

The California Department of Public Health (CDPH) is actively engaging with stakeholders to fully develop an effective program which protects consumers and enables industry to operate legally in California. CDPH has regulatory authority over industrial hemp products outlined in AB 45. Notice of any proposed regulations can be found on the CDPH Office of Regulations webpage.

Businesses engaged in the manufacturing, packing, distributing, or holding of industrial hemp products are required to register with CDPH and obtain an IHEO. Products found at most retail facilities are subject to enforcement authority via the local enforcement agencies as well as other remedies available by law.  

​How can local agencies refer possible noncompliant products to CDPH?​

Industrial hemp products sold at retail must come from approved sources. Local health authorities may verify compliance of industrial hemp products meet AB 45 requirements. Local agencies and the public may report complaints to CDPH via various methods.

In addition, state, local or law enforcement authorities have additional inspection authorities for industrial hemp plant material, raw extract, intermediary industrial hemp products, and final finished products pursuant to AB 45 (see Health and Safety Code 111927.2) as follows:

• May review handling and transportation at any point in the supply chain
  
• Take samples at any point in the supply chain and test samples
• Notify CDPH of noncompliance

Please visit our Consumer Complaint website for information on how to report a complaint.

Where can I read the text of AB 45?​

You may read the law on the California Legislative Information website. 

Besides the specific requirements of AB 45, what laws apply to my IH food or cosmetic product business?​​ ​

Food manufacturers who include industrial hemp in their product must follow all food safety laws and regulations. Some of the applicable statutes include:

• California Health and Safety Code (HSC) Section 109875 et. Seq. (Sherman Food, Drug and Cosmetic Law).
• HSC Section 111950 – 112130 (California Food Sanitation Law)
• Pure Pet Food Act (HSC 113025 et. seq.)
• Title 21 Code of Federal Regulations (CFR), Part 117 (Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food).
• Title 21 CFR, Part 111 (Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements).
• Title 21 CFR, Part 101 (Food Labeling)
• Title 21 CFR, Part 113 (Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers)
• Title 21 CFR, Part 114 (Acidified Foods)
• Federal Food, Drug, and Cosmetic Act (FD&C Act)
• Fair Packaging and Labeling Act (FPLA)

Cosmetics:

• California Health and Safety Code (HSC) Section 109875 et. Seq. (Sherman Food, Drug and Cosmetic Law)
• California Safe Cosmetics Act of 2005 ​
  
• Federal Food, Drug, and Cosmetic Act (FD&C Act)
• Fair Packaging and Labeling Act (FPLA)

What if the federal government issues regulations later?​​​

California laws and regulations will remain in effect until the federal government adopts regulations for industrial hemp products. At that time, CDPH will adopt new regulations if necessary.​