Proposed legislation will likely prohibit hemp products from containing more than .3% of any kind of THC, including delta-8. This will make the market for such products very small, or non-existent.
For a state that pioneered medical cannabis and was a relatively early adopter of recreational cannabis (cannabis is defined only as marijuana here and not hemp), California is among the worst states in the union when it comes to sensible hemp-derived CBD policy. So it should surprise absolutely nobody that in legislation that’s designed to “legalize” CBD (AB-45 and SB-235), the state is now coming for delta-8 THC.
Before explaining what delta-8’s fate may be, I’ll provide a brief CliffsNotes for how bad California has handled CBD:
2018: California Department of Public Health (CDPH) issued a FAQ on its website in July 2018 taking the position that CBD ingestibles were unlawful (check out an analysis of mine on those FAQs
here). Over the next few years (according to a bill analysis accompanying AB-45, CDPH issued 13 notices of violation, 7 voluntary condemnation and destruction regulatory letters, and 9 embargoes in the wake of this–all without ever creating a real regulation! Local departments of public health were also active in enforcement.2019: California tried but failed to pass AB-228, which would have legalized CBD.2020: California tried by failed to pass
AB-2827 and
AB-2028 which were both targeted to legalize CBD.2021: AB-45 and SB-235 are both making their way through the California Assembly and Senate, respectively. I’ve summarized these bills
here and
here.
Photo by Christina Winter via Unsplash
The second of those links immediately above describes in detail provisions in these bills designed to outlaw any kind of smokable hemp product. I think these bills are long shots. This is in part due to the smokable hemp bans, which are facing huge industry backlash and severely narrow the market for hemp grown in the state, and in part due to general political reasons and opposition from the cannabis industry and elsewhere.