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Is CBD Legal in California? State Hemp Rules in 2026

As of November 2, 2026: what California law says about CBD foods, hemp THC limits, the 2026 ban on intoxicating hemp, age 21 and the 2028 change.

Last checked: Based on official sourcesNot legal advice.

What's on this page?

In short

As of November 2, 2026, CBD is legal in California in a narrow form. Foods, drinks and supplements may use only CBD or CBN isolate that is more than 99% pure, with no detectable THC per serving. Makers need an authorization from the state health department.[1, 2]

Assembly Bill 8 (Chapter 248, Statutes of 2025) took effect mostly on January 1, 2026. It bans hemp flower, hemp pre-rolls, inhalable hemp products with THC, hemp alcoholic drinks and products with synthetic cannabinoids from sale. Starting January 1, 2028, intoxicating hemp is to be made, tested and sold like cannabis.[1, 3]

Under the state health department's rules, hemp food and drinks cannot be sold to anyone under 21 and can have no more than five servings per package.[2]

At a glance

Is CBD Legal in California? State Hemp Rules in 2026
TopicStatus
Is CBD legal?Yes, in limited forms. Food, drink and supplement makers need an Industrial Hemp Enrollment and Oversight (IHEO) authorization from the California Department of Public Health (CDPH). Topical cosmetics made with hemp extract may contain up to 0.3% total THC on a dry-weight basis. As of November 2, 2026, the Department of Cannabis Control (DCC) also lists hemp products made outside the regulated market among the products California prohibits.[1, 3]
Hemp definition and THC limitCalifornia's hemp rules count total THC, not just delta-9. In a notice published June 13, 2025, which predates Assembly Bill 8, the state health department described the limit as 0.3% total THC, counting delta-8, delta-9, delta-10 and THCA, and says this is stricter than the federal 2018 Farm Bill definition. For food, drinks and supplements, the rule is much stricter: no detectable THC per serving.[2, 4]
CBD in food and drinksAllowed only if the extract is CBD or CBN isolate that is more than 99% of the tested peaks, with no THC and no synthetic cannabinoids. A certificate of analysis must confirm this. Packages may have no more than five servings.[1, 2]
Intoxicating hemp products (delta-8, THCA flower and similar)Since January 1, 2026, hemp flower, pre-rolls with hemp flower or hemp-derived cannabinoids, inhalable products with hemp-derived THC, hemp alcoholic drinks and products with synthetic cannabinoids cannot be sold in California. DCC also lists products made outside the regulated market among the prohibited hemp products. State and local agencies gained new powers to pull these products and fine sellers. From January 1, 2028, intoxicating hemp is to follow the cannabis rules for manufacturing, testing and sale.[1, 3]
Minimum age21 to buy hemp food, drinks and supplements intended for human consumption, under CDPH's regulations. The CDPH rulemaking page says the regular (permanent) rulemaking on serving size and age was approved by the Office of Administrative Law on October 20, 2025.[1, 2]
Who can sell itMakers of hemp food, drinks, supplements, cosmetics and extract need CDPH authorization. The Department of Cannabis Control (DCC) page says that, until DCC adopts new rules, licensed cannabis distributors cannot transport hemp and licensed cannabis retailers cannot sell hemp products. We could not find a statewide retail license for ordinary hemp CBD products, or a rule on online sales or shipping, in the sources we could open as of November 2, 2026.[1, 3]
Labels and lab testingRaw hemp extract must be tested by an independent lab for contaminants and cannabinoids before use. Finished hemp products must meet the same contaminant standards DCC sets for cannabis, such as pesticides, heavy metals and residual solvents. Labs must be licensed by DCC or accredited to ISO/IEC 17025. We could not confirm a QR-code or child-resistant packaging rule for hemp CBD products as of November 2, 2026.[1]
Medical and adult-use marijuanaAdult use is legal for people 21 and older. Medical use is allowed from age 18 with a physician's recommendation. Adults 21 and older may grow up to six plants at home, and local rules may add limits. Cannabis retailers must hold a DCC license.[5]
November 12 and December 11, 2026California's hemp rules use their own state definitions and are already stricter than the federal change for foods and drinks (no detectable THC per serving, compared with the federal 0.4 mg total THC per container). We did not find a California provision that automatically follows the federal definition. This is our reading, not an official statement, and the CDPH and DCC pages we opened do not mention the federal change.[1, 3, 4, 6, 7]

What counts as hemp and how much THC is allowed

California regulates hemp through the Industrial Hemp Enrollment and Oversight program at CDPH. Anyone who makes industrial hemp products or extracts cannabinoids from hemp needs an IHEO authorization.[1]

In a notice published June 13, 2025, before AB 8 was signed, CDPH said California's hemp law at the time limited total THC to 0.3%, counting delta-8, delta-9, delta-10 and THCA. It describes this as stricter than the federal 2018 definition, which looked only at delta-9 THC. California also bars THC isolate as an added ingredient and bars cannabinoids made by chemical synthesis.[4]

For cosmetics, hemp extract used in topical products may contain up to 0.3% total THC on a dry-weight basis. Makers need an IHEO authorization and a cosmetic manufacturing registration.[1]

CBD in food, drinks and supplements

Since January 1, 2026, hemp extract used in food, food additives, beverages, dietary supplements and processed pet food cannot contain THC or synthetic cannabinoids. A certificate of analysis must show that CBD or CBN is more than 99% of the total integrated chromatographic peaks tested.[1]

CDPH's emergency regulations took effect September 23, 2024 and were readopted March 24, 2025. They require no detectable total THC in hemp food, drinks and supplements for people, set a minimum purchase age of 21, and limit packages to five servings. CDPH lists the regular rulemaking on serving size and age as approved by the Office of Administrative Law on October 20, 2025. The page we opened does not give the effective date of the permanent rules.[2]

The list of cannabinoids treated as THC (17 CCR section 23010) went through a separate rulemaking. CDPH lists it as approved by the Office of Administrative Law on April 21, 2026.[2]

CDPH says it can embargo adulterated foods and cosmetics, issue penalties, and suspend or revoke authorizations.[1]

Intoxicating hemp products

AB 8 was signed on October 2, 2025. CDPH says it treats intoxicating hemp products as cannabis. Starting January 1, 2026, hemp flower, pre-rolls with hemp flower or hemp-derived cannabinoids, and inhalable products with hemp-derived THC cannot be sold, offered or provided in California.[1]

DCC's hemp page adds hemp alcoholic drinks, products with synthetic cannabinoids, and products made outside the regulated market to the banned list. Enforcement powers for state and local agencies began January 1, 2026. Businesses that make or sell intoxicating hemp in violation of the law may face the same civil and criminal penalties as illegal cannabis.[1, 3]

Hemp inhalable products may still be made in California for sale in other states. They must stay under 0.3% THC, confirmed by a certificate of analysis.[1]

What changes on January 1, 2028

Starting January 1, 2028, anyone who extracts cannabinoids from hemp must be licensed by DCC. DCC says intoxicating hemp must then be made, tested and sold like medicinal and adult-use cannabis, and THC-containing hemp will face the same taxes as cannabis.[1, 3]

DCC still has to write rules on testing, product safety and other topics for this change. CDPH continues to authorize hemp food, drinks, supplements, pet food and cosmetics after 2028, but it will stop issuing authorizations for hemp inhalable products.[1, 3]

How California's rules relate to the federal change

As of November 2, 2026, the CDPH and DCC pages we opened did not mention the federal hemp change dated November 12 and December 11, 2026. California defines hemp and THC in its own law and regulations. For food and drinks, the state's no-detectable-THC rule is already tighter than the federal limit of 0.4 mg total THC per container.[1, 2, 3, 6, 7]

Our reading is that the state rules do not depend on the federal definition, but we could not open the statute text to confirm this. Topical products with up to 0.3% THC could still contain more than 0.4 mg of THC in a container. California does not appear to use the federal container limit.[1, 6, 7]

What changes next

  1. Hemp joins the cannabis system

    Intoxicating hemp is to be made, tested and sold like cannabis, and DCC licenses anyone who extracts cannabinoids from hemp. DCC rules are still to be written.[1, 3]

Who regulates hemp and CBD

Timeline

  1. CDPH emergency hemp regulations take effect

    No detectable total THC in hemp food, drinks and supplements for people, minimum purchase age 21, no more than five servings per package.[2]

  2. Emergency regulations readopted

    CDPH readopted the emergency regulations, effective March 24, 2025.[2]

  3. AB 8 signed

    Governor Newsom signed Assembly Bill 8 (Chapter 248, Statutes of 2025).[1]

  4. Serving size and age rules approved as regular rulemaking

    The Office of Administrative Law approved CDPH's regular rulemaking on serving size and age, per CDPH's rulemaking page.[2]

  5. Most of AB 8 takes effect

    Bans on hemp flower, hemp pre-rolls, inhalable hemp with THC, hemp alcoholic drinks and synthetic cannabinoid products; new enforcement powers; 99% isolate rule for foods.[1, 3]

  6. List of intoxicating cannabinoids approved

    CDPH lists its regular rulemaking on the list of cannabinoids as approved by the Office of Administrative Law.[2]

Sources

Show 7 references
  1. Assembly Bill 8 Frequently Asked Questions (CDPH)
  2. DPH-24-005 Emergency and Regular Rulemaking Regulation for Serving Size, Age, and Intoxicating Cannabinoids for Industrial Hemp (CDPH Office of Regulations)
  3. Hemp (California Department of Cannabis Control)
  4. Notice of Proposed Rulemaking, Title 17 CCR, Serving Size and Age for Industrial Hemp (DPH-24-005), published June 13, 2025
  5. What's legal (California Department of Cannabis Control)
  6. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  7. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension

Other states

CBD in the United States · Alabama · Alaska · Arizona · Arkansas · Colorado · Delaware · District of Columbia · Florida · Georgia · Illinois · Iowa · Kansas · Maine · Maryland · Minnesota · Mississippi · Montana · New Jersey · New York · North Dakota · Oklahoma · Pennsylvania · South Carolina · South Dakota · Texas · Virginia · Washington · West Virginia · Wyoming · CBD laws by country

About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.