California is moving to lock in its 2024 emergency crackdown on intoxicating hemp. In 2025, the California Department of Public Health (CDPH) initiated a permanent rulemaking to preserve core protections from the emergency package—most notably age‑21 sales restrictions, standardized serving sizes and package caps, and a ban on detectable total THC in hemp food, beverage, and dietary products. Expect continued emphasis on online sales enforcement, beverage scrutiny, and closing loopholes around synthetic and isomerized cannabinoids such as delta‑8 and delta‑10.
This update summarizes what would become permanent under the rulemaking, how 2025 Assembly‑level fixes could redefine “intoxicating hemp,” and the operational impacts for manufacturers, retailers, and marketplaces operating in California. If your team follows California hemp emergency regulations 2025, this is your roadmap.
What CDPH’s 2024–2025 emergency rules do now
CDPH’s emergency rules—approved by the Office of Administrative Law (OAL) and effective September 23, 2024—respond to rising health incidents and youth exposure from intoxicating hemp products. They are currently in effect statewide. See the official CDPH emergency rulemaking page for details: https://www.cdph.ca.gov/Programs/OLS/Pages/DPH-24-005E-Emergency-Regulations-for-Industrial-Hemp.aspx and CDPH press notice: https://www.cdph.ca.gov/Programs/OPA/Pages/NR24-26.aspx. The Governor’s announcement is here: https://www.gov.ca.gov/2024/09/06/governor-newsom-issues-regulations-to-protect-kids-from-dangerous-and-intoxicating-hemp-products/.
Age 21 minimum and point‑of‑sale controls
“No detectable total THC” and intoxicating cannabinoid ban
- Retail sale of hemp food, beverage, and dietary products that contain a detectable amount of total THC is unlawful under the emergency rules. CDPH emphasizes removal of products with detectable total THC and other intoxicating cannabinoids from shelves and online stores. See CDPH notice: https://www.cdph.ca.gov/Programs/OPA/Pages/NR24-26.aspx.
- The emergency rules target synthetic, converted, or isomerized cannabinoids marketed as hemp—such as delta‑8, delta‑10, and other analogs or “comparable cannabinoids” associated with intoxicating effects.
Serving size standardization and package caps
- The package sets serving size standards and a maximum number of servings per package for industrial hemp food products to curb high‑dose formats and reduce youth access. CDPH’s rulemaking materials describe limits on servings per package for hemp foods and dietary supplements. See the rulemaking public notice: https://www.cdph.ca.gov/Programs/OLS/CDPH%20Document%20Library/DPH-24-005-Public_Notice1.pdf.
- In practice, because products must have no detectable total THC, serving‑size standardization primarily functions as a packaging control to limit portioning and prevent consumer confusion in multi‑serve items.
Labeling, warnings, and youth‑appeal restrictions
- The emergency rules reinforce adult‑use positioning for compliant hemp items intended for human consumption. Expect 21+ messaging and restrictions against youth‑appealing marketing for products in scope, in addition to existing constraints under AB 45 and the Sherman Food, Drug, and Cosmetic Law.
- CDPH’s statements emphasize consumer warnings and removal of non‑compliant items from shelves and websites. Retailers should ensure prominent “21+ only” notices at point of sale and on e‑commerce.
Online and cross‑border sales enforcement
Making the rules permanent in 2025: Where the OAL/CDPH process stands
CDPH began regular rulemaking in mid‑2025 to cement the emergency rules. Key milestones:
- June 13, 2025: CDPH issued a Notice of Proposed Rulemaking for “Emergency Regulations for Serving Size, Age, and Intoxicating Cannabinoids for Industrial Hemp” to make major emergency provisions permanent. See CDPH public notice (DPH‑24‑005): https://www.cdph.ca.gov/Programs/OLS/CDPH%20Document%20Library/DPH-24-005-Public_Notice1.pdf.
- July 28, 2025: CDPH held a public hearing on the proposed regulations. See coverage from CA NORML: https://www.canorml.org/cdph-holds-hearing-on-ca-hemp-regulations/.
- Comment period: A 45‑day public comment window accompanied the proposal, with additional opportunities if substantive changes are made.
- Next steps: CDPH will respond to comments in a Final Statement of Reasons and submit the final package to OAL for review and approval. The emergency rules remain in effect until the permanent package completes or lapses under OAL timelines.
For background on the 2024 emergency filing, see Marin County’s comment letter citing the OAL file number 2024‑0913‑02E: https://www.marincounty.gov/departments/executive/budget-and-priority-setting/legislative-support-and-advocacy/legislative-letters/sep-18-comment-office-administrative-law-intoxicating-hemp-emergency-regulations and CDPH’s emergency page: https://www.cdph.ca.gov/Programs/OLS/Pages/DPH-24-005E-Emergency-Regulations-for-Industrial-Hemp.aspx. OAL emergency workflow details are here: https://oal.ca.gov/emergency_regulations/emergency_regulations_under_review/.
What’s slated to be made permanent per CDPH’s 2025 proposal (and supporting documents):
- Age gating: 21+ for the sale of industrial hemp final‑form food and dietary products intended for human consumption.
- Serving and portion caps: Standardized serving sizes and maximum servings per package (multi‑serve limits) to curb high‑dose packaging.
- “No detectable total THC”: Continued ban on detectable total THC and intoxicating cannabinoids in hemp foods, beverages, and dietary supplements intended for human consumption.
- Warnings/marketing constraints: Reinforced adult‑use positioning and youth‑appeal limitations consistent with public health and AB 45 standards.
Legislative fixes in 2025: Defining “intoxicating hemp” and boosting enforcement
In parallel with CDPH rulemaking, lawmakers advanced bills in 2025 to clarify “intoxicating hemp” and harden enforcement.
- AB 8 (2025–26): Advanced in 2025 to strengthen protections against intoxicating hemp, including explicit restrictions on synthetic cannabinoids (e.g., delta‑8, delta‑10) and to modernize enforcement authorities. The bill moved through the Assembly in June 2025. See the author’s press update: https://a04.asmdc.org/press-releases/20250605-assembly-passes-ab-8-protect-public-health-and-consumer-safety-against and local government support (e.g., Marin County): https://www.marincounty.gov/departments/executive/budget-and-priority-setting/legislative-support-and-advocacy/legislative-letters/may-9-support-ab-8-strengthening-protections-against-intoxicating-hemp-products.
- Enforcement scope: AB 8 would authorize coordinated inspections and product seizures across CDPH, DCC, CDTFA, and local agencies for non‑compliant hemp and cannabis products, tightening the bridge between the Sherman Law and cannabis statutes.
- Intoxicating definition: Proposals would define “intoxicating hemp products” to capture isomers, analogs, and conversions—not just delta‑9 THC measured by percentage. This would close loopholes exploited by delta‑8/THCA product labeling and conversion chemistry.
Watch for ratio or milligram‑cap ideas
During hearings and stakeholder comments, some parties referenced per‑serving milligram caps and CBD:THC ratio concepts as potential policy tools. CDPH’s Standardized Regulatory Impact Analysis (SRIA) discusses the 10 mg THC per‑serving limit used in the legal cannabis market as a comparative benchmark but does not import it to hemp; the emergency rule is stricter—no detectable total THC. See CDPH SRIA: https://www.cdph.ca.gov/Programs/OLS/CDPH%20Document%20Library/DPH-24-005-SRIA.pdf.
Expect continued debate over whether to allow trace THC at fixed mg thresholds or ratios in adult‑only hemp foods/beverages, versus maintaining a zero‑detect standard. Any such change would come via the legislative process or subsequent CDPH rulemaking—not by inference.
Operational impacts for brands, distributors, retailers, and marketplaces
The combination of CDPH rules and legislative momentum has immediate consequences for cannabis compliance and hemp operations in California:
- Zero‑detect total THC: Reformulate hemp food, beverage, and dietary products intended for human consumption to ensure no detectable total THC under accredited laboratory methods. Maintain batch‑level COAs from ISO/IEC 17025‑accredited labs.
- Isomer/synthetic screening: Exclude delta‑8, delta‑10, HHC, THCP, and other “comparable” intoxicating cannabinoids whether naturally occurring in trace amounts or created via conversion.
- Serving architecture: Design packaging to comply with standardized serving sizes and maximum servings per package (multi‑serve caps). Avoid formats that suggest or enable high‑dose consumption.
Packaging, labeling, and warnings
- Prominently display 21+ restrictions and adult‑use positioning. Avoid youth‑appealing shapes, flavors, and imagery.
- Align ingredient statements, nutrition facts (if applicable), allergen disclosures, and marketing claims with the Sherman Law and AB 45. Do not imply psychoactive effects.
Retail operations and catalog controls
- ID verification: Enforce age 21+ at checkout for in‑store and e‑commerce. For delivery, use robust age and identity verification at the door.
- Product segregation: Separate compliant hemp products from cannabis inventory and disallow any hemp product with detectable THC or intoxicating cannabinoids.
- Local overlays: Monitor city/county policies that may be stricter than state rules. For example, the City of Los Angeles issued a hemp compliance notice addressing where hemp products may be sold locally: https://cannabis.lacity.gov/articles/hemp-compliance-notification-commercial-cannabis-retailers.
E‑commerce and fulfillment policy
- Geo‑fence shipments to block non‑compliant SKUs from shipping into California. Apply zip‑level rules and maintain audit logs.
- Implement 21+ age gating for site access to hemp categories; require age verification before checkout and upon delivery.
- For marketplaces and third‑party sellers, require attestations, COAs, and automated catalog rules to suppress any product flagged for detectable THC or intoxicating cannabinoids.
Beverage category vigilance
- CDPH and local health departments have emphasized beverages and ready‑to‑drink formats in enforcement sweeps. Maintain zero‑detect profiles and compliant serving counts per container.
- Monitor CDPH guidance and any legislative amendments for potential container size expectations or clarifications that could affect single‑serve vs multi‑serve beverage packaging.
Compliance checklist: Do this now
- Audit all hemp food, beverage, and dietary SKUs for total THC = non‑detect and absence of intoxicating cannabinoids (delta‑8, delta‑10, etc.).
- Update packaging to reflect standard serving sizes and max servings per package.
- Add conspicuous 21+ warnings to labels, shelf talkers, menus, and e‑commerce.
- Implement age verification at checkout and delivery; log verification events.
- Update supplier agreements to require ISO/IEC 17025 COAs with total THC non‑detect specs and isomer screening.
- Configure marketplace rules to block SKUs with detectable THC/isomers from California shipping.
- Train staff on emergency rules and pending permanent adoption; prepare for CDPH/local health inspections and embargo powers.
- Review ad claims and creative for youth appeal and psychoactive implications.
- Establish a regulatory watch process for AB 8 and any CDPH updates.
- Document a recall/withdrawal plan to quickly remove non‑compliant inventory if flagged.
Timeline to watch in 2025
Key takeaways
- California is set to institutionalize its emergency hemp framework in 2025: age 21+, no detectable total THC for hemp foods/beverages/dietary supplements, and serving/package caps—with sustained enforcement online and in stores.
- The Legislature is moving to define and ban “intoxicating hemp products” comprehensively (including isomers and conversions) and to expand enforcement tools across CDPH, DCC, CDTFA, and local agencies.
- Manufacturers, retailers, and marketplaces should act now: reformulate to non‑detect THC, implement 21+ age gates, geo‑fence California shipments, and maintain airtight COA and catalog controls.
This article is for informational purposes only and is not legal advice. For tailored compliance support—including SOPs, SKU audits, and marketplace rule design—visit https://cannabisregulations.ai/ and connect with our team.
