California is on the cusp of a major regulatory shift for hemp-derived intoxicating cannabinoids. In early September 2025, Assembly Bill 8 (AB 8) advanced decisively through the legislature and is now on Governor Newsom’s desk. The bill’s passage follows an aggressive regulatory push by the California Department of Public Health (CDPH) to stamp out intoxicating hemp from unlicensed markets with emergency rules and robust enforcement, resulting in near-universal compliance across the state (Governor’s Office). If signed, AB 8 will lock in and expand on these restrictions, setting the stage for profound changes across the state’s cannabis and hemp landscapes.
What Does California AB 8 Do?
AB 8 targets so-called 'intoxicating hemp'—including widely available products like delta-8 and THCa vapes, hemp-derived THC gummies, and beverages—by requiring any intoxicating cannabinoid product to transition out of general retail and into the state’s regulated cannabis system. The measure also bans synthetic cannabinoids and tightens enforcement against products that skirt the legal definition of non-intoxicating hemp.
Key Provisions of AB 8:
- Prohibits the sale of intoxicating hemp products outside licensed cannabis dispensaries
- Expands enforcement power for state and local agencies to inspect, seize, and destroy illicit products
- Codifies and builds on CDPH emergency rules that already prohibit sales of products with any detectable THC outside state-licensed dispensaries
- Moves synthetic cannabinoids (including those engineered from CBD isolate) fully under cannabis regulation
- Clarifies testing, labeling, track-and-trace, and packaging rules for all transitioned products
Which Products Are Affected?
Moving Into the Cannabis System
If AB 8 is signed, a broad array of popular hemp-derived cannabinoid products will be prohibited from general retail (e.g., supermarkets, convenience stores, wellness shops, gas stations, or online shipment direct-to-consumer) if they can cause intoxication:
- Delta-8 THC gummies, vapes, and tinctures
- THCa flower, pre-rolls, and concentrates
- Hemp-derived THC beverages (including seltzers, sodas, cocktails, and shots)
- Other semi-synthetic or chemically converted cannabinoids (e.g., delta-10 THC, HHC)
- Synthetic THC or cannabinoid analogs, regardless of original source
These products may only be sold through state-licensed cannabis retailers and delivery services once the transition takes effect.
What Remains in General Retail
The following categories of products will remain permitted in general retail, so long as they fully comply with the permanent CDPH framework:
- Non-intoxicating hemp products with no detectable total THC (including delta-9, delta-8, THCa, or other THC isomers)—typically broad-spectrum/CBD-only tinctures, non-THC topical products, and true fiber/seed items
- Age 21+ restrictions remain: even compliant hemp items (e.g., CBD drinks, topicals, supplements with zero detectable THC) must not be sold to minors
Practical Exclusions
AB 8 solidifies California’s strict definition of unfettered hemp: if any intoxicating potential can be measured or anticipated from a hemp product, it no longer belongs in the wellness aisle.
How Does AB 8 Build on CDPH’s Emergency Rules?
The ongoing emergency rules from CDPH—likely to become permanent before year’s end—already:
- Ban any detectable total THC in foods, beverages, or dietary supplements sold outside licensed cannabis channels (CDPH Press Release).
- Restrict all intoxicating hemp food/beverage products to adults age 21+
- Define stringent serving size/package limits, establish child-resistant packaging expectations, and demand clear testing documentation
AB 8 institutionalizes these rules and closes loopholes by:
- Wrapping all intoxicating hemp products (not just foods/drinks) into the dispensary system
- Adding explicit authorizations for multi-agency enforcement (California Department of Alcoholic Beverage Control, Department of Cannabis Control, local law enforcement)
- Creating a clear, single compliance standard for all intoxicating cannabinoids
Transition Timeline: When Will the Changes Occur?
The transition isn’t immediate. Key dates include:
- 2025: CDPH’s emergency rules will likely become permanent by late fall 2025, effectively maintaining the ban on detectable THC in non-cannabis retail channels
- January 1, 2028: Core provisions of AB 8 would be fully enforced starting this date, giving manufacturers and general retailers a multi-year off-ramp to destock prohibited products, update supply chains, and pivot toward compliant SKUs (AB 8 Bill Text)
- Immediate upon signing: Agencies gain enhanced authority for inspections, seizures, and destruction of products in violation
During the transition period:
- Manufacturers must halt production of intoxicating hemp products for general retail and consider licensing pathways if they want to continue sales (through dispensaries)
- Distributors and retailers have a window to destock inventory or face stepped-up enforcement post-2027
What About Online Sales?
Online sales of intoxicating hemp—often shipped straight to consumer mailboxes to bypass age-gated retail—will also be banned outside the cannabis system starting 2028. Licensed dispensaries may continue e-commerce for cannabis and transitioned hemp items, but delivery must comply with cannabis tracking and recipient ID checks. This closes one of the most exploited loopholes in prior hemp enforcement.
AB 8 and Prop 65: THC Warning Alignment
AB 8 and CDPH’s permanent rules both recognize that intoxicating cannabinoids (including hemp-derived THC) now fall under California’s Prop 65 warning regime for products containing even trace levels of THC. Businesses should anticipate:
- Prop 65-compliant labeling on all cannabis and covered hemp items, including clear warnings about the risks of THC consumption during pregnancy or while operating vehicles
- Increased enforcement—and penalties—against marketers who omit, obscure, or mislead consumers about THC content
Enforcement, Penalties, and Practical Implications
California agencies report near-total compliance with current bans, thanks to coordinated sweeps and robust inspection regimes. AB 8 and permanent CDPH rules provide:
- Expanded authority for seizure and destruction of prohibited products
- Routine multi-agency inspections at both physical stores and warehouses
- Explicit penalties for violations, ranging from administrative fines to possible criminal prosecution for especially egregious or repeated offenses (Governor’s Office)
Manufacturers and retailers caught selling intoxicating hemp outside the legal cannabis system after the final transition date risk:
- Confiscation and destruction of inventory
- Loss of retail and/or manufacturing licenses
- Significant monetary penalties per violation, with increased penalties for distribution to minors
Key Takeaways for Businesses and Consumers
- Manufacturers with intoxicating hemp products must immediately prepare for licensing if they want to remain in the California market post-2027. Explore transitioning SKUs into the cannabis system or reformulate for zero-detectable-THC compliance.
- Retailers should audit inventory, retrain staff, and cease ordering any new intoxicating hemp merchandise destined for sale outside of dispensaries.
- Consumers will see intoxicating hemp (delta-8, THCa, etc.) disappear from gas stations, convenience stores, and most e-commerce channels. Access will be through age-verified state-licensed dispensaries only.
- Prop 65 warnings and enhanced THC labeling standards will now apply to an even broader array of products.
- Online sales of intoxicating hemp will be banned outside the cannabis dispensary framework, with strict ID verification, tracking, and delivery requirements.
Looking Ahead
AB 8 represents California’s most sweeping move yet to harmonize hemp and cannabis regulation, end the intoxicating hemp loophole, and create a level playing field for licensed businesses—while giving industry time to adapt.
If your business is facing the transition, now is the time to review licensing pathways, audit product lines, and start building new compliance and training protocols. Enforcement will only intensify as agencies coordinate under this unified system.
For regular updates, regulatory guides, and hands-on compliance tools as AB 8 progresses, turn to CannabisRegulations.ai—your resource for actionable answers on California cannabis and hemp law.
