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Delta-8 and Hemp THC Laws in California

How California law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: California treats intoxicating hemp products as cannabis. Under AB 8 (Chapter 248, Statutes of 2025, signed October 2, 2025; AB 8, Ch. 248, Stats. 2025; CDPH emergency regulations DPH-24-005 (as described in CDPH, AB 8 Frequently Asked Questions)

Delta-8 and hemp THC productsCalifornia treats intoxicating hemp products as cannabis. Under AB 8 (Chapter 248, Statutes of 2025, signed October 2, 2025; most provisions effective January 1, 2026), hemp extract used in foods, beverages, dietary supplements and pet food may not contain any THC or synthetic cannabinoids, and hemp flower, hemp pre-rolls and inhalable products containing hemp-derived THC may not be sold in California. Emergency regulations in effect since September 23, 2024 require no detectable total THC in hemp foods and beverages, set a minimum age of 21 to buy hemp final-form products intended for human consumption, and limit packages to five servings. Selling intoxicating hemp products in violation of the law can bring the same civil and criminal penalties as cannabis violations.
Some AB 8 changes take effect January 1, 2028, when cannabinoid extraction from hemp moves to Department of Cannabis Control licensing.

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FAQ

Is delta-8 legal in California?
California treats intoxicating hemp products as cannabis. Under AB 8 (Chapter 248, Statutes of 2025, signed October 2, 2025; most provisions effective January 1, 2026), hemp extract used in foods, beverages, dietary supplements and pet food may not contain any THC or synthetic cannabinoids, and hemp flower, hemp pre-rolls and inhalable products containing hemp-derived THC may not be sold in California. Emergency regulations in effect since September 23, 2024 require no detectable total THC in hemp foods and beverages, set a minimum age of 21 to buy hemp final-form products intended for human consumption, and limit packages to five servings. Selling intoxicating hemp products in violation of the law can bring the same civil and criminal penalties as cannabis violations.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.