Assembly Passes AB 8 to Protect Public Health and Consumer Safety Against Illegal Intoxicating Hemp

(SACRAMENTO, CA) — This week the California State Assembly passed Assembly Bill 8 (AB 8) with a strong bipartisan vote of 73-1-5, authored by Majority Leader Cecilia Aguiar-Curry (D-Winters), which strengthens enforcement against intoxicating hemp products and creates a unified regulatory framework for legal hemp and cannabis. The bill goes to the State Senate for consideration.

“I authored AB 45 in 2021 to create a well-regulated and safe hemp market for California, but bad actors have abused it to sell intoxicating hemp products outside dispensaries and without age limits. This is illegal and is absolutely unacceptable.” said Majority Leader Aguiar-Curry. “AB 8 is an important step forward in protecting our kids and ensuring intoxicating products are sold safely and legally. By closing dangerous loopholes, we’re reinforcing our commitment to responsible regulation and supporting struggling legal businesses competing with illegal markets.”

AB 8 targets the sale of intoxicating hemp with stronger bans on synthetic cannabinoids—such as Delta-8 and Delta-10—to restrict hemp products with natural THC for sale by licensed cannabis retailers. It grants state and local public health officials greater enforcement authority to seize and destroy illegal hemp products. The bill also integrates non-intoxicating hemp cannabinoids like CBD into California’s legal cannabis framework, maintaining consistent testing and safety standards. It also subjects hemp products containing any level of THC to the cannabis excise tax, to generate new revenue for community programs and state enforcement efforts.

AB 8 is backed by a broad coalition of law enforcement and school safety organizations, local governments, legal cannabis operators, and labor groups that have this to say about the bill:

“With overwhelming bipartisan support, the assembly sent a powerful message; California will no longer allow intoxicating hemp products to bypass our state’s rigorous cannabis laws, endanger public health, and undermine licensed operators,” said Amy O'Gorman Jenkins, executive director of the California Cannabis Operators Association. “AB 8 provides the comprehensive, science-based framework we need to protect consumers, safeguard youth, restore fairness, and stabilize the legal market. We are grateful to Majority Leader Aguiar-Curry for her leadership and urge the senate to act swiftly.”

“The Hemp Hoax report revealed what many of us in the regulated market already suspected—the vast majority of so-called ‘hemp’ products sold outside the cannabis system are mislabeled, intoxicating, and laced with illegal synthetics,” said Tiffany Devitt, director of regulatory affairs for CannaCraft and March & Ash. “AB 8 is a public health necessity and a regulatory reset that puts California back on track.”

Aguiar-Curry concludes, “Unregulated, synthetic hemp intoxicants are flooding our communities and AB 8 makes sure only safe, tested products are available to California consumers. The bottom line is products that get you high shouldn’t be available to our kids. So, I’m thrilled to see AB 8 make its way to the State Senate, which means we’re one step closer to cracking down on intoxicating products.”