If you live in California, you’re probably wondering why you suddenly can’t buy your favorite hemp gummies and beverages anymore, or why online retailers can’t ship those to you now. 

What changed?

It’s complicated. 

To uncomplicate it, we combed through all the applicable state laws and regulations to explain everything in plain English, all in one place. For fast facts, read the summaries. For enough information to dominate casual conversations about this issue, read the full explanations. 

What You Need to Know Immediately

Effective Jan. 1, 2026, in California:

  • “THC” now means the sum total of 30 kinds of THC (full list here), not just delta-9 THC.
  • Hemp consumables (gummies, beverages, etc.) must contain 0% THC (not even 0.3%), and must demonstrate a purity level above 99% for CBD and/or CBN.
  • Hemp cosmetics must contain 0% THC, unless they are topically applied cosmetics (lotions, oil, etc.), in which case they must contain less than 0.3% THC.
  • You can’t buy, offer, provide, sell or deliver hemp flowers or inhalable hemp products (prerolls, etc.) in the state, but you’re still allowed to manufacture those if you aren’t going to sell them in California and they contain less than 0.3% THC. 
  • Cannabis and cannabis-derived products can’t be sold in businesses where tobacco products (cigarettes, etc.) are sold.

Read our comparison of THC bans with Prohibition-era alcohol bans in “Is Delta-8 Bootlegged THC?”. (Note: Delta-8 THC was still legal in California when that article was first published.) Image credit: fokusiert / 123rf.com

Editor’s Note: The following information is current as of April 26, 2026, and is subject to change following this article’s publication, without Head Magazine’s knowledge. Consult all hyperlinked primary references for the most up-to-date information, and consult a legal professional for the most accurate interpretations of each reference; the following does not constitute legal counsel.

Photo by Mikhail Nilov/ pexels.com

What the Law Says

All of the changes concerning consumable, cosmetic, raw and inhalable hemp products are in Assembly Bill (AB) 8 Cannabis: cannabinoids: industrial hemp. California Governor Gavin Newsom approved AB 8 on Oct. 2, 2025, and AB 8 took effect on Jan. 1, 2026. 

Note: California’s laws distinguish “hemp” from “cannabis,” overlooking the fact that hemp is cannabis. (That’s like saying, “This soda is either Sprite or soda.”) In H.R.2. Section 297A(1) and Section 12619(a)(2)(B), respectively, the U.S. government divides cannabis into two categories: hemp (≤ 0.3% THC) and marihuana (> 0.3% THC). (That’s like saying, “This soda is either Sprite or Coke.”) This article uses California’s substitution of “marihuana” with “cannabis” for consistency with the sources cited.

1. The definition of THC has been expanded exponentially. 

Summary

Before AB 8 took effect, “THC” was synonymous with “delta-9 THC.” Now, “THC” refers to the sum total of every natural and synthetic THC compound in existence — even the ones with no psychoactive effects. The amounts of these compounds are combined to determine “total THC” (shortened to “THC” in the laws).

  • Old definition’s equation: THC = delta-9
    • Example: A plant with 0.29% delta-9 THC contains 0.29% THC.
  • New definition’s equation: total THC = delta-5 + delta-6 + delta-6a + delta-7 + delta-8 + delta-9 + delta-10 + delta-10a + delta-11 + THCA + … (30 compounds total) 
    • Example: A plant with 0.29% delta-9 THC, 25% THCA, and 0% of the other 28 THC compounds contains 25.29% THC.

Full Explanation

AB 8 Section 111920(l) defines “THC” (synonymous with the phrase “THC or comparable cannabinoid”) as any of the following:

  • Tetrahydrocannabinolic acid (THCA)
  • All delta forms (delta-8, -9, -10, etc.) 
  • Any cannabinoid other than cannabidiol (CBD) that causes intoxication

The definition derives from and is identical to the definition given in California Health and Safety Code (HSC) Division 104, Part 5, Chapter 9, Section 111920(l). 

Curious about a lesser-known THC compound? Check out “The Beginner’s Guide To Delta 10 THC.”

Here’s where things get murky and vulnerable to exploitation.

AB 8 allows for the exception granted in Division 104, Part 5, Chapter 9, Section 111921.7(a). There, the HSC states that the California Department of Public Health (DPH) can exclude from the law’s THC definition any THC compounds that the department determines do not cause intoxication. 

Yet, the compound that’s first in the list of what “THC” means is THCA, a compound that is chemically incapable of causing intoxication. Why didn’t the DPH exclude it from the legal definition of “THC” in the first place? Also, why is THCA included in the California Code of Regulations’ (CCR) 30-item list of intoxicating cannabinoids in Title 17, Division 1, Chapter 5, Subchapter 2.6, Article 2, Section 23010?

Equally confusing, THCA is singled out as a discrete compound for AB 8’s means of determining a plant/product’s total THC, which AB 8 Section 111920(n) defines as “the sum of THC and THCA.” If THCA is included in the definition of “THC” in Section 111920(l), why does it stand alone in Section 111920(n)? 

The same document handles the same compound differently — even though the percentage of THCA could mean the difference between a plant/product being treated like cannabis instead of hemp. Considering that the THCA percentage is typically the largest number on a hemp product’s label, this discrepancy is nothing to ignore. 

Also noteworthy, California’s Food and Agricultural Code (FAC) — arguably of more immediate relevance to a plant — defines THC as delta-9 and nothing more. FAC Division 24, Section 81000(11) states: “‘THC’ means delta-9 tetrahydrocannabinol.” Unlike AB 8 and the HSC, the FAC makes no mention of THCA or any other THC compound.

The federal government’s legislation governing cannabis also contains major discrepancies, as we explain in “The Illogic of Illegal Weed: A Comprehensive Analysis.” Photo by Tony Webster from Minneapolis, Minnesota, United States, CC BY-SA 2.0 via Wikimedia Commons

2. The language in hemp’s definition didn’t change, but the meaning of it did.

Summary: Hemp is still defined as cannabis with no more than 0.3% THC on a dry-weight basis. However, that 0.3% adds up a lot faster now that it’s the sum of 30 measurements instead of one measurement.

Full Explanation

California’s definition of hemp (synonymous with “industrial hemp”) is in HSC Division 10, Chapter 1, Section 11018.5(a)(1):

“Industrial hemp” or “hemp” means types of the plant Cannabis sativa Linnaeus or any part of that plant with a total tetrahydrocannabinol [THC] concentration of no more than 0.3 percent on a dry weight basis and is limited to only agricultural products, including seeds, propagated plant material, immature or mature plants, harvested plants, mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any preparation that does not contain cannabinoids.

By shrinking what qualifies as hemp, AB 8 inversely expanded what qualifies as cannabis. The expectation that a hemp plant contain 0% THC when “THC” encompasses every THC compound in existence, combined, puts hemp in a much smaller bucket now. Photo by Jonathan Cooper/pexels.com

Here’s another discrepancy though.

FAC Division 24, Section 8100(7) contradicts the definition in the HSC (and, by proxy, AB 8) by referring only to delta-9 THC:

“Industrial hemp” or “hemp” means an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. (Emphasis added)

With the new interpretation of hemp’s definition, hemp flowers — which not only can’t get you high but also make a great smoothie — can no longer be sold, offered or provided in California. Photo for illustrative purposes only. Photo by Anna Tarazevich / pexels.com

3. The total THC concentration in hemp-derived consumables must be 0%.

Summary

Before this law took effect, hemp-derived consumables (gummies, beverages, etc.) could contain up to 0.3% THC, and “THC” referred exclusively to delta-9 THC. Now, even if a hemp consumable contains 0% delta-9 but has 0.1% THCA, California bans it.

Pets are impacted by the THC ban in hemp products too, as AB 8 explicitly includes them in Section 111920(g)(B). Our features “Lillie’s Story: How CBD Changed the Life of a Dog and Launched a Rescue” and “CBD and My Cat” show how important hemp consumables are to our furry friends when they’re suffering. Photo of Lee Asher and Lillie by Luke Barton.

Full Explanation

AB 8 Section 111921.1 states that hemp can’t be incorporated into a consumable unless it contains CBD and/or CBN with a purity level above 99% and contains no THC or synthetic cannabinoids. The latter point is restated in AB 8 Section 111925.2. However, the way to prove that the plant/product contains no THC (natural or synthetic) employs circular logic in AB 8 Section 111018.5(a)(2): 

Total tetrahydrocannabinol [THC] concentration … shall be calculated using the following equation: Total THC concentration (mg/g) +/- the measurement of uncertainty, as defined by the Department of Food and Agriculture.

That’s like saying, “To find the value of x, either add x to y or subtract y from x.” You’re still left asking, “What is x?”

An expanded definition of “no THC” provides greater accuracy as “acceptable hemp THC level.” CCR Title 3, Division 4, Chapter 8, Article 1, Section 4890(a)(1) defines this as a THC concentration that “falls within the distribution or range that includes three-tenths of one percent [0.3%] or less that is produced when the measurement of uncertainty is applied to the reported THC concentration.” 

Why were the AB 8 authors so vague when they could have used this incredibly clear, perfectly plain language? AB 8 is full of cross-references, constantly telling the reader to look somewhere else for an answer instead of providing the answer in the bill itself, so that would have been the standard operating procedure. And yet, the authors left this somewhat open-ended.

Why does AB 8 contain so many serious internal discrepancies and contradict other active laws regulating hemp? Photo by Ron Lach/pexels.com

Returning to the means of establishing the total THC concentration, the measure of uncertainty is defined in FAC Division 24, Section 81000 as “the parameter associated with the result of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.” To untangle that word-knot, here’s a reader-friendly example from the aforementioned Section 4890(a)(1): 

If the reported THC concentration of a sample is 0.35% and the measurement of uncertainty is ± 0.06%, the measured THC concentration would range from 0.29% to 0.41%. Because 0.3% is within the distribution or range, the sample is within the acceptable hemp THC level.

In that explanation, both the reported THC concentration and the measurement of uncertainty come from whichever laboratory tested the cannabis. Per AB 8 Section 3, Section 26001(bg), that laboratory must be both licensed by the California Department of Cannabis Control (DCC) and accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state. Notably, the laboratory itself isn’t part of the government, notwithstanding the involvement of the DCC licensing team. 

You’ll appreciate the noble efforts of cannabis-testing labs more if you read “What Does ‘Full Spectrum’ on Your Product Package Really Mean?”.

In Case You Thought This Ban Had Already Happened …

Texas very nearly adopted the same ban in June 2025, but Texas Governor Greg Abbott vetoed the bill at the last minute, or it would have taken effect in September of that year. In October, California passed AB 8, and in November, the federal government passed the same ban. 

However, whereas the federal government needed a year to put it into effect (on Nov. 12, 2026), California enacted the bill only three months after passing it. How so? The legislative framework was already in place under the 2024 emergency regulation DPH-23-005E, Regulations for Serving Size, Age, and Intoxicating Cannabinoids for Industrial Hemp. Although AB 8 got far more media attention, both California’s expanded definition of “THC” and its THC ban in hemp consumables predate that bill by over a year.

California’s new normal suits the world’s peculiar zeitgeist in the 2020s, described beautifully in “21st Century … High? Is The 21st Century Really Happening, Or Are We All Just High?”.

Conclusion

We hope that this analysis cleared up any confusion that you might have had over what changed in California in early 2026. At a minimum, this article gives you a hub for all the laws, codes and regulations that contain answers to any lingering questions (and ample reading material for the exceptionally curious, too). Stay informed as hemp laws continue to shift in other states and at the federal level. As Bob Dylan said, “The times they are a-changin’.”

The information in this article and any included images are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis or treatment. If you have any concerns or questions about laws, regulations or your health, you should always consult an attorney, physician or other licensed professional.

Kathleen Hearons is a writer, editor, linguist and voice over actor from Los Angeles. She specializes in creative writing and research-intensive analysis and reporting.

 

Sources & Suggested Reading

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“Analytical Lab Testing Requirements for Cannabis Labs in California.” Lighthouse Lab Services. July 8, 2024. Accessed April 25, 2026. https://www.lighthouselabservices.com/analytical-lab-testing-requirements-for-cannabis-labs-in-california/. 

“Assembly Bill (AB) 8 Cannabis: Cannabinoids: Industrial Hemp — Frequently Asked Questions (FAQs)​.” Food and Drug Branch, California Department of Public Health. Last modified Jan. 27, 2026. Accessed April 25, 2026. https://www.cdph.ca.gov/Programs/CEH/DFDCS/Pages/FDBPrograms/FoodSafetyProgram/AssemblyBill8FAQ.aspx. 

California Business and Professions Code, Division 10, Chapter 1, Section 26001(bf). Accessed April 26, 2026. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=26001.&nodeTreePath=14.1&lawCode=BPC. 

California Code of Regulations, Title 3, Division 4, Chapter 8, Article 1. Accessed April 26, 2026. https://govt.westlaw.com/calregs/Document/ICB7A09F06B3B11EF8198CC868B2DF6D5?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default). 

California Code of Regulations, Title 17, Division 1, Chapter 5, Subchapter 2.6, Article 2, Section 2310 – List of Intoxicating Cannabinoids. Last updated April 17, 2026. Accessed April 26, 2026. https://govt.westlaw.com/calregs/Document/I44CFB70081B211EF8AEAA4AFAECD2E49?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default). 

California Department of Cannabis Control. Accessed April 26, 2026. https://www.cannabis.ca.gov/. 

California Food & Agricultural Code, Division 24, Section 81000. Accessed April 26, 2026. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=81000.&nodeTreePath=26&lawCode=FAC. 

California Health and Safety Code. Accessed April 26, 2026. https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=HSC&tocTitle=+Health+and+Safety+Code+-+HSC. 

California Health and Safety Code, Division 10, Chapter 1, Section 11018. Accessed April 26, 2026. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11018.&nodeTreePath=14.1&lawCode=HSC. 

California Health and Safety Code, Division 10, Chapter 1, Section 11018.5. Accessed April 26, 2026. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11018.5.&lawCode=HSC. 

California Health and Safety Code, Division 104, Part 5, Chapter 9, Section 111920. Accessed April 25, 2026. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=111920.&nodeTreePath=46.5.12.1&lawCode=HSC. 

California Health and Safety Code, Division 104, Part 5, Chapter 9, Section 111921.7. Accessed April 25, 2026. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=111921.7. 

California Revenue and Taxation Code, Division 2, Part 14.5, Chapter 1. Accessed April 26, 2026. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=RTC&sectionNum=34010. 

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