Author: Dale HewettTL;DR – Yes, hemp-derived CBD is legal in California. Following the 2018 Farm Bill and California’s own AB 45 (signed in 2021), hemp-derived CBD products containing no more than 0.3% delta-9 THC are legal to purchase, possess, and use in California without a prescription. California also has one of the largest recreational cannabis markets in the world, but hemp CBD operates under a separate legal framework and is available to all adults without a medical card or cannabis license.
California’s Hemp and CBD Legal Framework
California has long been at the forefront of cannabis policy in the United States, having launched the nation’s first medical marijuana program in 1996 with Proposition 215. The state legalized recreational marijuana for adults 21 and over through Proposition 64 in 2016, creating one of the largest regulated cannabis markets in the world. However, the legalization of marijuana did not automatically resolve the legal status of hemp-derived CBD, which has its own distinct regulatory history.
After the 2018 Farm Bill removed hemp from the federal Controlled Substances Act, California took several years to develop a comprehensive framework for hemp products. The state’s existing cannabis regulations created some tension with the federal hemp framework, particularly around CBD in food and beverages. California’s Department of Public Health initially took a restrictive position on CBD in food, but the legislative picture changed significantly with Assembly Bill 45, signed into law by Governor Gavin Newsom in October 2021.
AB 45 established California’s formal hemp program and, importantly, authorized the use of hemp-derived CBD in food, dietary supplements, beverages, and cosmetics under specified conditions. This made California’s framework for hemp CBD among the more permissive in the country on the food and beverage front, filling a gap that federal FDA rules have left open. As a result, California consumers can now legally purchase and use hemp CBD products in virtually every format.
Federal Law and California’s Hemp Framework
The 2018 Farm Bill (7 U.S.C. § 1639o) is the federal foundation underlying California’s hemp program. By defining hemp as cannabis with no more than 0.3% delta-9 THC on a dry weight basis and removing it from the Controlled Substances Act, Congress created the national framework on which state hemp programs are built. CBD derived from compliant hemp is not a controlled substance under federal law.
California’s AB 45 builds on this federal framework by establishing state-specific rules for hemp-derived CBD in the California market. The law requires that hemp products sold in California meet the federal 0.3% THC threshold, come with adequate labeling, and be accompanied by third-party testing documentation. Retailers selling hemp CBD products must ensure their products comply with AB 45’s requirements, including a prohibition on products marketed to minors and rules around structure/function claims.
AB 45 and California-Specific Rules
Assembly Bill 45 is the most important piece of California-specific legislation for hemp CBD consumers to understand. Among its key provisions, AB 45 authorized hemp-derived CBD as an ingredient in food, dietary supplements, beverages, and cosmetics in California — going further than federal FDA rules in explicitly permitting these uses at the state level. The law sets a maximum daily intake limit for CBD in foods and supplements and requires that manufacturers register with the California Department of Public Health.
AB 45 also established that hemp products sold in California must be tested by an independent ISO/IEC 17025-accredited laboratory. The testing must confirm THC compliance and screen for contaminants including heavy metals, pesticides, mycotoxins, and residual solvents. This is a higher testing standard than many other states impose and reflects California’s generally rigorous approach to consumer product safety.
The law prohibits hemp CBD products from being marketed to individuals under 21. This is a notable California-specific restriction that does not exist at the federal level or in most other states. Retailers in California are expected to verify that purchasers are 21 or older. Additionally, hemp CBD products cannot claim to diagnose, treat, cure, or prevent any disease — consistent with FDA guidelines on this point.
Delta-8 THC and Novel Hemp Cannabinoids in California
California has taken a relatively clear position on delta-8 THC and similar hemp-derived cannabinoids that have intoxicating properties. Because California has a mature licensed cannabis market, the state has an interest in ensuring that intoxicating cannabinoids are channeled through the licensed system rather than sold as unregulated hemp products. The California Department of Public Health has taken the position that intoxicating hemp-derived cannabinoids, including delta-8 THC, are not permissible under AB 45 and should instead be regulated under the cannabis licensing framework.
This means that delta-8 THC products sold as hemp products are in a legally questionable position in California. Consumers interested in delta-8 in California should be aware of this regulatory position. Non-intoxicating hemp CBD products, however, are clearly legal under AB 45 and the federal hemp framework.
Where to Buy CBD in California
California’s enormous market means that hemp CBD products are available essentially everywhere in the state. You can find them at dedicated CBD shops, health food stores, yoga studios, spas, pharmacies, grocery chains, and an expanding number of general wellness retailers. Cities like Los Angeles, San Francisco, San Diego, Sacramento, and their surrounding regions have especially dense concentrations of CBD retailers. California also has a robust online purchasing culture, and residents can order from national brands that ship hemp CBD products to California addresses.
When purchasing in California, look for products that comply with AB 45 requirements — specifically, products tested by an accredited laboratory with a current Certificate of Analysis showing the cannabinoid profile and contaminant testing results. New Phase Blends makes COAs available for all of its products, providing the transparency that California’s regulatory framework and informed consumers demand.
CBD Product Types in California
California’s AB 45 explicitly authorized hemp CBD in food, beverages, dietary supplements, and cosmetics, making the range of available product formats among the broadest in the country. CBD oils and tinctures are widely available. Gummies, capsules, and other ingestible products are sold in health food stores and supplement shops throughout the state. CBD-infused beverages — teas, waters, coffees, and functional drinks — are sold at specialty retailers across California. Topical products including balms, lotions, and facial products are common in the state’s extensive wellness retail sector.
Hemp CBD products for pets are legal in California under the hemp framework. California’s pet-conscious culture has embraced CBD for animals, and products for dogs, cats, and horses are available at specialty pet retailers and online.
Frequently Asked Questions About CBD in California
Is CBD legal in California for adults under 21?
No. Assembly Bill 45 established a minimum age of 21 for the purchase of hemp CBD products in California. This is stricter than the federal hemp framework and more conservative than most other states. Retailers are required to verify purchaser age.
Is CBD in food and beverages legal in California?
Yes. AB 45 explicitly authorized hemp-derived CBD as an ingredient in food, beverages, and dietary supplements in California under specified conditions, making California one of the few states to formally legalize CBD in food at the state level. Products must meet AB 45 requirements including testing standards and maximum CBD content rules.
Does California’s recreational marijuana law affect hemp CBD?
No. Hemp CBD and recreational marijuana operate under completely separate regulatory frameworks in California. Hemp CBD under AB 45 is available to adults 21 and over without a cannabis license or dispensary visit. Recreational marijuana products are regulated by the Department of Cannabis Control and available only through licensed cannabis retailers.
What is the THC limit for hemp CBD in California?
California follows the federal definition: hemp products must contain no more than 0.3% delta-9 THC on a dry weight basis. Products above this threshold must be sold through California’s licensed cannabis market.
How do I verify a CBD product complies with California law?
Look for a Certificate of Analysis from an ISO/IEC 17025-accredited third-party laboratory. A compliant California COA will confirm CBD content, verify THC is within the legal limit, and include results for a full panel of contaminant tests. AB 45 requires this testing standard, and reputable brands provide COAs publicly.
Related State CBD Law Guides
CBD regulations vary from state to state. If you are researching hemp-derived CBD laws in a neighboring or comparable state, the following guides cover similar ground. For a complete federal overview, see our guide to federal hemp law in the United States.
Explore: CBD Laws in Alaska | CBD Laws in Hawaii
References
Agricultural Improvement Act of 2018, Pub. L. No. 115-334, 7 U.S.C. § 1639o (2018). Hemp farming. https://www.congress.gov/bill/115th-congress/house-bill/2
California Assembly Bill 45 (2021). Industrial hemp. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB45
California Department of Public Health. (2023). Industrial hemp program. https://www.cdph.ca.gov/Programs/CEH/DFDCS/CDPH%20Document%20Library/FDB/FoodSafetyProgram/Hemp/IndustrialHempProgram.pdf
California Department of Food and Agriculture. (2023). Industrial hemp program. https://www.cdfa.ca.gov/Hemp/
U.S. Food and Drug Administration. (2023). FDA regulation of cannabis and cannabis-derived products, including cannabidiol (CBD). https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd
