Hemp CBD—but not delta-8 THC—is legal for retail sale in California. California has historically been one of the most progressive states when it comes to marijuana laws. Here’s where to buy CBD oil in Cali.
It’s official: California legalizes CBD (but not delta-8 THC)
Hemp CBD—but not delta-8 THC—is legal for retail sale in California, pending specific regulations to come from the Department of Public Health in a few months.
Blockbuster hemp ingredient CBD is now officially legal in California in dietary supplements, foods, beverages and cosmetics, as Gov. Gavin Newsom signed AB 45 into law.
It was an arduous, three-year process for the bill to wind through the state legislature, which passed the bill on Sept. 10.
“After months of negotiation between the various stakeholders, that day is finally here,” according to an email from the Amin Talati Wasserman law firm, which represents many hemp and CBD companies. “The majority of requirements under the new law are similar to existing requirements, but some are unique to California, with possibly more on the way via future regulations—adding to the ever-growing patchwork of state laws governing hemp and CBD products.”
California has paved the way with all things cannabis. It was the first state to legalize medical marijuana, back in 1996. It wasn’t quite as fast off the draw as Colorado when the Rocky Mountain state legalized recreational marijuana in 2012, but California dutifully fell in line in 2016. But even though the farm bill in 2014, and again in 2018, did its level best to legalize hemp and CBD, California managed to stay stuck in the 20 th century.
Some say it was marijuana interests that successfully lobbied the California state legislature to keep hemp and in particular hemp CBD in a regulatory gray area.
“Yet the same people hobbling California hemp for decades are behind it,” said Richard Rose, a pioneer in the hemp space. “And the OGs hate AB 45.”
Marijuana interests are definitely none too pleased with the allowance of smokable hemp—the compromise being that hemp growers can still sell out of state but not in state until the state develops a taxing scheme. This compromise is fiercely loathed by hemp farmers because the law was signed right when harvest is set to begin, leaving many hemp farmers who had been selling in state suddenly with no market.
But whatever the case, Newsom on Thursday signed AB 45, which removes much of the risk for brands and retail outlets wanting to sell CBD.
Specifics of AB45
Two things are of note.
One, the California Department of Public Health (DPH) will need to develop regulations around the sale of CBD into products for sale at the full range of retail outlets. This is expected to take several months.
“Like other states that have legalized the sale of CBD products in recent years,” said the Amin Talati Wasserman statement, “California’s law comes with its own testing, labeling, approved source and registration requirements.”
For example, the new law requires labels to include certain warning statements and a scannable barcode, website, or QR code linked to a certificate of analysis that provides specific testing information, among other label requirements.
AB45 defines “THC”—the intoxicating cannabinoid compound notorious for marijuana’s effects—to include THCA, and any THC, including delta-8 THC, delta-9 THC and delta-10 THC.
That makes California the 19 th state to restrict or ban delta-8 THC. The other states are Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Kentucky, Idaho, Iowa, Michigan, Mississippi, Montana, New York, North Dakota, Rhode Island, Utah, Vermont and Washington.
AB45 also authorizes the DPH to include or exclude “comparable” cannabinoids from the definition of THC, based on their intoxicating effect, or lack thereof.
In addition, the DPH may impose maximum serving sizes for hemp-derived cannabinoids, hemp extract and products derived therefrom, active cannabinoid concentration per serving size, the number of servings per container, and any other requirements it deems necessary.
What the FDA thinks about California legalizing CBD
The second notable thing about the California legalization effort is that yet another state has stepped in to issue regulations. CBD is legal to various degrees in all 50 states, with the possible exceptions of Idaho and Iowa.
The California law brings into sharper relief the fact that there is no real federal regulation around CBD.
It is the opinion of FDA that CBD is illegal under the Federal Food, Drug and Cosmetic Act (FDCA).
Beyond FDA standing firm on its stance that CBD is illegal in supplements—which of course has not stopped more than 3,000 brands from entering the market nationwide—the agency says it is concerned about CBD safety.
To that end, pioneering CBD brand Charlotte’s Web and legacy supplements company Irwin Naturals submitted new dietary ingredient (NDI) notifications to the FDA to demonstrate safety.
This means the California market is, in theory, strictly an intra-state deal. To be sure, California rates as the world’s fifth largest economy all on its own.
FDA’s rejection of the NDI notifications, while disappointing, is seen as putting more pressure on Congress to write legislation—again, but apart from a farm bill—to legalize hemp cannabinoids.
Recently, acting FDA commissioner Janet Woodcock described the CBD situation as a “stalemate.”
“The law is fairly clear about this,” she said.
Federal law states that a molecule or “article” studied or approved by FDA as a drug cannot later become a dietary supplement ingredient (though it does not hold in reverse—a supplement ingredient can later become a drug, as is the case with niacin and fish oil).
But the secretary of the U.S. Department of Health and Human Services (under which resides the FDA) has authority (through a notice-and-comment rulemaking) to make an exception to the drug preclusion law, which is what Woodcock is referring to when she says CBD is illegal. FDA, though, has never invoked the exception or signaled it wants to do so for CBD.
Where to Buy CBD in California in 2022
California has historically been one of the most progressive states when it comes to marijuana laws.
If you live in this state, there are many options available to you for finding CBD both online and in-store.
As a general rule, it’s always better to purchase from a trustworthy online source rather than in-store.
6. All Cannabis Products Legal
Table of Contents
Where To Buy CBD Oil in California:
- Royal CBD Oil— Best CBD Oil Overall
- Gold Bee CBD Gummies— Best CBD Gummies
- CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
- Industrial Hemp Farms— Best CBD Flower
- Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs
Is CBD Legal in California in 2022?
Yes, CBD is legal throughout the state of California.
CBD can be made both from flowering marijuana plants and industrial hemp. In 2018, the United States Federal Government passed the Farm Bill, which made industrial hemp an agricultural commodity.
Before the Farm Bill, the Government treated hemp as a Schedule 1 drug, along with the likes of heroin, LSD, and MDMA.
Today, all CBD oils are legal to buy, sell, and produce in California. However, marijuana-derived CBD falls under marijuana laws, so you need to pay attention to how much you have.
How to Buy CBD in California
Even though there are many valid places to buy CBD in California, you’ll save time and money by shopping online.
As the popularity of CBD continues to rise, more companies are trying to get their piece of the pie. Some of these companies are advertising CBD that contains heavy metals or pesticides. Others don’t contain any CBD at all!
CBD can come in many different forms, including tinctures, creams, capsules, vape oil, and even products for pets.
Here are a few tips that can help you find the best CBD that suits your needs.
- If a company is making claims that seem too good to be true, run in the opposite direction. CBD is a fantastic health supplement with many uses, but it doesn’t replace all of your other medications.
- Always make sure that a third-party lab has tested the products. Any credible company will be able to produce reports that their CBD products are free of any unwanted contaminants and contain the amount of CBD advertised.
- There are many ways of extracting CBD from an industrial hemp plant. CBD produced using CO2 extraction (which is heatless and solventless) retains most of the beneficial compounds found in industrial hemp. This method is more consistent compared with extraction via oil or ethanol.
If you follow the steps above, you will be able to find a quality product that suits your needs in no time.
Buying Online in California
Finding this information about products sold in-store can be time-consuming. The most reliable way to find quality CBD is through a trustworthy online store.
Shopping online allows you to research the different products quickly and ensure you are getting the most value for your money.
Online stores are often cheaper and faster than shopping in-store. Also, they usually have discounts and special offers that you would not find locally.
Although we recommend shopping online, California is an excellent place to be when it comes to purchasing CBD in person.
Local Stores in California
California has dispensaries everywhere; this is great if you are looking to pick up a little bit of weed for the afternoon. Nonetheless, finding a dependable source of CBD can be tricky.
There are hundreds of products on the market that contain little to no CBD, even though they advertise otherwise.
Always be sure you do your research before committing to a purchase. Don’t waste your hard-earned cash on a fake product. Follow the steps we listed above to be sure you are getting the real deal!
You may be able to find CBD locally in dispensaries, head shops, vape stores, and health supplement retail outlets.
Is Marijuana Legal in California in 2022?
Recreational and medicinal marijuana are legal in California.
The requirements to purchase marijuana in the state of California are simple. If you are 21 years of age or older and can produce a valid ID, you are good to go.
All you need to do is make your way to a local dispensary and pick up some bud for yourself. Just make sure you don’t have more than an ounce in your pockets, else you might draw some unwanted attention. However, laws can change, so stay updated by checking out the Department of Cannabis Control’s website for current information.
California has traditionally been one of the country’s leaders in reforming marijuana laws. In 1972, California became the first state to introduce a bill (Proposition 19) that would have legalized marijuana use.
Although Proposition 19 failed, it was a step in the right direction.
Just a few years later, in 1975, possession of less than an ounce of marijuana was decriminalized; this meant that simple possession was a civil offense rather than a criminal one.
In 1996, California voters approved Proposition 215 (otherwise known as the Compassionate Use Act) which made it the first state to legalize medical marijuana. If you were suffering from certain chronic illnesses, you were now able to get a doctor’s recommendation to treat yourself using medical marijuana.
To clarify the law regarding Proposition 215 and more clearly define patients and non-patients, the state passed Senate Bill 420 (appropriately named), which created an identification card system for medical marijuana.
This law also allowed non-profit organizations to provide medical marijuana to those with a patient identification card.
When Arnold Schwarzenegger was Governor of California, he passed Senate Bill 1449, which further reduced the punishment of possession of less than an ounce to a $100 fine and no mandatory court date.
In 2016, California voters approved Proposition 64, which would legalize the use of marijuana for adults over the age of 21. The law went into effect on January 1, 2018, making California the sixth state to legalize recreational marijuana use.
If you derive pleasure from gardening, feel free to enrich your plot with up to six marijuana plants, unless you’re participating in the state’s medical cannabis program.