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California has officially taken the next major step toward a unified cannabis and hemp regulatory system. On October 2, 2025, Governor Gavin Newsom signed Assembly Bill 8 (AB 8), authored by Assemblymember Cecilia Aguiar-Curry (D-Winters), creating a single framework for regulating all intoxicating cannabinoid products, whether derived from hemp or cannabis.
This move builds on last year’s emergency regulations restricting hemp-derived intoxicants and solidifies California’s position as a national leader in cannabis consumer safety and enforcement.
AB 8 integrates intoxicating hemp products into California’s licensed cannabis market, requiring that all products capable of producing intoxication, regardless of source, be subject to the same testing, labeling, and distribution standards.
Governor Newsom’s office stated the bill is designed to “protect Californians, especially youth, from the adverse health effects of dangerous hemp cannabinoid products,” and to close loopholes that allowed intoxicating hemp items to be sold outside the state’s regulated system.
In the Governor’s words:
“For too long, nefarious hemp manufacturers have been exploiting loopholes to make their intoxicating products easily available to our most vulnerable communities, that stops today.”
AB 8 represents a major step in unifying California’s approach to regulating intoxicating cannabinoids, whether derived from hemp or cannabis. By bringing all intoxicating products under the same strict framework, the law closes loopholes that previously allowed unsafe or untested products to reach consumers. This ensures consistency, public safety, and fair competition for licensed businesses.
Department of Cannabis Control (DCC) Director Nicole Elliott praised the new law:
“AB 8 makes it clear that all intoxicating products must be held to the same important standards Californians expect. This legislation protects consumers, ensures fair competition for licensed businesses, and strengthens the integrity of our regulated marketplace.”
Before AB 8, the California Department of Public Health (CDPH) enacted emergency hemp regulations in late 2024, prohibiting the sale of consumable hemp products containing any detectable THC or intoxicating cannabinoids.
Those regulations established:
These rules were immediately enforced across California, laying the groundwork for AB 8’s permanent framework.
California’s coordinated enforcement effort between CDPH and the Department of Alcoholic Beverage Control (ABC) has been substantial:
These results demonstrate both the widespread awareness of the law and the state’s aggressive approach to compliance. According to the Governor’s office, these inspections reflect a commitment to “placing the safety of every Californian first.”
The state’s action stems from growing concerns that federal inaction and unclear legal distinctions between hemp and cannabis created a “grey market” for intoxicating hemp products.
Loopholes in the 2018 Federal Farm Bill allowed intoxicating cannabinoids, such as delta-8 THC, to be produced from hemp and sold outside of the cannabis regulatory framework. These products often escaped safety testing and age restrictions, appearing nationwide in gas stations, convenience stores, and online markets.
Assemblymember Aguiar-Curry, who originally championed legal sales of non-intoxicating CBD, emphasized the public health motivation behind AB 8:
“Bad actors have abused state and federal law to sell intoxicating hemp products in our State. As the author of legislation that allowed the legal sale of non-intoxicating hemp CBD products, this is absolutely unacceptable. Our first job is to protect our kids and our communities.”
California’s AB 8 establishes clear rules for businesses and individuals involved in intoxicating cannabinoid products, setting strict standards for compliance and public safety. Understanding these requirements is critical, as violations can have administrative and criminal consequences.
AB 8 now applies to all manufacturers, distributors, and retailers of intoxicating cannabinoid products in California. Any business involved in producing or selling hemp-derived intoxicants must operate within the licensed cannabis system. Compliance ensures products are safe, properly labeled, and sold only to eligible adults.
Key requirements include:
California enforces AB 8 through both administrative and criminal measures, emphasizing consumer protection and public safety. Businesses that fail to comply may face penalties ranging from fines to license revocation, depending on the severity and frequency of violations.
Enforcement tools include:
For businesses and individuals involved in the hemp or cannabis industries, AB 8 signals a new era of enforcement and liability.
For criminal defense attorneys, these developments create opportunities to advocate for defendants caught in the transition period, especially those operating in good faith under previous interpretations of hemp law.
AB 8 represents a major consolidation of California’s cannabis and hemp markets.
Consumers can expect:
For cannabis businesses, AB 8 levels the playing field, ensuring that unlicensed hemp sellers can no longer undercut dispensaries with cheaper, unregulated intoxicants.
California’s hemp laws are evolving quickly, and with AB 8 now in effect, businesses and individuals alike face new compliance challenges and legal risks.
If you’ve been cited, investigated, or charged in connection with hemp-derived products, or if your business needs guidance navigating the new regulatory framework, McElfresh Law San Diego Criminal Defense can help.
Our firm has extensive experience in California cannabis and hemp law, defending clients against criminal charges and helping businesses achieve compliance with state and local regulations.
Contact us today at 858-756-7107 or through our online form to schedule a consultation and get expert legal advice tailored to your case.
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