Is CBD Oil Legal In California

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Is CBD Legal in California? (2022 CBD Laws)

California’s not just the Avocado Capitol of the World, it’s home to some of the country’s most progressive cannabis laws. In fact, they started trying to decriminalize marijuana as early as 1972.

Fast forward many years. In current-day Cali, hemp-derived CBD with a max of 0.3% THC is legal. Furthermore, you’re free to partake of recreational marijuana as well, with some restrictions.

California CBD Laws At A Glance

Do you know what you need to know? It’ll serve you well to keep these key points of California CBD laws in mind:

• CBD from hemp that contains 0.3% or less THC is legal.

• CBD-infused foods and beverages are not legal in California.

• Anyone over the age of 21 can buy CBD.

• California maintains a medical marijuana program.

• Recreational marijuana usage is legal.

Is CBD Legal in California?

The Golden State has quite the legal legacy when it comes to cannabis. California laws are making lengthy strides to develop a sustainable cultivation and processing industry and to enable reasonable access to high-quality CBD products.

Let’s take a quick look at where the state started and how far they’ve come with cannabis legislation.

  • In 1975, California adopted legislation that relaxed marijuana penalties. Possession of small quantities of marijuana was no longer a criminal offense, but a civil infraction.
  • A couple decades roll by before California passes the Compassionate Use Act in 1996. This law let people with certain medical conditions and a doctor’s blessing to use marijuana. Subsequent laws further clarified and improved the administration of this program.
  • California took additional measures to decriminalize and reduce penalties for marijuana crimes.
  • 2018 was an exciting year for cannabis in California. The state enacted the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which legalized hemp- and marijuana-derived products for those over 21 years of age. Later, the 2018 Farm Bill was passed and declared hemp CBD with 0.3% or less THC legal at the national level.
  • Medical cannabis patients in California were granted even more liberty in 2021 when SB 311 (aka the Compassionate Access to Medical Cannabis Act) passed, requiring hospitals and other health care facilities to allow terminally ill patients to use medical cannabis on the premises.
  • As if Cali’s CBD laws weren’t cool enough, in 2021, AB 45 made things surrounding hemp, CBD and CBD products super clear. The law hashes out rules for testing, sourcing, registration, distribution, marketing, and more. It also gives the green light on CBD in food products, cosmetics, pet foods, and dietary supplements that meet certain requirements.
  • California’s not done yet. Look for more legal and regulatory movement specifically targeted at CBD.
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Can You Buy CBD Products Legally In California?

Eureka! California has given the green light CBD. You’re in the clear to buy federally-sanctioned CBD products here. And, with no established possession limits, feel free to really stock up next time you spy a good deal.

This also means Californians can shop online or locally for their CBD items. The good news is — between physical stores and virtual markets — tons of CBD shopping options are available. Just be sure to find a trustworthy retailer.

Can You Buy CBD At Brick & Mortar Stores?

CBD seems to be everywhere these days. You may peruse shelves of CBD products at your nearest dispensaries, health and wellness shop, pharmacies, or other stores in California. Which is awesome if you like to “look at products with your hands” or discuss them with (hopefully) knowledgeable staff. You really needn’t look elsewhere for your CBD if you don’t want to.

Can You Buy CBD Online?

No need to stress if you’re looking for CBD in California and don’t feel like hitting the local venues. Hemp-derived CBD oil with 0.0-0.3% THC can be legally mailed to the 50 states according to federal law. So, all you need to do is order your CBD online. Pretty easy, right?

You can safely and conveniently purchase CBD online from Pure Craft. Need some inspiration? These high-quality CBD products are popular in your area:

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.”

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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.

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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.

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