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What is AB45 at glance?

In California, AB 45 (passed in 2021) is the landmark law that officially legalized the sale of hemp-derived CBD in food, beverages, and cosmetics. Before this law, the state’s Department of Public Health (CDPH) considered CBD an "unapproved additive," leading to frequent product seizures and legal uncertainty.

However, since you're asking in 2026, the landscape has tightened significantly due to follow-up emergency regulations and a new bill, AB 8, which takes full effect this year.

1. The Core Legal Status (What is Allowed)

Under AB 45, the following products are legal to sell in California, provided they meet strict safety standards:

  • Categories: Food, beverages, dietary supplements, cosmetics, and pet food.

  • The 0.3% Rule: Products must contain less than 0.3% Total THC (which includes Delta-9, Delta-8, and THCA).

  • Prohibited Items: Hemp cannot be added to alcoholic beverages, tobacco/nicotine products, medical devices, or prescription drugs.

2. The "No Detectable THC" Shift (2025–2026)

As of late 2024 and heading into 2026, California enacted emergency regulations that drastically changed the market:

  • Zero THC for Retail: To be sold in a standard grocery or wellness store, hemp food and beverages must now have no detectable THC per serving. This was a move by the state to eliminate "intoxicating hemp" (like high-dose Delta-8 gummies) from being sold to minors.

  • Age Restriction: You must be 21 or older to purchase any hemp-derived products intended for human consumption.

  • Serving Limits: Packages are limited to a maximum of 5 servings.

3. Strict Labeling & Testing Requirements

To be "AB 45 Compliant," every product must have:

  • QR Codes: A scannable code on the packaging that links directly to a Certificate of Analysis (COA) from an independent lab.

  • Warning Labels: Specific language stating that children or those who are pregnant/breastfeeding should consult a doctor.

  • No Health Claims: Manufacturers cannot claim the product cures or treats any disease (e.g., "This CBD oil cures cancer")—doing so makes the product illegal "misbranded" contraband.

4. What happened to "Smokable Hemp"?

AB 45 technically allows for inhalable hemp (vapes/pre-rolls), but with a major catch: they cannot be sold in California until the state creates a specific tax structure for them. As of early 2026, this tax hasn't been fully enacted for general retail, meaning you can manufacture vapes in CA to sell to other states, but you generally won't find them for sale legally inside CA retail shops.