Is CBD Legal in California?

Detailed background

California went from the most permissive CBD framework in the country to one of the strictest in about eighteen months. AB-45 (2021) was the first state law to unambiguously legalize hemp-derived CBD in foods, beverages, dietary supplements, and cosmetics. Then came the CDPH emergency regulations of September 23, 2024, and then AB 8, which Governor Newsom signed October 2, 2025 and which took effect January 1, 2026.

Here is the part most summaries get wrong. AB 8 does not merely ban THC from ingestible hemp — it requires the extract used in food, food additives, beverages, dietary supplements, and processed pet food to be CBD or CBN isolate, confirmed by COA at greater than 99% of the tested cannabinoid peaks. That rules out full-spectrum oil, and it also rules out most broad-spectrum oil, since broad spectrum is defined by the minor cannabinoids it keeps. The emergency regulations add a no-detectable-total-THC standard, a minimum purchase age of 21, and a cap of five servings per package. Hemp flower, pre-rolls, and inhalable hemp products cannot be sold in California at all.

Topicals are treated differently and more generously. Hemp extract in topically applied cosmetics may not contain THC as a rule, but the statute allows topically applied cosmetics to carry a total THC concentration up to 0.3% on a dry-weight basis. Salves and balms are the category that comes through California's rules mostly intact.

One more date worth knowing: on January 1, 2028, cannabinoid extraction oversight moves from CDPH to the Department of Cannabis Control. If you are in California and buying CBD to swallow, read the COA for isolate purity — that is the specific thing state law now turns on.

Shipping CBD to California

We ship our full range to California. Note what the state requires of ingestible hemp: AB 8 asks for CBD or CBN isolate above 99% purity, and our full spectrum, broad spectrum, and pet oils all keep other cannabinoids by design. Topicals are treated differently — AB 8 lets topically applied cosmetics carry up to 0.3% total THC, so the arnica salve stick sits inside the rule. Read the law below and decide what is right for you.

Employment & drug testing

California's AB-2188 (effective 2024) prohibits employers from discriminating against most off-duty cannabis use, but exceptions exist for federal-contractor and safety-sensitive roles. Drug tests still detect THC.

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