Intoxicating Hemp Defined 

Intoxicating hemp refers to hemp-derived products that contain cannabinoids—such as Delta-8 THC, Delta-10 THC, or other synthetic or chemically modified compounds—that produce intoxicating or psychoactive effects similar to those of Delta-9 THC (the primary psychoactive component in cannabis). Although these products are derived from hemp, they may cause impairment and are often marketed as legal alternatives to cannabis.

Due to their potency and potential health risks, intoxicating hemp products may be subject to specific regulations at the local and state levels.


State Regulations

1. California’s Ban on Intoxicating Hemp Products Now in Effect

  • Since September 23, 2024, California permanently prohibits the retail sale of any industrial hemp food, beverages, or dietary supplements containing detectable THC or other intoxicating cannabinoids.

2. Zero‑THC standard per serving

  • The total THC content—including delta‑8, delta‑9, delta‑10, THCA, etc.—must be “no detectable amount” in each serving.
3. Age‑restricted sales
  • Purchasers must be 21 years or older to buy any hemp-derived product, even if non‑intoxicating.
4. Serving size limit
  • Products are limited to a maximum of five servings per package.
5. Legislative & legal context
  • The regulations build on AB 45 (2021) and follow the failure of AB 2223. They extend protections beyond the Farm Bill’s 0.3% delta‑9 THC limit by including other intoxicating cannabinoids.
  • Legal challenges from hemp industry groups—including Cheech & Chong’s—have so far failed to block enforcement.

Key Facts: Intoxicating Hemp Regulations in California

Topic

Regulation Detail

Retail Sale Ban

Since Sept 23, 2024, no retail sale of any hemp-derived products containing detectable THC or other intoxicating cannabinoids.

THC Limit

Allowed THC content in consumables must be no detectable amount per serving.

Minimum Age

Purchasers must be 21 years or older for any hemp-derived product.

Serving Size

Packages may contain a maximum of 5 servings.

Enforcement Agencies

California Dept. of Public Health (CDPH), Alcoholic Beverage Control (ABC), Dept. of Cannabis Control (DCC), and Dept. of Tax & Fee Administration (CDTFA).

Scope

Applies only to consumable hemp products; THC-only cannabis products remain legal through licensed dispensaries.

Legal Foundation

Based on AB 45 (2021), covers all intoxicating cannabinoids; earlier bill AB 2223 was rejected.

Consumer Advisory

Residents are encouraged to report illicit or appealing-to-minors products, especially those posing health risks to children.


Report the Sale of Intoxicating Hemp Products
If you believe a tobacco retailer (smoke shop) or any other business is selling intoxicating hemp products, you are encouraged to submit a complaint for further review here.