As of September 16, 2025, the California legislature is considering a sweeping new bill, Assembly Bill 8 (AB-8), that would dramatically change how hemp, THC, and CBD products are regulated in the state. The laws around cannabis can be confusing, so we're breaking down the most important parts of this bill to explain what it could mean for consumers and the industry.
The Biggest Change: "Hemp" is Getting a Stricter Definition
The most fundamental change in AB-8 is how it defines "industrial hemp." Previously, the law focused only on the amount of Delta-9 THC. The new rule would change the standard to "total THC."
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What this means: "Total THC" includes not only the active Delta-9 THC but also its parent compound, THCA, which becomes psychoactive when heated (like when you smoke or vape it).
Think of it like this: before, the law only looked at the amount of a single "active ingredient." Now, it's looking at the active ingredient plus all the potential ingredients that can become active. This aligns California's hemp definition more closely with federal standards and means that many products currently sold as "legal hemp" because they are low in Delta-9 THC but high in THCA would no longer qualify as hemp.
Which Products Are Being Banned?
AB-8 proposes an outright ban on the sale of several popular product categories within the state's hemp market. If passed, you would no longer be able to buy:
- Hemp Flower and Hemp Prerolls: The sale of smokable hemp flower would be prohibited.
- Inhalable Hemp-Derived THC Products: This includes vapes and other inhalable products containing any THC that comes from hemp.
- Alcoholic Beverages with Cannabinoids: The bill would ban mixing alcohol with cannabinoids like THC or CBD.
- Products with Synthetic Cannabinoids: This cracks down on chemically synthesized cannabinoids to ensure products are derived more naturally.
A Major Shift for Edibles and Drinks
The rules for hemp-infused foods, beverages, and supplements are also set for a dramatic change. Starting January 1, 2026, the only hemp extract that could be added to these products would have to be:
- A pure isolate of either CBD or CBN, with over 99% purity.
- Contain zero THC or any other cannabinoids.
This means that popular full-spectrum and broad-spectrum hemp extracts, which contain a range of cannabinoids and are valued for the "entourage effect," would be banned from use in food and beverage products in the California hemp market.
Cracking Down on Illicit Markets and Bad Actors
A large part of AB-8 is focused on increasing enforcement and closing loopholes that have allowed untested or deceptively marketed products to thrive. The bill aims to:
- Prohibit Tobacco Shops from selling any cannabis or hemp products.
- Increase Penalties for using fake or imitation cannabis warning symbols on packaging.
- Expand Authority for state and local agencies to inspect, seize, and destroy non-compliant products.
- Tax More Products by reclassifying high-THCA hemp as "cannabis", making it subject to the state's 15% cannabis excise tax.
The Ethereal Gold Dispensary Perspective
At Ethereal Gold Dispensary, we see this bill as a significant, though complex, step toward the kind of safe and transparent market we've always championed.
We strongly support measures that protect consumers. The crackdown on synthetic cannabinoids, untested products, and deceptive packaging that mimics other brands is something we have long advocated for. The bill's emphasis on testing to determine a product's true cannabinoid content aligns perfectly with our commitment to full-panel lab testing.
While some of these new rules, like the ban on full-spectrum extracts in edibles, are very restrictive, the overall goal is to create a clear, two-path system in California: a highly regulated, high-potency "cannabis" market for adults, and a completely non-intoxicating, THC-free "hemp" wellness market. This bill would also make hemp-derived THC products fall into the cannabis market in California — starting January 1st, 2028 any out of state retailer such as Ethereal Gold Dispensary would have to comply with the laws of the California cannabis market in order to sell products to consumers within California. (This would effectively outlaw hemp products from being shipped into the state of California, as California requires all cannabis to be sold at a physical cannabis dispensary.)
Our promise to you is to navigate these evolving laws to continue providing products that are safe, tested, and compliant. You can always explore our selection of federally compliant products with the confidence that they meet the highest standards of safety and transparency.
FAQ
Is this a new federal law?
No, AB-8 is a bill that would only apply to the state of California. Ethereal Gold Dispensary operates under the 2018 Federal Farm Bill and follows all state and local laws.
If this passes, can I still buy hemp flower in California?
No. The bill as written would prohibit the sale of smokable hemp flower and prerolls within California.
What's the difference between Delta-9 THC and Total THC?
Delta-9 THC is the primary psychoactive cannabinoid. Total THC is a measurement that includes both Delta-9 THC and THCA (which converts to THC when heated), giving a more accurate picture of a product's total psychoactive potential.
Why would the bill ban full-spectrum hemp edibles?
The likely goal is to create a very clear legal line: if a hemp food or beverage product is sold in California, it must be completely free of THC. Any product containing THC, even in trace amounts, would need to be sold through the state's licensed marijuana dispensary system.
Does this affect Ethereal Gold's ability to ship to me in California?
Ethereal Gold Dispensary is committed to legal compliance. We constantly monitor state and local laws, and if a product becomes illegal to ship to a specific state, we will always adhere to that regulation.
