Cali Legalizes CBD… Or Did It?

California passed AB45 recently, which is being heralded as legalizing CBD in that state. But did it really? It banned the products of “chemical synthesis;” that’s a vague term, would it include decarboxylation? Delta-8? CBD > THC using an acid? CBD > THC > CBN?

Although it left the door open to hemp smokables, California sabotaged its opportunity to reduce tobacco smoking and thereby improve public health. In 2102 the state received $832,379,000 in tobacco taxes, 0.74% of tax revenues.

AB45 also increased the burden on regular food manufacturers who might want to use hemp in just one product. OTOH, it did what 3 other states have done and legalize the use of CBD in foods, essentially making them GRAS like they are federally.

That this bill was pushed by those willing to devastate hemp in the past just for fame and fortune is a red flag. Read more on that here, here, here, here, here, here, here, here, and here. Conversely, the California hemp OGs I’ve known for decades and respect hate AB45.

In AB45, “hemp product” does not include:
Epidiolex
Non-foods such as clothes, animal bedding, or rope
Hempseed food
Hempseed oil
Vapes


California Assembly Bill No. 45
[…]
SEC. 7. Section 110469 is added to the Health and Safety Code, to read:

  1. (a) A wholesale food manufacturing facility that manufactures products that contain industrial hemp shall be registered in accordance with Section 110460 and shall comply with good manufacturing practices as defined in Section 110105 and as determined by the department in regulation.

(b) Industrial hemp shall not be used in dietary supplements or food products unless the manufacturer demonstrates both of the following:

(1) All parts of the hemp plant used in dietary supplements or food products come from a state or country that has an established and approved industrial hemp program that inspects or regulates hemp under a food safety program or equivalent criteria to ensure safety for human or animal consumption.

(2) The industrial hemp cultivator or grower is in good standing and in compliance with the governing laws of the state or country of origin.
[…]
(d) “Hemp manufacturer” means either of the following:

(1) A processor extracting cannabinoids from hemp biomass.

(2) A processor purchasing industrial hemp raw extract for the purpose of manufacturing a final form product.
[…]
(f) “Industrial hemp” has the same meaning as in Section 11018.5. “Industrial hemp” does not include cannabinoids produced through chemical synthesis.

(g) (1) “Industrial hemp product” or “hemp product” means a finished product containing industrial hemp that meets all of the following conditions:

(A) Is a cosmetic, food, food additive, dietary supplement, or herb.

(B) (i) Is for human or animal consumption.

(ii) “Animal” does not include livestock or a food animal as defined in Section 4825.1 of the Business and Professions Code.

(iii) Does not include THC isolate as an ingredient.

(2) “Industrial hemp product” does not include industrial hemp or a hemp product that has been approved by the United States Food and Drug Administration or a hemp product that includes industrial hemp or hemp that has received Generally Recognized As Safe (GRAS) designation. For purposes of nonfood applications, “industrial hemp product” does not include a hemp product that contains derivatives, substances, or compounds derived from the seed of industrial hemp.

(h) (1) “Manufacture” or “manufacturing” means to compound, blend, extract, infuse, or otherwise make or prepare an industrial hemp product.
[…]

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