Many people ignore or just don’t want to believe the fact that, until recently, California was a bit of a villain when it comes to the manufacture, distribution, and sale of industrial hemp derived products, namely hemp CBD in food, beverages, dietary supplements, animal products, and cosmetics. However, AB-45 is going to change all of that once Governor Newsom inevitably signs it into law, as it’s now passed the Senate and Assembly.
A brief history about California’s love/hate relationship with hemp CBD is warranted. The California Department of Public Health (CDPH) issued a FAQ on its website in July 2018 taking the position that CBD ingestibles were unlawful, in line with the current position of the Food and Drug Administration (check out our analysis on those FAQs here)–California essentially considered products for human and animal consumption to be improperly “adulterated” if they contained hemp CBD. Over the next few years, CDPH issued 13 notices of violation, 7 voluntary condemnation and destruction regulatory letters, and 9 embargoes–all without ever creating any real regulation). Local departments of public health were also active in enforcement. In 2019, California tried but failed to pass AB-228, which would have legalized CBD. Last year, California tried