Will California Really Ban Smokable Hemp?

A few weeks back, I wrote a post entitled “California Tries Again with CBD“, in which I discussed a new piece of legislation (AB-45) introduced to ostensibly provide a regulatory framework for the manufacture and sale of certain hemp-derived products. Those products include foods or beverages that contain cannabidiol (CBD). In that post, I mentioned that provisions in AB-45 contain bans on smokable hemp products, and in this post I’d like to jump a little further into this provision and whether it has any chance of becoming law.

Currently, AB-45 provides in part:

Unless explicitly approved by the federal Food and Drug Administration, industrial hemp shall not be included in products in any of the following categories:

. . .

(3) Processed smokable products, including, but not limited to, electronic cigarettes with nicotine.

(4) Smokable flower, including, but not limited to, hookah and shisha with nicotine.

(5) A product containing nicotine[ or] tobacco . . . .

Unpacking this, virtually any kind of smokable hemp product would be banned, from flower to vape oil. Moreover, even assuming the definition weren’t so broad, the bill would give the Department of Public Health authority to ban other products it deemed to “pose[]

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