Is THCA legal in California? California hemp, CBD and kratom laws

The law in California

California's hemp product law starts with AB 45, signed on October 6, 2021 and codified in Health and Safety Code sections 111920 and following. It brought hemp extracts, food, beverages, dietary supplements, processed pet food and cosmetics under the Department of Public Health, which registers manufacturers through an Industrial Hemp Enrollment and Oversight authorization. AB 45 capped hemp products at 0.3 percent total THC, counting delta-8, delta-9 and delta-10 THC and THCA, and barred THC isolate and cannabinoids made through chemical synthesis.

The state has narrowed that since. Emergency rules of September 23, 2024 took THC out of hemp food and drinks, and AB 8, signed on October 2, 2025 as Chapter 248, took effect on January 1, 2026. The department describes AB 8 as regulating intoxicating hemp products as cannabis, so the civil and criminal penalties for illegal cannabis may apply to them.

1. October 6, 2021AB 45 (Chapter 576, Statutes of 2021) is signed, creating California's hemp product rules in Health and Safety Code 111920 and following.
2. September 23, 2024Emergency rules take effect: no detectable total THC in hemp food and drinks, five servings a package, and age 21.
3. October 2, 2025AB 8 (Chapter 248, Statutes of 2025) is signed, regulating intoxicating hemp products as cannabis.
4. January 1, 2026AB 8 takes effect: hemp extract in food, drinks, supplements and pet food may hold no THC or synthetic cannabinoids.
5. January 9, 2026The Department of Public Health tells food businesses that selling kratom and 7-OH for consumption is unlawful.
6. April 21, 2026The state approves 17 CCR 23010, a list of intoxicating cannabinoids counted as THC, including HHC and THCP.
7. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA, flower and vapes

THCA has been part of California's definition of THC since AB 45, so it counts toward every limit. The Department of Public Health says hemp flower, pre-rolls containing hemp flower and inhalable products with hemp-derived THC cannot be sold, offered or provided in California. Under AB 45, inhalable hemp products could be made in the state only for sale elsewhere, until the Legislature set a tax on them.

That out-of-state exception still stands. A California firm may make inhalable hemp products under 0.3 percent THC for sale in other states with a department authorization and a certificate of analysis, and warehousing hemp flower alone needs no authorization.

1. CBD Softgels Extra StrengthNeurogan$0.013/mg
2. CBD Isolate Gummies, 150mg, LemonLazarus Naturals$0.013/mg
3. Multicannabinoid OilNuLeaf Naturals$0.028/mg
4. CBD Oils 2000 mg: UnflavoredIrwin Naturals$0.034/mg
5. CBD Gummies with Melatonin for SleepCBDfx$0.037/mg
6. Lemonade Full Spectrum CBD Tincture, 1,500 mgMedRoots$0.040/mg

Delta-8 and synthetic cannabinoids

AB 45 put delta-8 and delta-10 THC in the THC definition in 2021. Section 23010 of title 17, approved on April 21, 2026, adds about 30 more substances to that definition, among them every tetrahydrocannabivarin, HHC and other hydrogenated forms, THC-O and other esters, THCP and other long-chain analogs, and synthetic cannabinoids such as JWH-018 and HU-210.

Since January 1, 2026, extract used in food, food additives, beverages, dietary supplements or processed pet food may contain no THC and no synthetic cannabinoid. The Department of Alcoholic Beverage Control enforces the rules in licensed stores, where selling a hemp food or drink with detectable total THC or another intoxicating cannabinoid can cost a business its license.

Age, serving size and labels

Section 23005 of title 17 bars selling hemp final form food products, including food, food additives, beverages and dietary supplements, to anyone under 21. Section 23100 requires that no serving have a detectable amount of total THC, that a package hold no more than five servings, and that a manufacturer have a certificate of analysis from an independent laboratory. Both began as emergency rules and were approved as permanent rules on October 20, 2025.

From January 1, 2028, anyone extracting cannabinoids from hemp will need a license from the Department of Cannabis Control, and the Department of Public Health will issue authorizations only for food, processed pet food and cosmetics. Makers of inhalable hemp products will then answer to the Department of Cannabis Control.

CBD in food

AB 8 keeps CBD and CBN as the cannabinoids that may be added to food. A certificate of analysis must show that CBD or CBN makes up more than 99 percent of the extract's total chromatographic peaks. Topical cosmetics may hold up to 0.3 percent total THC on a dry weight basis, and their makers need both an authorization and a cosmetic manufacturing registration.

Kratom, kava, amanita and spores

California has no kratom statute we could find, but in a letter of January 9, 2026 the Department of Public Health told processed food registrants and licensees that selling or marketing kratom and 7-hydroxymitragynine products in any form for consumption is unlawful under Health and Safety Code section 110555, because they are not approved food additives. It considers such products adulterated whatever the buyer's age and says it may embargo, seize and impound them.

We found no California rule or agency statement naming kava, amanita muscaria or its compounds, or mushroom spores.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.