Two Sunny States, Hawaii and California, Shine Light on Regulating Hemp-Derived CBD Products
After years of deferring to the FDA regarding the sale of hemp-derived CBD products, Hawaii and California have both clarified their positions on these products in recent weeks.
Until recently, Hawaii deferred to the federal government with respect to the regulation of cannabinoid products. However, under the new rules issued by Hawaii regulators in August, hemp-derived cannabinoid products can only be sold or distributed to consumers in the form of tablets, capsules, softgels, gelcaps, powders, or tinctures, or in other forms only for topical application to skin and/or hair. The new rules ban the sale and distribution of CBD gummies and beverages, as well as all smokeable hemp products. The regulations also ban vape liquids containing hemp-derived cannabinoids.
While Hawaii made moves to regulate a limited market for legal hemp-derived CBD products, California made significant moves toward opening its market for such products. Since July 2018, California has adopted the FDA’s policy that any product which contains hemp-derived CBD and is intended for human or animal consumption has been improperly “adulterated,” and is thus unlawful. But just this month, both houses of the California state legislature passed AB 45, legislation which (if signed into law by Governor Gavin Newsom) would represent a major change in the state’s hemp laws. Specifically, AB 45 would allow for the manufacture, sale, and delivery of dietary supplements, food, beverages, cosmetics, and processed pet food containing hemp-derived THC.
Though generally favorable to hemp industry operators, AB 45 has generated some controversy since the legislation would not permit the sale of smokable hemp products in the state until the legislature establishes a new tax for these products.
This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.