California’s AB 45 bill, signed into law on October 7, 2021, marks a significant milestone for the state’s industrial hemp and cannabis industry here. The bill effectively outlaws the manufacturing of hemp-derived delta-8, a psychoactive compound found in cannabis plants, while opening up opportunities for the manufacture and sale of other industrial hemp products.
Federal hemp laws legalized the cultivation and sale of industrial hemp in the United States in 2018, provided that the hemp plant itself’s THC content remains below 0.3%. However, the laws were silent on the extraction and processing of hemp-derived products such as delta-8, which has been the subject of much debate and controversy in recent months.
California’s AB 45 bill clarifies that delta-8, which is currently legal under federal law, is not permitted to be manufactured in California unless it is produced through an approved industrial hemp program. This move by California’s lawmakers has been welcomed by local law enforcement officials who have raised concerns about the public health risks associated with the unregulated sale and use of delta-8 products.
While the manufacturing of delta-8 has been prohibited, the farm bill also paves the way for the manufacture and sale of other industrial hemp products, including raw hemp extract, which has numerous potential uses in the food, pharmaceutical, and cosmetic industries.
The bill also establishes a regulatory framework for the production, labeling, and testing of industrial hemp products, ensuring that they meet strict safety and quality standards. Under the new law, manufacturers are required to obtain a license from the California Department of Public Health to produce industrial hemp cultivator-derived products, and products must be labeled with the source of the hemp, the manufacturing date, and a batch number for traceability purposes.
With the passage of AB 45, California joins a growing list of states that have established clear regulatory frameworks for the production and sale of industrial hemp products. This move is expected to stimulate growth in the state’s industrial hemp industry, creating new opportunities for farmers, processors, and manufacturers.
California’s AB 45 bill represents a significant step forward for the health and safety code the state’s industrial hemp industry. While the bill outlaws the manufacturing of delta-8, it creates opportunities for the manufacture and sale of other industrial hemp products. With a robust regulatory framework in place, California is well-positioned to become a leader in the production of high-quality, safe, and reliable industrial hemp products.
AB45 Key Provisions
California’s AB45 bill, signed into law on October 7, 2021, establishes regulatory procedures for the production and sale of industrial hemp products in the state. The bill clarifies that industrial hemp products can be based solely on hemp plants and outlines the requirements for human and animal consumption of these products.
Under the new law, industrial hemp cultivators must comply with statutory provisions that establish procedures for the production and sale of industrial hemp products. This includes obtaining a license from the California Department of Food and Agriculture, ensuring that the hemp plants used are below the legal threshold for THC content, and adhering to strict labeling and testing requirements.
One key provision of AB45 is the legalization of the use of raw hemp extract in food products. Raw hemp extract is a versatile ingredient with numerous potential uses in the food industry, including as a natural sweetener, a source of protein, and a functional ingredient. The bill establishes standards for the use of raw hemp extract in food products and requires that all products containing hemp extract be labeled accordingly.
Another provision of AB45 is the establishment of regulations for the sale of hemp-derived CBD products. The bill requires that all CBD products sold in California be produced from hemp plants grown by an approved industrial hemp program, and that these products be tested for purity and potency. The labeling of CBD products must also comply with the requirements set forth by the California Department of Public Health.
AB45 also includes provisions for the regulation of industrial hemp products in the context of the state’s broader commercial cannabis regulation framework. The bill establishes standards for the labeling and testing of industrial hemp products, as well as the registration of industrial hemp cultivators with the California Department of Food and Agriculture.
The bill also addresses concerns surrounding the use of delta-8, a psychoactive compound found in cannabis plants. AB45 clarifies that the manufacturing of delta-8 is not permitted in California unless it is produced through an approved industrial hemp program.
AB45 represents a significant step forward for California’s industrial hemp industry. By establishing clear regulatory procedures for the production and sale of industrial hemp products, the bill creates opportunities for farmers, processors, and manufacturers while ensuring that these products are safe and of high quality. With this regulatory framework in place, California is well-positioned to become a leader in the production of industrial hemp products.
What Does the Passing of AB45 Mean for Hemp and CBD Products?
The passing of AB45 in California is a significant development for the hemp and CBD industries. This bill establishes clear regulatory procedures for the production and sale of industrial hemp products, including raw hemp extract and hemp-derived CBD products.
One of the most significant provisions of AB45 is the legalization of the use of raw hemp extract in food products. Raw hemp extract is a versatile ingredient that has numerous potential uses in the food industry. The bill establishes standards for the use of raw hemp extract in food products and requires that all products containing hemp extract be labeled accordingly.
The passing of AB45 also means that hemp-derived CBD products will be subject to stricter regulations. Under the bill, all CBD products sold in California must be produced from hemp plants grown by an approved industrial hemp program and tested for purity and potency. This ensures that consumers are getting high-quality products that are safe for human and animal consumption.
Additionally, AB45 includes provisions for the regulation of industrial hemp products in the context of the state’s broader commercial cannabis regulation framework. This means that industrial hemp cultivators must comply with statutory provisions that establish procedures for the production and sale of industrial hemp products.
The passing of AB45 is significant for the hemp industry because it brings much-needed clarity and standardization to a rapidly growing market. With clear regulatory procedures in place, farmers, processors, and manufacturers can confidently invest in the production of industrial hemp products, knowing that they are operating within a legal framework.
AB45 also clarifies the legal status of hemp derivatives of delta-8, a psychoactive compound found in cannabis plants. The bill specifies that the manufacturing of delta-8 is not permitted in California unless it is produced through an approved industrial hemp program.
The passing of AB45 is a significant step forward for the hemp and CBD industries. This bill establishes clear regulatory procedures for the production and sale of industrial hemp products and ensures that consumers are getting safe and high-quality products. With this regulatory framework in place, California is well-positioned to become a leader in the production of industrial hemp products.
What products are not included?
AB45, the California bill that regulates the production and sale of industrial hemp products, has several provisions that exclude certain products from its regulatory scope.
One category of products that is not included in AB45 is adult-use cannabis. This refers to cannabis products intended for recreational use, which are subject to separate regulations under California law. The bill only covers products derived from industrial hemp plants and does not apply to cannabis products that contain significant amounts of THC.
Another category of products that is not covered under AB45 is pet food intended for animal consumption. This is because pet food is regulated by the California Department of Food and Agriculture and must comply with separate standards for safety and labeling processed pet food.
AB45 also does not apply to existing cannabis control, medicinal or adult-use cannabis activities that are already regulated under California law. This means that businesses operating under these regulations are not subject to the new provisions of AB45.
Additionally, the bill does not override federal laws that classify hemp as a controlled substance. This means that hemp-derived products that do not comply with federal laws, such as those containing more than 0.3% THC, are not covered under AB45.
AB45 also excludes adulterated foods and dietary supplements from its regulatory scope due to safety concerns. This means that products that do not comply with good manufacturing practices or that are considered unsafe for human consumption are not covered under the bill.
Finally, existing law requires that all food and drug products sold in California must comply with the California Constitution’s safety requirements. This means that any product that is found to be unsafe for human consumption is not covered under AB45.
In conclusion, AB45 is a bill that regulates the production and sale of industrial hemp and other hemp derived products here in California. While it has several provisions that exclude certain products from its regulatory scope, it is an essential step forward in establishing clear standards for the production and sale of industrial hemp products.
California State Legislature
The California State Legislature has taken significant steps in recent years to establish clear regulations for the production and sale of hemp and CBD products in the state. One of the most important pieces of legislation is AB45, which outlines procedures for the production of industrial hemp-based products.
AB45 defines an industrial hemp product as any product derived from industrial hemp plants that are based solely on industrial hemp. This means that the product includes industrial hemp must contain less than 0.3% THC, the psychoactive compound found in cannabis plants.
The bill establishes procedures for industrial hemp cultivators to produce raw hemp extract, which is then used in the production of hemp-derived CBD products. These products can be used for human or animal consumption and must comply with all applicable safety regulations.
AB45 is an essential step forward in establishing clear standards for the production and sale of industrial hemp products in California. It establishes a regulatory framework for commercial cannabis regulation, which includes hemp-based products.
Under the approved industrial hemp program, the California Department of Food and Agriculture is responsible for regulating the cultivation of industrial hemp and ensuring compliance with federal and state laws.
The legislature has also addressed the issue of delta 8, a compound found in some hemp-derived products that has psychoactive effects. In 2021, the California State Assembly passed AB 45, which outlaws the manufacturing and sale of delta 8 THC in the state.
Local, state and federal law enforcement agencies are also involved in the regulation of hemp and CBD products. They have the authority to seize any products that do not comply with state or federal laws.
The California State Legislature has taken significant steps to regulate the production and sale of hemp and CBD products in the state. AB45 is a crucial piece of legislation that establishes clear standards for the production of industrial hemp-based products and ensures compliance with federal and state laws.
