On October 6, 2021, Governor Newsom signed AB-45 into law. The bill, which takes effect immediately, permits the sale of food, beverages, dietary supplements, pet products, and cosmetics containing hemp-derived ingredients, including CBD. (Though, of course, the Food and Drug Administration still maintains that CBD is not permitted in food and dietary supplements.) The passage of AB-45 overrides the California Department of Public Health’s infamous FAQ prohibiting sale of all CBD products in California. The official announcement can be found here.

Below is a high-level summary of AB-45’s key provisions:

General Permissibility of Hemp Products

Registration with the California Department of Public Health (CDPH) and General Manufacturing Requirements

Regulation of Cannabinoids

AB-45 regulates which cannabinoids can be used and at what concentrations. For example:

Testing Requirements for Raw Hemp Intended to be Included in a Food, Beverage, Dietary Supplement or Cosmetic and Finished Hemp Products

Inhalable Products

Labeling and Advertising

Other Areas Where CDPH Has Discretion

Integration with the Cannabis Supply Chain

Source: https://vicentesederberg.com