The Department of Cannabis Control’s (DCC) Law Enforcement Division has compiled a summary of Assembly Bill 8 (AB 8) for federal, state, tribal and local law enforcement partners that includes updated definitions, enforcement authorities, operational considerations and enforcement implications associated with industrial hemp, cannabinoids and related products.
Overview
AB 8 was adopted to address public safety concerns, improve regulatory oversight and close gaps involving intoxicating cannabinoid products being sold outside California’s regulated cannabis supply chain.
This information is intended for informational purposes only and does not constitute legal advice. Enforcement actions should be based upon specific facts and circumstances and conducted in accordance with applicable laws, departmental policies and legal guidance.
Key changes
AB 8 revises industrial hemp and cannabinoid product definitions, and limitations on products containing tetrahydrocannabinol (THC) and other intoxicating cannabinoids.
Key revisions include:
- Certain cannabinoid products previously marketed as hemp-derived products may now fall under cannabis regulatory requirements.
- Products containing intoxicating cannabinoids are no longer treated as exempt industrial hemp products.
- Synthetic or altered cannabinoid products may be prohibited or otherwise subject to enforcement action.
- Hemp-derived products intended for inhalation or consumption may be subject to additional restrictions.
- The sale or delivery of hemp flower and hemp pre-rolls within California is prohibited.
Updated definitions
AB 8 revises several legal definitions within California law to give law enforcement and regulators clearer authority over hemp-derived intoxicating products and helps reduce confusion between legal hemp products and intoxicating cannabis products being sold outside the licensed market.
Updated definitions include:
(1) “Industrial hemp” or “hemp” means types of the plant Cannabis sativa Linnaeus or any part of that plant with a total tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis and is limited to only agricultural products, including seeds, propagated plant material, immature or mature plants, harvested plants, mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any preparation that does not contain cannabinoids. (2) Total tetrahydrocannabinol concentration includes both delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid and shall be calculated using the following equation: Total THC concentration (mg/g) +/- the measurement of uncertainty, as defined by the Department of Food and Agriculture.
- Concentrated Cannabis (HSC section 11006.5):
Starting January 1, 2026: “concentrated cannabis” or “cannabis concentrate” means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing potency, and includes extracts, oils, hash, dab, shatter, rosin, wax, and the separated resin, whether crude or purified.
Starting January 1, 2028: “Concentrated cannabis” or “cannabis concentrate” means cannabis or industrial hemp that has undergone a process to concentrate one or more active cannabinoids, thereby increasing potency, and includes extracts, oils, hash, dab, shatter, rosin, wax, and the separated resin, whether crude or purified. “Cannabis concentrate” does not include CBD isolate.
- Cannabis Product (HSC section 11018.1):
“Cannabis products” means a product containing cannabis or cannabis concentrate and includes, but is not limited to, edible, topical, and inhaled products, and products intended for use on, or consumption by, an animal. It shall be presumed that a product intended for human or animal consumption that contains or purports to contain any tetrahydrocannabinol is a cannabis product, regardless of the nature or source of the cannabinoids. This presumption may be rebutted by evidence showing that the product complies with Chapter 9 (commencing with Section 111920) of Part 5 of Division 104 and any regulations promulgated pursuant to that chapter.
- Synthetic Cannabinoid (Business and Professions Code (BPC), division 10, section 26001(bf))
The addition of the “synthetic cannabinoid” definition is significant because it targets chemically altered or laboratory-made cannabinoid products commonly sold in smoke shops and vape stores, including THC that was produced by the conversion of CBD. This definition is also referenced within the California Controlled Substances Act under HSC section 11357.5.
Expanded list of prohibited products
AB 8 expands the list of products that may not be sold through unlicensed retail channels. These changes are intended to prevent intoxicating cannabinoid products from being sold through smoke shops, convenience stores, online platforms and other unlicensed retail outlets.
Prohibited products include:
- Hemp flower (BPC section 26070.2(c))
- Hemp pre-rolls (BPC section 26070.2(c))
- Alcoholic beverages containing cannabinoids (BPC section 26070.2(a))
- Inhalable products containing hemp derived THC (BPC section 26070.2(b))
- Products containing synthetic cannabinoids (BPC section 26070.2(d))
- Cannabis products manufactured outside California’s licensed cannabis market (BPC section 26070.2(e))
Penalties for illegal hemp sales
AB 8 creates additional penalties for smoke shops and retailers selling illegal hemp products under BPC section 22980.6.
This provides enforcement agencies stronger authority for inspections, seizures, administrative actions and civil penalties involving unlawful hemp sales.
Cannabis tax penalties expanded to illegal hemp
Beginning January 1, 2028, cannabis excise tax penalties will also apply to illegal hemp products under Revenue and Taxation Code, division 2, section 34015.3.
This allows investigators to pursue financial and tax-related violations connected to unlawful hemp sales and distribution operations.
Enforcement
AB 8 reinforces California’s position that intoxicating cannabinoid products must be sold through the licensed cannabis market and remain subject to state regulation and enforcement. This will likely increase enforcement activity involving:
- Smoke shops
- Vape stores
- Unlicensed distributors
- Online cannabinoid sales
- Synthetic cannabinoid products
Enforcement authorities
Partner agencies may take enforcement action under applicable laws and regulations including:
- HSC provisions relating to cannabis and controlled substances
- Medicinal and Adult-Use Cannabis Regulation and Safety Act enforcement provisions
- Sherman, Food, Drug, and Cosmetic Law
- Consumer protection and misbranding statutes
- Applicable local ordinances
- Tax and licensing authorities where appropriate
- Administrative inspection authorities where applicable
AB 8 also authorizes regulatory and law enforcement agencies to take enforcement action against products that violate applicable law(s).
Enforcement options
Direct enforcement actions options may include:
- Administrative inspections
- Seizure of unlawful products
- Product embargoes
- Evidence collection and preservation
- Referral for criminal investigation
- Referral for administrative action
- Referral to licensing authorities
Coordination and online enforcement actions may include:
- Coordination with DCC, California Department of Public Health, California Department of Tax and Fee Administration, Alcohol Beverage Control and local prosecutors
- Identification and documentation of online sales platforms, websites, social media accounts, and digital advertising promoting prohibited products
- Referral of online sellers and distributors for cease-and-desist actions or other regulatory enforcement measures
- Coordination with regulatory agencies regarding internet-based sales, advertising, and distribution of prohibited products
Operational considerations
Personnel should consider the following during investigations:
- Product indicators
- Products marketed as including any form of THC, including Delta-8 THC, Delta-9 THC, Delta-10 THC or other THC analogs
- Products marketed as including any synthetic cannabinoids, including HHC or THC-O or other intoxicating compounds
- Packaging designed to appeal to minors
- Products sold outside regulated cannabis channels
Investigative considerations
When conducting investigations, it’s important to consider:
- Document websites, social media accounts, online advertisements, and e-commerce platforms associated with the sale of potentially prohibited products
- Preserve screenshots and other digital evidence reflecting product claims, pricing, availability, and distribution methods
- Identify online sellers, distributors, fulfillment locations, and associated business entities
- Compare product labeling and marketing claims against laboratory testing results when available
- Consider referrals to appropriate regulatory agencies for cease-and-desist actions involving online sales of prohibited products
Interagency coordination
Partner agencies are encouraged to coordinate with DCC and relevant regulatory entities when identifying suspected violations involving cannabis or hemp products, and be responsible for the referral of online sellers, distributors and marketplace operators to appropriate regulatory agencies for cease-and-desist actions, administrative enforcement or other available remedies.
Collaboration can improve case development, product identification and enforcement consistency.
Related resources
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Unified Cannabis Enforcement Task Force (UCETF)
“The legal cannabis market brings billions of dollars to our state’s economy, helping to sustain California’s position as the fifth largest economy in the world. We will not tolerate illegal operations that threaten our economy and the health and well-being of California communities.” – Governor Gavin Newsom About UCETF The Unified Cannabis Enforcement Task Force…