Cannabis: cannabinoids: industrial hemp.

The full chaptered enactment header was removed, including Chapter 248 designation, governor approval date (October 2, 2025), filing with Secretary of State, and the legislative counsel's digest summarizing all 10 sections of the bill.

All visible statutory text (Sections 1 through 11 of the bill) was removed from the chaptered format. The added replacement text is not visible in the truncated diff, so no substantive policy differences can be identified from the available data.

The definition of industrial hemp under the California Uniform Controlled Substances Act changes from 'delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent' to 'total tetrahydrocannabinol concentration of no more than 0.3 percent,' meaning all forms of THC now count toward the threshold, not just delta-9. This narrows what qualifies as hemp and expands what is treated as cannabis for regulatory and tax purposes.

Beginning January 1, 2026, industrial hemp raw extract cannot be incorporated into food, food additives, beverages, or dietary supplements unless it has a purity level greater than 99 percent and contains no tetrahydrocannabinols or synthetic cannabinoids.

Until January 1, 2028, licensed manufacturers may only use cannabinoid concentrates and extracts made exclusively from cannabis obtained from a licensed cultivator, and licensees are prohibited from possessing, transporting, distributing, manufacturing, or selling industrial hemp on or from licensed premises (except testing laboratories).

Beginning January 1, 2028, the definition of retail of industrial hemp now includes online sales to customers in the state.

The January 1, 2028 prohibition on inhalable products is expanded to also cover hemp flower, prerolls containing hemp flower or hemp-derived cannabinoids (whether infused or not), and cannabis products manufactured outside the licensed market.

The bill's list of amended code sections expands substantially, adding numerous Health and Safety Code sections (including 11006.5, 11018, 111920 through 111927.2, 113091), new sections (111921.1 and 111921.8), a repeal of Article 10 (Section 111929 et seq.), and a new Revenue and Taxation Code section 34015.3, while removing reference to Section 34013.1.

By narrowing the definition of industrial hemp (total THC instead of delta-9 THC), more products fall under the cannabis excise tax. The bill also subjects products presumed to be cannabis to the excise tax and a penalty, and requires a signed statement for penalty relief, making false statements a misdemeanor.

Seizure authority is modified: beginning January 1, 2028, seizure of products under the tobacco retailer provision requires that the product be possessed, stored, offered for sale, or sold by an unlicensed person or at an unlicensed premises. Seizure of alcoholic beverages is expanded to those that 'contain or purport to contain cannabinoids.'

In the tobacco retailer section (Section 22980.6), the presumption that a product is cannabis now explicitly includes synthetic cannabinoids, and the rebuttal standard is broadened: a product can rebut the presumption by either complying with MAUCRSA or meeting the definition of industrial hemp under Section 11018.5 of the Health and Safety Code.

Removed all amendment history headers (dates of prior amendments in Assembly and Senate) and replaced them with passage dates: Passed the Assembly September 13, 2025, and Passed the Senate September 12, 2025.

Removed line numbers from the bill text and reformatted into clean enrolled format suitable for gubernatorial signature.

Removed digest sections (9) and (10) regarding state-mandated local program reimbursement and the two-thirds vote requirement under Article XIII A of the California Constitution, along with the vote/appropriation/fiscal committee summary line.

Changed the digest header from 'AB 8, as amended, Aguiar-Curry' to 'AB 8, Aguiar-Curry', reflecting that this is now the final enrolled version rather than an amendment.

Removed digest section (8) which stated that the bill would incorporate additional changes to Sections 26051.5 and 26067 of the Business and Professions Code proposed by SB 861, operative only if both bills were enacted and AB 8 was enacted last.

Header changed from enrolled bill format (Assembly/Senate passage lines, blank Governor receipt date) to chaptered format with 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGICAL MATERIAL' and the assigned chapter number 248.

Governor approval date filled in as October 2, 2025, replacing the previously blank receipt line.

Page headers changed from 'AB 8' with bill number 92 to 'Ch. 248' with bill number 91, and text was reflowed throughout due to different page width and formatting.

New prohibition on the sale of hemp flower and hemp prerolls for consumption within the state under the California Uniform Controlled Substances Act. This closes a gap where hemp flower and prerolls could be sold as industrial hemp products despite containing psychoactive effects similar to cannabis.

CDTFA seizure authority expanded to additionally cover alcoholic beverages that contain cannabinoids, inhalable products containing cannabinoids derived from industrial hemp, and products containing synthetic cannabinoids. Previously the seizure presumption applied only to products containing or purporting to contain THC or a comparable cannabinoid.

Cannabis excise tax language corrected from 'would repeal' to 'would suspend' the requirement that the department adjust the tax rate beginning January 1, 2028. During the suspension period (2028-2033), a flat 15% excise tax rate applies instead of the formula-based adjustment.

The full statutory text of Section 22980.6 (both the pre-2028 version prohibiting tobacco retailers from selling unauthorized cannabis products and the post-2028 version) and Section 26000.5 (operative date provision for Division 10 amendments) were removed from this portion of the bill, likely restructured elsewhere given the diff is truncated at 901 of 5327 lines.

The cannabis excise tax provision was changed from permanently repealing the requirement to adjust the tax rate (thereby retaining 15%) to suspending that requirement only until January 1, 2033. After that date, the adjustment mechanism would presumably resume. The language also shifted from 'retaining the existing' rate to 'would instead impose' a 15% rate during the suspension period.

The prohibition on inhalable cannabis products was broadened by removing the phrase 'in whole or in part' before 'derived from industrial hemp.' Previously, only products containing cannabinoids derived wholly or partly from industrial hemp were covered; now any inhalable product containing cannabinoids derived from industrial hemp (regardless of proportion) is prohibited. The synthetic cannabinoid language was also simplified from 'a synthetic cannabis product, product containing synthetic cannabinoids' to 'a product containing synthetic cannabinoids.'

New language was added acknowledging that existing law requires bills authorizing a new tax expenditure to include specific goals, detailed performance indicators, and data collection requirements, and stating that this bill includes the additional information required for a new tax expenditure. This is likely triggered by the change from a permanent repeal to a time-limited suspension of the tax adjustment mechanism.

The bill's stated purpose changed from 'relating to industrial hemp' to 'relating to cannabinoids,' broadening the regulatory scope beyond just hemp to cover all cannabinoid products.

Former Section 26003, which explicitly stated that MAUCRSA does not prohibit a licensee from manufacturing, distributing, or selling products containing industrial hemp or cannabinoids if compliant with state law, was removed entirely.

The legislative findings section (former Section 1) stating the Legislature's intent to enhance viability of cannabis licensees by relieving tax and regulatory requirements and authorizing sale of hemp and CBD products was removed.

A new provision specifies that MAUCRSA does not apply to products that contain no cannabinoids other than CBD isolate (defined as cannabidiol with purity greater than 99%), effectively creating a regulatory exemption for pure CBD isolate products.

The appropriation designation changed from 'no' to 'yes,' meaning the bill now includes a state funding appropriation that was not present in the prior version.

The definition of 'cannabis products' in Section 26001 was refined to explicitly include 'concentrated cannabinoids' and to cross-reference Section 11018.1 of the Health and Safety Code for its meaning.

The 'batch' definition was revised from 'cannabis or industrial hemp plant matter' to 'plant matter from either cannabis or industrial hemp,' clarifying that a batch can combine both sources.

The prohibition on inhalable cannabis products beginning January 1, 2028 was reworded from products 'derived in whole or in part from industrial hemp or a synthetic cannabis product' to products 'containing cannabinoids derived in whole or in part from industrial hemp or a synthetic cannabis product, product containing synthetic cannabinoids,' narrowing the focus to the cannabinoid content rather than the product source.

Expands the definition of 'cannabis products' under MAUCRSA to include cannabis or industrial hemp that has undergone processing into a concentrate, including concentrated cannabinoids. This subjects industrial hemp used in cannabis products to full cannabis regulatory requirements (track and trace, security, testing, advertising restrictions) beginning January 1, 2028.

The bill's stated purpose expands from merely adding a registration section and amending one Health and Safety Code section to amending over 20 sections across the Business and Professions Code, Health and Safety Code, and Revenue and Taxation Code, covering industrial hemp, cannabinoids, cannabis regulation, taxation, and enforcement.

Prohibits MAUCRSA licensees from selling, offering, or providing inhalable cannabis products derived in whole or in part from industrial hemp or synthetic cannabis products, effective January 1, 2028.

Prohibits an industrial hemp cultivator from transferring or selling industrial hemp to a MAUCRSA licensee if a banned pesticide was used in its cultivation.

New Section 22980.6 prohibits cigarette and tobacco product retailers from possessing, storing, owning, or making retail sales of cannabis or cannabinoid products at their locations. Violations carry escalating civil penalties ($1,000 to $10,000) plus license suspension or revocation. This provision sunsets on January 1, 2028 when the full hemp-derived product regulatory framework takes effect.

Repeals the requirement for CDTFA to adjust the cannabis excise tax rate upward (which was set to increase from 15% toward up to 19%), retaining the existing 15% rate. Separately, subjects cannabis products derived from industrial hemp and licensed under MAUCRSA to the cannabis excise tax beginning January 1, 2028, increasing revenue into the California Cannabis Tax Fund.

Authorizes CDTFA, State Department of Public Health, Department of Cannabis Control, and other state and local law enforcement agencies to inspect, seize, and destroy cannabis products or products not authorized under MAUCRSA, the Sherman Food Drug and Cosmetic Law, or specified federal or tribal laws.

Creates a legal presumption that a product containing or purporting to contain THC or a comparable cannabinoid is a cannabis product for seizure purposes, if there is reasonable cause to believe it is not authorized as hemp under the Sherman Act or (after January 1, 2028) under MAUCRSA.

Expands universal symbol protections to cover any 'likeness, simulation, or representation substantially similar' to the symbol (not just the symbol itself), and prohibits altering or cropping the universal symbol except as allowed by regulation. Each package, label, or advertisement bearing the symbol in violation constitutes a separate offense.

Adds new definitions including 'cannabis concentrate' (cannabis or industrial hemp processed to increase potency), 'synthetic cannabinoid' (cannabinoids produced via biosynthesis, bioconversion, or chemical synthesis, including delta-8, delta-9, and delta-10 THC converted from CBD), 'CBD isolate' (purity greater than 99%), and a new definition of 'industrial hemp' within the cannabis division limited to agricultural products that do not contain cannabinoids.

The bill's vote requirement changes from majority to two-thirds of each house due to the tax increase provision (subjecting hemp-derived cannabis products to the excise tax). Most major regulatory changes take effect January 1, 2028, while the tobacco-cannabis retail separation provision is inoperative after that date.