California Alcohol Businesses 99.7% Compliant With Intoxicating Hemp Product Prohibition
May 8, 2025
California’s licensed alcohol establishments are no longer selling intoxicating hemp products in near-universal compliance with the state’s prohibition policies implemented last year, Gov. Gavin Newsom announced May 8.
The governor issued emergency regulations in September 2024 to require that industrial hemp food, beverage and dietary products intended for human consumption have no detectable THC or other intoxicating cannabinoids derived from the plant, such as delta-8 THC infused into edibles and beverages.
The regulations, intended to prevent children from accessing the products, also created a minimum age of 21 years to purchase nonintoxicating hemp products, such as those that contain CBD.
After the California Office of Administrative Law approved the governor’s emergency regulations later that month, they were adopted by the California Department of Public Health (CDPH), making hemp-derived THC products illegal.
Since that September 2024 adoption, the California Department of Alcoholic Beverage Control (ABC) began visiting licensed alcohol establishments within their jurisdiction to enforce the law, inspecting 11,445 businesses and removing 7,151 prohibited products from 148 locations, according to the governor’s office.
However, since the beginning of 2025, the ABC reported that licensed alcohol establishments have been 99.7% compliant with the regulations—16 violations during 5,478 site visits. ABC businesses that fail to comply with the law face license revocations as well as potential legal ramifications.
“Our licensees have overwhelmingly complied with the regulation,” ABC Chief Deputy Director Frank Robles said Thursday. “On the few occasions when ABC agents found items during inspections, they’ve ensured these harmful products are removed from shelves.”
Despite its agents finding a near-universal compliance so far in 2025, the department will continue to visit licensed locations throughout the state to enforce the regulations, providing weekly updates of violations.
Although licensed liquor stores don’t allow those under 21 to enter their establishments, Newsom said their compliance helps ensure intoxicating cannabinoid products don’t end up in the hands of the state’s youth.
“We are doing our part to ensure intoxicating hemp products are out of the reach of vulnerable groups like children,” Newsom said. “We must always put the safety of Californians first.”
The regulations don’t impact licensed cannabis dispensary sales, which include intoxicating compounds derived from the same plant species; however, licensed cannabis businesses operate under a framework that requires laboratory testing with certificates of analysis on product labels to help ensure consumer safety from harmful contaminants.
On the other hand, in the aftermath of the 2018 Farm Bill, which federally legalized hemp, manufacturers have “exploited the law,” according to Newsom’s office, to produce and market intoxicating hemp products without the same safeguards in place.
These products are often sold in unlicensed retail establishments, including smoke and vape shops, gas stations and convenience stores. The governor’s office did not include an update on the compliance rates for these unlicensed businesses.
In addition to the ABC, other state agencies and officials are expected to take enforcement actions against those who violate Newsom’s prohibition policies, including the CDPH, the California Department of Cannabis Control (DCC), the California Department of Tax and Fee Administration, and state and local law officers.
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