Code Section Group

Health and Safety Code - HSC

DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406]

  ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. )

PART 5. SHERMAN FOOD, DRUG, AND COSMETIC LAWS [109875 - 111929.4]

  ( Part 5 added by Stats. 1995, Ch. 415, Sec. 6. )

CHAPTER 9. Industrial Hemp [111920 - 111929.4]

  ( Chapter 9 added by Stats. 2021, Ch. 576, Sec. 10. )

ARTICLE 2. General Provisions [111921 - 111921.7]
  ( Article 2 added by Stats. 2021, Ch. 576, Sec. 10. )

111921.
  

An industrial hemp product shall not be distributed or sold in the state except in conformity with all applicable state laws and regulations, including this chapter and any regulations promulgated thereunder, and with documentation that includes both of the following:

(a) A certificate of analysis from an independent testing laboratory that confirms both of the following:

(1) The industrial hemp raw extract, in its final form, does not exceed THC concentration of an amount determined allowable by the department in regulation, or the mass of the industrial hemp extract used in the final form product does not exceed a THC concentration of 0.3 percent.

(2) The industrial hemp product was tested for any hemp derivatives identified on the product label or in associated advertising in accordance with Section 111926.2.

(b) The industrial hemp product was produced from industrial hemp grown in compliance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code if sourced from within California, or licensed in accordance with United States Department of Agriculture (USDA) requirements if sourced from outside the state.

(Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.)

111921.3.
  

The department may adopt regulations imposing an age requirement for the sale of certain industrial hemp products upon a finding of a threat to public health.

(Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.)

111921.5.
  

(a) Unless explicitly approved by the federal Food and Drug Administration, industrial hemp shall not be included in products in any of the following categories:

(1) Medical devices.

(2) Prescription drugs.

(3) A product containing nicotine or tobacco.

(4) An alcoholic beverage.

(b) The department may prohibit the inclusion of industrial hemp in other products when it poses a risk to human or animal health through regulation.

(c) Cannabis and cannabis products are not subject to this section.

(Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.)

111921.6.
  

(a) Manufacture or sale of inhalable products is prohibited. Manufacture of inhalable products for the sole purpose of sale in other states is not prohibited.

(b) This section shall become inoperative and is repealed on the effective date of a measure passed by the Legislature that establishes a tax on inhalable products and states the intent of the Legislature to fulfill the requirements of this section.

(Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021. Conditionally repealed as prescribed by its own provisions.)

111921.7.
  

(a) The department may exclude from the definition of “THC or Comparable Cannabinoid” one or more isomers of tetrahydrocannabinol if the department determines, consistent with subdivisions (c) and (d), that the tetrahydrocannabinol isomer does not cause intoxication.

(b) The department may include any other cannabinoid, in addition to those expressly listed in subdivision (l) of Section 111920, in the definition of “THC” if the department determines, consistent with subdivisions (c) and (d), that the cannabinoid causes intoxication.

(c) In making a determination under subdivision (a) or (b), the department shall consider scientific evidence concerning the pharmacological effects of the tetrahydrocannabinol or other cannabinoid in humans or other animals, if that evidence is available.

(d) Any initial determination under subdivision (a) or (b) shall not be subject to the administrative rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, but the department, without being subject to those administrative rulemaking requirements, shall establish a process to receive public comment regarding those determinations, and shall publicly post all determinations on its internet website. However, any initial determination shall be confirmed subject to the administrative rulemaking requirements no later than 18 months following the date of the initial determination.

(Added by Stats. 2021, Ch. 576, Sec. 10. (AB 45) Effective October 6, 2021.)

HSCHealth and Safety Code - HSC2.