Understanding AB 8: A Guide for Cannabis Operators

AB 8 Cannabis Operator Guide_ Hemp Integration & Enforcement.pdf

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By Amy O’Gorman Jenkins, Executive Director of the California Cannabis Operators Association and Founder and President of Precision Advocacy

In October 2025, Governor Gavin Newsom signed Assembly Bill 8 (Aguiar-Curry) into law. This legislation represents California’s most significant step toward eliminating the confusion and consumer risks associated with unregulated intoxicating hemp products.

The bill builds on the Governor’s 2024 emergency regulations. It aims to create a permanent, balanced system that protects consumers, supports legitimate operators, and ensures responsible regulation of intoxicating cannabinoids.

What AB 8 Does

AB 8 effectively closes loopholes that previously allowed intoxicating hemp-derived products to reach children and the general public. These products were often mislabeled and sold without proper testing or age verification. Starting January 1, 2026, the measure strengthens state and local enforcement authority.

It empowers the Department of Cannabis Control (DCC), California Department of Public Health (CDPH), and California Department of Tax and Fee Administration (CDTFA) to inspect, seize, and penalize unlawful sales of intoxicating cannabinoid products. Retailers holding a cigarette or tobacco license who continue to sell these products face fines, license suspension, and even revocation for repeated violations.

Beginning January 1, 2028, the bill introduces a comprehensive integration framework. This framework allows industrial-hemp biomass—defined as containing 0.3 percent THC or less—to enter the regulated cannabis supply chain. Every batch must pass the same testing, track-and-trace, and pesticide standards that apply to cannabis. This ensures product safety and boosts consumer confidence.

AB 8 also explicitly prohibits hemp-derived THC extracts, oils, or concentrates from being incorporated into cannabis products. This measure closes a potential loophole that could undermine licensed cultivators. Additionally, it maintains a strict ban on hemp flower and pre-roll sales, preventing unfair competition with small-scale cannabis farms.

What AB 8 Doesn’t Do

Despite some misconceptions, AB 8 does not “decimate” cannabis farmers; rather, it protects them. The law maintains a clear distinction between the cannabis and hemp markets until DCC and CDPH finalize integration regulations. This ensures that only compliant hemp biomass may be used and that all intoxicating cannabinoids are handled under one transparent system. By prohibiting hemp extracts and concentrates from entering cannabis manufacturing, AB 8 prevents untested or illicit cannabis oil from being disguised as hemp and funneled into the legal market.

The bill’s integration framework does not authorize hemp cultivation under DCC or open the door to untested hemp-derived THC products. Instead, it subjects hemp entering the cannabis system to the same pesticide, quality, and origin standards that small cannabis farms already follow. This helps level the playing field. All intoxicating THC products, regardless of their source, remain restricted to the regulated California cannabis market. They must be tested, tracked, and sold only through licensed channels, with the sole exception of non-intoxicating, non-ingestible topicals.

Why It Matters

AB 8 provides clarity and consistency in a previously chaotic landscape. By aligning the regulatory treatment of intoxicating cannabinoids, the state protects youth and consumers. It also supports legitimate licensed cannabis operators and strengthens enforcement against the illicit market. Furthermore, the bill amends state law to grant DCC the authority to eliminate individual plant tagging. This change reduces unnecessary costs, waste, and paperwork for cultivators, representing a significant win for both large and small farmers.

Ultimately, AB 8 ensures that California’s cannabis and hemp policies advance together. They are grounded in science, fairness, and, most importantly, public safety.

Conclusion

In summary, AB 8 is a crucial piece of legislation that aims to regulate intoxicating hemp products effectively. It provides a framework that prioritizes consumer safety while supporting licensed operators. For a detailed breakdown of AB 8’s enforcement, integration, and taxation provisions, I’ve prepared a comprehensive analysis for industry operators here.