AB 8: Protecting Consumers and Ensuring Fairness for California’s Licensed Cannabis Industry

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, marking California’s most significant step yet toward ending the confusion and consumer risk created by dangerous, unregulated intoxicating hemp products. 

The bill builds on the Governor’s 2024 emergency regulations to create a permanent, balanced system that protects consumers, supports legitimate operators, and ensures that intoxicating cannabinoids are regulated responsibly.

What AB 8 Does

AB 8 closes loopholes that allowed intoxicating hemp-derived products, often mislabeled and sold without testing or age verification, to reach children and the general public. Beginning January 1, 2026, the measure strengthens state and local enforcement authority, empowering 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 that hold a cigarette or tobacco license and continue to sell intoxicating cannabinoid products face fines, license suspension, and even revocation for repeated violations.

Starting January 1, 2028, the bill rolls out a comprehensive integration framework that allows industrial-hemp biomass (and only biomass meeting the federal definition of hemp of 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, ensuring product safety and consumer confidence.

AB 8 also explicitly prohibits hemp-derived THC extracts, oils, or concentrates from being incorporated into cannabis products, closing a potential loophole that could have undermined licensed cultivators. In addition, 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; it protects them. The law keeps the cannabis and hemp markets distinct until DCC and CDPH finalize integration regulations, ensuring 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 also 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, helping level the playing field. All intoxicating THC products, regardless of source, remain restricted to the regulated California cannabis market, ensuring they are 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 where there has been chaos. By aligning the regulatory treatment of intoxicating cannabinoids, the state protects youth and consumers, supports legitimate licensed cannabis operators, and strengthens enforcement against the illicit market. It also amends state law to give DCC the authority to eliminate individual plant tagging, reducing unnecessary costs, waste, and paperwork for cultivators, an important win for large and small farmers.

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

For a detailed breakdown of AB 8’s enforcement, integration, and taxation provisions, I’ve prepared a comprehensive analysis for industry operators here.