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CaCOA Continues Fight Against Intoxicating Hemp Products at Assembly Hearing (AB 8)
- Laura Braden
- Apr 23
- 2 min read
Updated: Apr 25
On April 22, our Executive Director Amy O'Gorman Jenkins testified before the Assembly Business and Professions Committee in support of Assembly Bill 8 (Aguiar-Curry), legislation co-sponsored by the California Cannabis Operators Association (CaCOA) to address the growing threat of unregulated intoxicating hemp products flooding the legal market.
The bill passed the committee with strong bipartisan support in a 17-0 vote, with one member abstaining. It now heads to the Assembly Revenue and Taxation Committee, where it will be heard on April 28.
Jenkins’ testimony highlighted the alarming findings from the recent HempHoax.com’s white paper, which revealed the extent of this crisis after lab testing over 100 hemp-derived THC products sold in California.
"89% exceeded the legal THC limit under California law," Amy testified. "66% were marketed to children, using cartoon imagery and mimicking candy and soda brands. 52% had no testing or potency verification. 35% were manufactured out-of-state or internationally, bypassing all state oversight. And none were taxed under California's cannabis laws, despite many containing equal or higher levels of THC than regulated cannabis products."
These unregulated products are harming public health and undermining California’s regulated cannabis market.
Jenkins emphasized that a recent Whitney Economics analysis reduced its U.S. cannabis retail forecast by more than $21 billion over the next five years, citing "high taxes, poor enforcement, and the flood of untaxed intoxicating hemp products" as key factors.
For California specifically, she noted that "legal cannabis participation is declining. Not because of lack of demand, but because consumers are priced out of the legal market."
AB 8 draws a clear, enforceable regulatory line: if a product is intoxicating, it belongs under the Department of Cannabis Control's oversight. This ensures all THC products, regardless of source, must meet the same testing, age verification, taxation, and safety standards that licensed cannabis operators follow daily.
Addressing concerns raised by opponents, Jenkins clarified that AB 8:
Enforces testing at the point hemp enters the cannabis supply chain
Bans synthetic cannabinoids, which are detectable under current testing standards
Protects small cannabis cultivators by explicitly prohibiting hemp flower or hemp-derived cannabinoids in inhalable products
Strengthens our tax structure by expanding the taxable base
"AB 8 is not about picking sides between cannabis and hemp," she concluded. "It's about protecting kids, safeguarding consumers, and preserving the regulated system voters chose."
As CaCOA members, this legislation directly impacts your businesses by leveling the playing field, ensuring all intoxicating products face the same regulatory requirements and tax obligations you already meet. By supporting AB 8, we're fighting to restore market balance, protect public health, and ensure the sustainability of California's legal cannabis industry.
We'll continue to keep you updated as AB 8 progresses through the legislature. Your continued engagement and support are crucial to our advocacy efforts.
