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California Bill Would Allow Hemp-Derived Products Into Adult-Use Market

The tides of policy change are always turning in the complex realm of hemp and cannabis. California, a pivotal battleground in the national and global cannabis movements, is often at the forefront of legislative shifts that ripple through the broader industry. Assembly Bill 2223 (AB 2223) is the latest in a series of proposed amendments that could bring sweeping changes to the state’s cannabis and hemp sectors.

Introduced on February 7th, 2024 by Assembly Member Aguilar-Curry, AB 2223 aims to open new pathways for hemp-derived products, reshape the definition of cannabinoids, and impose stringent regulations on the fast-growing hemp sector first reported by Griffen Thorne and Canna Law Blog.

As with any proposed legislation, the bill is subject to scrutiny, revisions, and potential rejection. However, understanding its current scope and potential impact can provide invaluable insights for industry stakeholders and enthusiasts alike.

Embracing Hemp in the Cannabis Market

At the heart of AB 2223 lies the proposal to blend the hemp industry with California’s adult-use cannabis market, a move that would signal a step towards greater integration of these two often siloed sectors.

The bill suggests an amendment to MAUCRSA, California’s comprehensive cannabis legislation, allowing licensed cannabis vendors to sell products that contain industrial hemp and its derivatives. The provisions also include an allowance for manufacturers to procure industrial hemp from CDPH-registered entities.

If this transition occurs, it stands to really change product offerings within the cannabis market. Hemp-derived ingredients could reconfigure the landscape, offering a new array of non-intoxicating and potentially therapeutic elements.

The bill’s stance on ‘synthetic cannabinoids’ is ardent and clear. AB 2223 aims to outlaw the use of delta-9 tetrahydrocannabinol that has been converted from a hemp-derived cannabinoid and would prohibit the sale of ‘cannabis, a cannabis product, or an industrial hemp product’ that contains such compounds.

The proposed definition of ‘synthetically derived cannabinoids’ intricately navigates the molecular structure changes following extraction from the Cannabis sativa L. plant.

Championing this definition is significant for consumer safety and regulatory clarity. It delineates the boundaries between natural cannabis compounds and their synthetic counterparts, which are often subject to misconceptions and controversies.

Hemp Industry Reinforces Total THC Standards

California’s regulatory approach to Total THC (THC + THCA) sets a benchmark for caution and pragmatism. AB 2223 reinforces the state’s stance on THC limitations, underlining the sum of THC and THCA as key metrics in the determination of product legality.

These provisions aim to counterbalance the broader, federal guidelines, which are perceived to be less stringent.

This policy reinforcement could have widespread ramifications for the hemp industry, particularly regarding products deemed to be ‘intoxicating.’ The bill’s approach suggests that the majority of hemp-produced items, such as THCA flower or delta-8, could conceivably exceed California’s proposed low THC threshold.

While these stringent standards underscore the state’s commitment to consumer protection, they also showcase a potential hurdle for the hemp industry’s evolution and innovation.

New Product Requirements and Standards for Hemp

In an effort to standardize the burgeoning hemp industry, AB 2223 introduces a slew of new requirements. These include precise stipulations on serving sizes for hemp food and beverages, limitations on the number of servings per package, and definitions for hemp dietary supplements in pill, tablet, or capsule form.

The bill’s silence on a specific THC cap for final-form hemp products leaves room for interpretation. However, the crafting of these standards with the input of qualified testing laboratories suggests a forward-thinking, collaborative approach to industry regulation. These measures could enhance consumer confidence in hemp products while potentially constraining the freedom of innovation for certain sectors.

AB 2223 presents a tale of dichotomies – of opportunity and restriction, inclusion and exclusion. For proponents of a unified cannabis and hemp industry, the bill promises fresh prospects for product diversification and collaboration.

Yet, the stringent stipulations on synthetic cannabinoids and THC reinforce California’s stance on consumer protection, setting the stage for potential frictions and confinements within the evolving hemp market.

As the legislative journey of AB 2223 unfolds, it is crucial for stakeholders to stay informed, engaged, and ready to pivot.

Whether the bill emerges as a transformative force or fizzles into legislative obscurity, its proposals and the implications they carry offer invaluable points of conversation and contemplation. California’s hemp and cannabis industries will continue to coalesce and contend – and in this ever-evolving landscape, foresight and adaptability will be key to navigating the seas of change.


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