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CBD has become popular for managing conditions like anxiety and insomnia, but understanding its legal status can be challenging due to varying state regulations.
So, is CBD legal in California? Yes, CBD oil is legal in California; however, the state imposes stricter regulations than many others regarding the sale and distribution of CBD products.
Here’s what you need to know about CBD California law and how to buy CBD in California:
Table of Contents
Legal Concerns About CBD
What are the CBD laws in California?
How is CBD regulated in California?
Does California have a CBD possession limit?
Can doctors prescribe CBD in California?
Where is CBD available in California?
Can minors buy CBD in California?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Assembly Bill 228, introduced in early January 2019, aimed to iron out the legal status of CBD in food and cosmetic products. However, the bill failed to pass and is now at a standstill, leaving the state of California in an unclear position on the topic.
On January 24, 2019 the State of California’s Attorney General’s Office released a document to clarify the legal status of hemp-derived CBD in the state. The document verified California’s differentiation between cannabis and hemp products based on a definition that looks much like the federal definition. Industrial hemp products include any part of the Cannabis Sativa L plant that contain less than 0.3% THC.
The letter included no finite ruling on CBD’s legality, but it did outline multiple instances in which CBD is not approved. California aligns with the FDA’s ruling that CBD has not been regulated for use in food and dietary supplement products, but fails to outline when CBD counts as a food adulterant.
Therefore, according to the FDA and the state of California, CBD is prohibited as an ingredient or additive in any foods, beverages, and animal foods, and these products cannot be sold by an unlicensed seller. However, these “rules” do not point to any existing California state laws, rather they are a vague interpretation of federal rules.
Additionally, products derived from hemp cannot be sold in state-licensed dispensaries, but CBD products made from marijuana are approved. Similar laws can be found in Minnesota, New Hampshire, Washington, and multiple other states.
Similarly to states like Arkansas and Alabama, there are no consumer-centric laws that prohibit the use of these CBD products in California, and most of the CBD laws in place affect growers, manufacturers, and sellers. Currently, there is no information available that would define CBD as illegal for consumer use in the state of California, meaning that the state falls back on federal regulations.
Products that contain more than 0.3% THC are classified as cannabis products, which are legal for adult use and medical use in the state of California. However, cannabis products are subject to different restrictions and laws that do affect consumers.
After SB 566 took effect in 2017, California began developing their plan to regulate the commercial production of industrial hemp. Although it is unclear at this time exactly how CBD products are regulated, the regulation of all hemp products fall under the jurisdiction of the California Department of Food and Agriculture.
In general, California does not impose strict regulations on CBD products except for prohibiting their use in food, drinks, and dietary supplements. This lack of regulation may put consumers at risk, so it’s important to take special precautions when buying CBD in the state of California.
To date, there are no possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are legal in California, but are subject to their own possession limits.
In California, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states like California where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
In California, state laws prohibit the use of CBD in foods, drinks, and supplements. Otherwise, the state has very few regulations on the sale of CBD. Despite these legal caveats, many businesses still sell CBD as a dietary supplement or food additive, which could spark legal issues. Because regulations are scarce, you can get CBD in grocery stores, convenience stores, and wellness markets all over the state.
However, this lack of regulation can be risky.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
The legal age to buy CBD in California is unclear, as there are no statewide regulations, and laws can vary by jurisdiction; while cannabis products require buyers to be at least 21, many CBD brands permit online orders for customers aged 18 and older, although some products like smokable hemp flower and CBD vaporizers may not be suitable for all ages.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. There are no laws that prohibit the use of CBD in California, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
Yes, you can buy CBD over the counter in California at various retail locations and online. However, the quality and legality of the products can vary, so it’s essential to choose reputable brands.
Yes, recreational CBD is legal in California as long as it is derived from hemp and contains less than 0.3% THC, aligning with state and federal laws.
Yes, you can travel with CBD to California, provided it meets federal regulations (i.e., it contains less than 0.3% THC). However, it’s advisable to carry proof of purchase and check local regulations at your destination.
No, CBD is not classified as a controlled substance in California, especially if it is derived from hemp and complies with state and federal regulations.
Generally, CBD itself does not show up on a drug test, but some full-spectrum CBD products may contain trace amounts of THC, which could potentially result in a positive drug test.
While CBD is not classified as a controlled substance, it is still considered a drug under the FDA’s definition, especially when used as a therapeutic treatment.
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