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Holiday Cheers To The New CBD Laws in California


The wintry chill is quite comfortable for CBD-related businesses, with new CBD laws and regulations coming to force in California jurisdictions in the first part of October with the passing of Assembly Bill 45. As a result, the state’s cannabis industry is all set to go from strength to strength. CBD-related insurance professionals and other businesses received the legal stimulus they needed from AB 45 to truly flourish. Per the new law, manufacturers can include CBD and hemp-derived products if the THC content is less than 0.3 percent. The legal provision covers many beverages and food products and includes pet food, health supplements and even cosmetics.

New CBD Laws in California: AB 45

The legislation aligns with the federal laws that made hemp legal federally with the 2018 Farm Bill. In addition, the AB 45 legislation follows the Sherman Food, Drug, and Cosmetic Law that regulates the sale of foods, beverages and cosmetic products. The latter prohibited selling and manufacturing adulterated drinks, food or cosmetic products in the market. The previous legislation considered products in these industries to be “adulterated” if they contained any harmful substances that could act as deleterious or poisonous, leading to injury of personal health.

New California CBD Law
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As per the new law, any entity manufacturing food and diet products containing industrial hemp would first need to register themselves with the state’s Department of Public Health. This is done to ensure that the plant parts thus included in the product come from a location with an established industrial hemp production regulation. Further, the bill also regulates advertising related to such products.

Though the legislation is definitely a step forward in the right direction. The structural processes could restrict businesses from making a foray into the industry. So, it is only natural that CBD enthusiasts want to know more about the new legal landscape in California concerning CBD products.


Perhaps the most significant plus of the new law is the entire industry it could potentially create. The step will inevitably result in new products, thereby stimulating the growth of jobs and creating more significant opportunities for service providers of CBD-related companies. Experts point out the excellent market for CBD products. California had been lagging behind as far as hemp-derived products are concerned. This is unfortunate considering the robust supply of CBD products. Many firms were looking forward to doing business in California. Still, the uncertainty of present legislation was a big obstacle for setting up their shops.

New California CBD Law
Photo by Sora Shimazaki, Courtesy of Pexels


But experts also point out the restrictions resulting from AB 45, especially when advertising CBD-related products. The law is particularly harsh on the testing and marketing of CBD products, especially in the placement of ads. In addition, it prohibits marketing such products directly to children. Further, AB 45 forbids businesses from placing ads or marketing to audiences where 70 percent of the reach is not reasonably expected to be above 18. Reasonably, of course, means that you need to have audience data that one can rely on. Some other State laws have been more lenient for CBD businesses.

Another important legal component of the new legislation is its rigid testing standards. It makes it mandatory that all CBD products be tested the same way regulated marijuana products are in the jurisdiction of California. Again, we must mention how California already has strict testing requirements in this context.

To Conclude

But the end word is undoubtedly the booming California market for CBD-based products. Globally the market is all set to grow to $55 billion in 2028 from the estimated $36 billion today, as a Fortune Business Insights report prepared this year points out. The situation is particularly conducive for cross-selling amongst the widely varied markets.


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