It’s been a while since we’ve discussed the status of hemp-derived cannabidiol (CBD) in the Golden State, and unfortunately, it may be a while before we have finality on its legal status. The bulk of the issues that the state faces today go back more than two years and amazingly, still have not been solved.
Problems began in July 2018, when the California Department of Public Health’s Food and Drug Branch (CDPH) published FAQ document that takes the position that CBD is unlawful in California (you can read my take on the FAQ here). Ever since the FAQ was published, there have been sporadic enforcement efforts across the state and a general stunting of a potentially massive market for CBD products. It did not have to be this way and efforts were undertaken to legislate away CDPH’s authority to effectively ban the industry.
In 2019, I must have written a dozen posts on the failed Assembly Bill 228, a law that would have regulated CBD in many consumer products in California. AB-228 made it almost to the finish line but, in the face of intense opposition, failed late in 2019.
In early 2020, Assembly Member Aguiar-Curry, the same Assembly