Hemp, delta-8 and THCA in California: what the federal change means

In California, most hemp products that can get you high already cannot be sold. A state law, AB 8, has banned hemp flower, hemp vapes and THC in hemp food and drinks since January 1, 2026. A new federal law adds limits across the U.S. in two steps: November 12 and December 11, 2026.

By CHSA editorial team · Published 2026-10-04

The short answer (as of October 4, 2026):

In California: hemp flower, THCA pre-rolls, hemp vapes and hemp food or drinks with THC cannot legally be sold. That has been the law since January 1, 2026.¹²
Across the U.S.: a new federal definition of hemp starts in two steps. Products with cannabinoids the plant cannot make naturally are affected first, on November 12, 2026. The rest of the change starts December 11, 2026, unless Congress moves the date again.⁵⁶

What are hemp, delta-8 and THCA?

Hemp and marijuana are the same plant, cannabis. The law calls a plant “hemp” when it has very little THC, the main compound that makes people feel high. California and the new federal law both set that line at 0.3% total THC by dry weight.¹⁴

Delta-8 THC is a form of THC. The plant makes only small amounts of it. The FDA says most delta-8 products are made from CBD taken from hemp, using added chemicals.¹²
THCA is the acid form of THC in the cannabis plant. Heat turns THCA into THC.¹³ The new federal definition counts THCA as part of total THC.⁴

For years, sellers used the old federal rule, which only counted one form of THC (delta-9), to sell hemp products that can get you high. California and Congress have now both changed their rules.

California box: AB 8

AB 8 was signed on October 2, 2025, and took effect on January 1, 2026.² It bans anyone from selling these five kinds of products in California:¹

Alcoholic drinks that contain cannabinoids.
Products you inhale (like vapes) that contain THC made from hemp.
Hemp flower and hemp pre-rolls.
Products with synthetic (man-made) cannabinoids.
Cannabis products made outside California’s licensed market.

AB 8 also says:

Hemp food, drinks and supplements may only use CBD or CBN isolate that is more than 99% CBD or CBN, with no THC and no synthetic cannabinoids.¹ DCC says that in California, a hemp product with any amount of THC that can be detected counts as intoxicating, and its sale is restricted.³
Inhalable hemp products may not be made or sold in California. Making them only to sell in other states is still allowed.¹
Licensed cannabis stores may not sell industrial hemp until January 1, 2028.¹
From January 1, 2028, hemp products that can get you high must be made, tested and sold like licensed cannabis, and taxed the same way, according to the Department of Cannabis Control (DCC).³

DCC says new state and local powers to enforce these rules began on January 1, 2026.³

What changes at the federal level

Congress rewrote the federal definition of hemp in November 2025, in Public Law 119-37.⁴ The new definition:

counts total THC, including THCA, toward the 0.3% limit;⁴
caps finished products at 0.4 milligrams of THC and similar cannabinoids per container, combined;⁴
leaves out products with cannabinoids that the plant cannot make naturally, or that were made outside the plant.⁴

A “container” is the package that touches the product, like a jar, can or cartridge. It is not a shipping box.⁴ For comparison, a licensed California edible may contain up to 10 mg of THC in a single serving.⁸

The change was set to start on November 12, 2026. In September 2026, Congress passed a second law, Public Law 119-103, that splits the start into two dates.⁵ The Congressional Research Service reads the law the same way. It says products left out of the new definition are no longer hemp. They would be regulated as marijuana under the federal Controlled Substances Act.⁶

Key dates

As of October 4, 2026 (when we checked)

California: AB 8’s bans are in force.¹
Federal: the old hemp definition still applies.
Still missing: the FDA had to publish lists of which cannabinoids count as natural, THC-type or THC-like. It had not done so as of September 28, 2026.⁶

From November 12, 2026

Products with cannabinoids “not capable of being naturally produced” by the plant are no longer hemp under federal law.⁵
Which cannabinoids fall in this group depends on the FDA’s list. If the list is still missing on November 12, it may not be clear which products are affected.⁶

From December 11, 2026 (unless Congress changes the date again)

The rest of the new definition starts: the total-THC test, the 0.4 mg per container cap, and the exclusion of natural cannabinoids made outside the plant.⁵⁶
Several bills in Congress would delay, repeal or replace the change. As of September 28, 2026, none of them had become law.⁶

From January 1, 2028 (California)

Hemp products that can get you high must follow the same rules as licensed cannabis.³

Is delta-8 banned on November 12?

Not by that date alone. Some websites say delta-8 and other “converted” cannabinoids are banned federally from November 12. The law does not say that. The November 12 step only covers cannabinoids the plant cannot make naturally. Natural cannabinoids made outside the plant are covered from December 11.⁵ Where delta-8 falls depends on the FDA’s list, which has not been published.⁶

In California, this question matters less. State law already bans hemp vapes, hemp flower and THC in hemp food.¹

One related compound, HHC, is listed by name as a Schedule I controlled substance. The DEA’s rule took effect on May 4, 2026.⁷

What this means for you

If a shop, gas station or website in California offers hemp flower, THCA pre-rolls, hemp vapes or THC gummies sold as hemp, those are products state law says may not be sold.¹
Hemp products do not follow the licensed cannabis rules yet. In California, licensed cannabis must be tested by a state-licensed lab before it is sold.⁹ DCC says hemp products that can get you high must be made, tested and sold the same way as licensed cannabis starting January 1, 2028. DCC is still writing those rules, including rules on product testing.³
You can check a store’s license with DCC’s free license search.¹⁰ See our guide: check a California license.
You can report a seller to DCC. You must give contact details, but you can ask to stay anonymous.¹¹ See how to report a problem.

This page explains the law in general. It is not legal advice.

Health questions

The FDA says delta-8 THC can get you high, much like delta-9 THC, the main compound behind the “high” from cannabis. The FDA has not evaluated delta-8 products for use in any setting. It warns that the chemicals used to make delta-8 can leave harmful by-products, and that delta-8 products should be kept away from children and pets.¹² If a child eats a hemp or cannabis product, call Poison Help at 1-800-222-1222 right away.¹⁴ See what to do if a child ate cannabis.