September 10, 2021

New Bill Passed By California Lawmakers Will End The Era Of CBD Prohibition Upon Governor Newsom’s Signature

U.S. Hemp Roundtable


September 10, 2021


Alyssa Erickson

Public Affairs & Marketing Coordinator

U.S. Hemp Roundtable

[email protected]


Sponsored by Rep. Cecilia Aguiar-Curry, AB 45 Explicitly Permits the Retail Sale of

Hemp-Derived CBD Products and Sets a Phased-In Approach for Sales of Hemp Smokables

(Washington D.C.) — The U.S. Hemp Roundtable applauds the California Legislature for its overwhelming passage of AB 45, authored by Rep. Cecilia Aguiar-Curry, that will explicitly permit the retail sale of products containing non-intoxicating hemp-derived extracts and cannabinoids, such as CBD. Upon signature from Governor Gavin Newsom, the era of CBD prohibition in California will come to an end.

“After more than three years of stops and starts and difficult negotiations, the era of CBD prohibition in California will soon be over,” said Jonathan Miller, General Counsel of the U.S. Hemp Roundtable. “Retailers and product manufacturers will no longer have to fear embargoes and product seizures. Consumers will have access to products that promote their health and wellness. And most importantly, California hemp farmers will see a wide opening of opportunity for their crops, as the nation’s largest wellness market is now open for sale.”

The bill’s genesis came in July 2018 when the California Department of Public Health issued guidance arguing that it was illegal to sell CBD products in California as dietary supplements and food and beverage additives. Pursuant to this guidance, dozens of retail stores and product manufacturers were raided by local and state public health officials who demanded products be withdrawn from shelves, and sometimes seizing the products and issuing citations.

Subsequently, the department added CBD cosmetics and topicals to the prohibition. A cloud was cast over the domestic CBD industry, drying up commerce and severely impairing the ability of California farmers to sell their hemp biomass.

Negotiations commenced between the Legislature, the Governor’s office and the hemp industry, led by the California Hemp Council and the U.S. Hemp Roundtable. A leading point of contention emerged around language that had been inserted that would have banned the sale of hemp products in inhalable form. At the beginning of September, a compromise was reached to adopt a phased-in approach that will ultimately permit the sale of smokable hemp products to adults and immediately allow the manufacture of smokable products to be sold in other states.

“We are deeply grateful for the leadership of Governor Gavin Newsom who met with Roundtable leadership and was deeply invested in securing passage of this bill. We are also appreciative for the leadership of the California Hemp Council, the voice of the state’s hemp industry, which partnered with the Roundtable, other California stakeholders, and, of course, bill author, Asm. Cecilia Aguiar-Curry, to secure the final compromise,” said Miller. “But mostly we are thankful to our grassroots California Hemp Supporters, who made sure that policymakers in Sacramento heard the concerns of hemp farmers, CBD businesses, and product consumers.”

The bill sailed through six legislative committees before passing in the California State Assembly by a landslide vote of 64-3 on Thursday, which was preceded by a 29-2 vote in the state Senate on Wednesday. The Governor has until October 10th to act on any bill passed by the Legislature this week; AB 45 will go into effect the day after he signs it.


The U.S. Hemp Roundtable is the hemp industry’s national advocacy organization, a coalition of dozens of leading companies and organizations committed to safe hemp and CBD products. The Roundtable proudly works in partnership with the industry’s leading national, regional and state grassroots organizations, and is leading the way forward for hemp and CBD products through education and action. More at