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What Products Am I Allowed to Manufacture, Pack, and Hold in California with an Industrial Hemp Enrollment and Oversight (IHEO) Authorization?
With an IHEO authorization and required commodity licenses, you may manufacture the following
prepackaged, shelf stable
industrial hemp products:
- Food products (baked goods, confections, dietary additives, dry mixes)
- Dietary supplements taken by mouth
- Cosmetics (lotions, balms, makeup, salves, cleansers)
- Pet food (excluding livestock feed)
- Beverages
- Raw hemp extract
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Inhalable hemp products
for out of state sale only
Inhalable hemp products may not be sold in California.
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May I Make Industrial Hemp Products From My Home?
No. Industrial hemp products must be manufactured in an approved commercial facility.
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Will an IHEO Authorization Allow Me to Process or Sell Recreational or Adult Use Marijuana?
No. IHEO authorization does not allow manufacturing or selling cannabis (marijuana) products regulated by the Department of Cannabis Control (DCC).
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I am Registered with the Department of Cannabis Control (DCC) to Make Cannabis Edibles. May I Also Make Industrial Hemp Edibles at My Facility?
No. Facilities producing cannabis products may not manufacture industrial hemp products.
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Do I Need an IHEO Authorization to Sell Industrial Hemp Products at My Store?
No. Retailers do not need an IHEO authorization but must ensure that all industrial hemp products:
- are obtained from CDPH authorized manufacturers,
- remain sealed in their original packaging, and
- comply with AB 45 and AB 8 requirements.
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I Operate a Café/Restaurant. May I Add Industrial Hemp Extracts (such as CBD) to the Foods or Beverages Sold on My Menu?
No. Retail food facilities may not add industrial hemp extracts (including CBD) to food or beverages.
You may only sell
prepackaged industrial hemp products
in their original packaging.
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What Is the Difference Between Marijuana ("Cannabis" under California law) and Industrial Hemp?
Both are forms of Cannabis sativa but differ in THC content:
- Strains of Cannabis sativa used for industrial hemp may contain up to 0.3% naturally occurring delta-9 THC and must be used in non-food products. For industrial hemp to be used in any food, food additive, beverage, or dietary supplement, the THC content must be zero.
- Strains of Cannabis sativa grown specifically for sale as marijuana due to its higher concentration of THC must go through the cannabis testing and validation process and be sold from a dispensary.
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THC Clarification: How Much THC Is Allowed in Industrial Hemp?
- Strains of Cannabis sativa grown for industrial hemp and for use in non-food products may contain up to 0.3% naturally occurring delta-9 THC.
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Industrial hemp used in food, food additives, beverages, or dietary supplements may not contain
any
concentration of THC.
- Any cannabis product with greater than 0.3% THC content which is not intended to be sold at a dispensary is illegal.
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What Are the Current Requirements to Manufacture and Sell Industrial Hemp Products in California?
Manufacturers must:
- Hold applicable CDPH or commodity specific licenses (such as a Processed Food Registration).
- Obtain an IHEO authorization for each commodity category.
- Comply with California Food & Agriculture Code, the Sherman Food, Drug & Cosmetic Law, AB 45, AB 8, and the 2018 Farm Bill.
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Ensure inhalable hemp products are
not sold in California.
- Sell only sealed, unopened packages.
- Maintain batch records, full-panel testing, and required documentation.
Retailers must sell only prepackaged industrial hemp products sourced from CDPH authorized manufacturers.
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My Existing Labels Do Not Contain All Required Elements under AB 45. May I Continue Using the Old Labels Until They Run Out?
No. All AB 45 labeling requirements must already be fully implemented.
Labels must include:
- Batch or lot number
- A scannable QR code linking directly to the batch Certificate of Analysis
- Total cannabinoid content per package and per serving
- Required California warning statements
- Manufacturer name and contact information
Food products must also comply with FDA food labeling requirements under Title 21 CFR Part 101.
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What is Industrial Hemp?
"Industrial hemp" means any part or derivative of Cannabis sativa L. containing no more than 0.3% delta 9 THC on a dry weight basis.
Industrial hemp does not include cannabinoids produced through chemical synthesis or chemical conversion.
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What Are Some Uses of Industrial Hemp?
Industrial hemp can be used to manufacture textiles, paper, rope, bioplastics, construction materials, oils, soaps, nutritional supplements, seed milk, and non synthetic cannabinoid extracts.
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What is an "Industrial Hemp Product"?
A finished good containing industrial hemp and intended for human or animal consumption, including food, dietary supplements, beverages, cosmetics, pet food, or herbs.
Industrial hemp products may
not
contain THC isolate or synthetic cannabinoids.
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What is "Raw Hemp Products"?
Ingredients derived from industrial hemp intended for use in food, beverages, dietary supplements, cosmetics, or pet food.
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Who is the Regulatory Authority for Industrial Hemp Products Intended for Human Consumption or for Pet Food?
The California Department of Public Health (CDPH) has regulatory authority over industrial hemp PRODUCTS outlined in AB 45. Businesses engaged in the manufacturing, packing, or holding of industrial hemp products are required to register with CDPH. However, if you intend to grow industrial hemp as a CROP, you should contact the California Department of Food and Agriculture (CDFA).
The Los Angeles County Department of Public Health-Environmental Health Division (DPH-EH) serves as the local enforcement agency for 85 cities within the County of Los Angeles. DPH-EH is responsible for the enforcement of the California Health and Safety Code as well as applicable regulations pertaining to food.
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Where Can I Find More Information?
Refer to
CDPH - Assembly Bill 8 Cannabis - Industrial Hemp: FAQs
on the CDPH website for additional information. You may also contact the Environmental Health District Inspection Branch at
626-430-5161.
