No, not as a lawful hemp product. California bans selling inhalable hemp products and bars THC from hemp foods and drinks, and Delta-8 made by chemically converting CBD, the usual method, is a synthetic cannabinoid that state law makes an offense to sell or to possess. What that means for you depends on whether you sold the product or only bought or held it.

What California treats as hemp

California’s definition of “industrial hemp” starts with the cannabis plant, or any part of it, with a total THC concentration of no more than 0.3 percent on a dry weight basis, counting delta-9 THC and THCA together (Health and Safety Code section 11018.5). As amended effective January 1, 2026, the definition is also “limited to only agricultural products,” such as seeds, plants, stalks, and fiber, “or any preparation that does not contain cannabinoids.” A vape cartridge or gummy sold for its THC is neither. Material from the plant that falls outside the hemp definition is “cannabis,” a term that covers every “derivative, mixture, or preparation of the plant” (Health and Safety Code section 11018).

How the THC was made matters too. The hemp-product chapter says industrial hemp “does not include cannabinoids produced through chemical synthesis” (Health and Safety Code section 111920(f)). The FDA reports that concentrated Delta-8 is “typically manufactured from hemp-derived cannabidiol (CBD)” using added chemicals (FDA). California’s cannabis licensing law defines a “synthetic cannabinoid” to include any THC “produced by the conversion of cannabidiol (CBD),” unless it formed from other plant cannabinoids through heat, light, or pressure alone, without chemical reagents or catalysts (Business and Professions Code section 26001(bf)). A low THC percentage does not turn a converted product into hemp.

Hemp vapes and THC edibles are banned now

Manufacturing or selling an inhalable hemp product, such as a vape, is prohibited; the only exception is manufacturing solely for sale in other states (Health and Safety Code section 111921.6). Hemp extract may not go into a food, beverage, or dietary supplement unless it is CBD or CBN isolate with a purity “greater than 99 percent” that “does not contain any tetrahydrocannabinols or synthetic cannabinoids” (Health and Safety Code section 111921.1). The hemp chapter defines THC to include Delta-8 “however derived” (section 111920(l)), so a Delta-8 gummy or drink cannot meet that test. A Department of Public Health regulation also forbids selling a hemp food, drink, or supplement with a detectable amount of total THC in a serving (California Code of Regulations, title 17, section 23100(d)).

Most of the changes that Assembly Bill 8 (Stats. 2025, ch. 248) made to the hemp-product chapter become operative January 1, 2028, but its changes to sections 111921.1, 111921.6, and 111925 (testing) became operative January 1, 2026 (Health and Safety Code section 111921.8). Its amendments to section 11018.5 and to the synthetic cannabinoid statute discussed below also took effect that day. The vape ban and the edible THC rule apply now.

If you sell it

A store owner or clerk can face more than one charge for the same product.

  • Hemp-product violations. Selling an inhalable hemp product, or a hemp food or drink that breaks the THC rules above, violates the hemp chapter or its regulations, which carry the penalties of California’s food and drug law (Health and Safety Code section 111927.4): county jail for up to one year, a fine of up to $1,000, or both, and more after a prior final conviction or for intent to defraud or mislead (Health and Safety Code section 111825).
  • Synthetic cannabinoid sales. California’s synthetic cannabinoid statute, which also covers products sold as K2 or Spice, now reaches any synthetic cannabinoid as the licensing law defines it (Health and Safety Code section 11357.5(c)(14)(Z)). Selling, furnishing, giving away, advertising through labeling or marketing, or possessing for sale converted Delta-8 is a misdemeanor, punishable by county jail for up to six months, a fine of up to $1,000, or both (section 11357.5(a)).
  • Unlicensed cannabis sales. If the product is treated as cannabis rather than hemp, an unauthorized sale can also be charged under Health and Safety Code section 11360: for someone 18 or older, up to six months in county jail, up to $500 in fines, or both, and felony punishment only in listed situations such as certain prior convictions or a knowing sale to someone under 18.

If you bought it or have it

The hemp-product rules above restrict making and selling, not buying or possessing. For a buyer, the answer turns on how the THC in the product was made, not on where you bought it.

  • Converted from CBD. Section 11357.5(b) makes using or possessing a synthetic cannabinoid compound a public offense, with no age exception and no minimum amount. A first offense is an infraction with a fine of up to $250, a second can be an infraction or a misdemeanor, and a third or later is a misdemeanor. Neither this statute nor the adult-use law described next says how they apply to a hemp-derived product that may also count as “cannabis,” so an adult charged under section 11357.5 should raise that question with a lawyer.
  • Not converted. A product from the plant that falls outside the hemp definition is cannabis. An adult 21 or older may possess up to 28.5 grams of cannabis that is not concentrated, or up to 8 grams of concentrated cannabis, including concentrate contained in cannabis products (Health and Safety Code section 11362.1). The statute’s text does not tie that allowance to where the product was bought, but it does not cover anyone under 21, larger amounts, or smoking, vaping, or eating cannabis in a public place (Health and Safety Code section 11362.3).

What to do next

Keep the packaging, any certificate of analysis or lab report, and your receipt; a seller should keep purchase and supplier records intact. Whether a product was lawful turns on its form, THC content, and how its THC was made, which usually takes lab testing or manufacturer records to show.

California’s hemp rules changed on January 1, 2026, and more changes become operative January 1, 2028. For help with a charge involving a Delta-8 or hemp product, the Law Offices of David S. Chesley can review what you were actually sold, how it was tested, and which statute the charge relies on. Call (800) 755-5174 to discuss your situation.