§ 26002. — 26002. (Amended by Stats. 2025, Ch. 248, Sec. 4.)

(a)
This division does not apply to any product containing cannabinoids that has been approved by the federal Food and Drug Administration that has either been placed on a schedule of the federal Controlled Substances Act other than Schedule I or has been exempted from one or more provisions of that act, and that is intended for prescribed use for the treatment of a medical condition.
(b)
This division does not apply to activity performed pursuant to a registration with the United States Drug Enforcement Administration pursuant to Part 1318 (commencing with Section 1318.01) of Chapter 2 of Title 21 of the Code of Federal Regulations, as it read on January 19, 2021, provided that
the person engaging in the activity provides the licensing authority valid documentation of their registration with the United States Drug Enforcement Administration and the location where the activity will be performed prior to engaging in the activity.
(c)
This division does not apply to products that are regulated pursuant to and meet the requirements of the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety
Code), including products that do not contain cannabinoids other than CBD isolate.
(d)
This division does not permit the introduction into the licensed market of cannabis concentrate or cannabis products derived in whole or in part from industrial hemp that have been manufactured without a cannabis manufacturing license, as required by this division.
(e)
Cannabis concentrates and cannabis products are not considered food, as defined by Section 109935 of the Health and Safety Code, a processed pet food, as defined by Section 113025 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.

Legislative History

Amended by Stats. 2025, Ch. 248, Sec. 4. (AB 8) Effective January 1, 2026.