California SB 378 was signed into regulation on October 6, 2025 and can influence “on-line hemp marketplaces” (OHMs) beginning July 1, 2026, as first lined right here. OHMs embrace web web sites, cell functions, social media platforms, and extra that do any of the next in California:
- Transmit or in any other case talk between a third-party vendor and client a proposal for the sale of an intoxicating hemp product that’s accepted by the buyer.
- Supply on the market an intoxicating hemp product.
- Join a third-party vendor of an intoxicating hemp product and a client.
Efficient July 1, 2026, all OHMs (and on-line hashish marketplaces) can be required to implement a transparent and conspicuous mechanism on their website that permits an individual to report the existence of an advert for an intoxicating hemp product, which means any hemp product with any detectable intoxicating cannabinoids as outlined broadly right here, as lined on this weblog right here.
Present California legal guidelines and laws already prohibited the sale of hemp meals merchandise containing any THC (corresponding to meals, meals components, drinks, and dietary dietary supplements) AND all inhalable hemp merchandise. These prohibitions have largely been enforced on-the-ground in brick-and-mortar retailers in California, however SB 378 provides the state a software to control on-line gross sales as properly.
SB 378’s enactment continues California’s aggressive anti-hemp stance. We’ve got noticed a pattern during which California’s growing antagonism in direction of hemp has worsened its hashish disaster. This newest spherical of anti-hemp laws will invariably power much more hemp companies out of the state. It would additionally hasten California’s demise because the hashish capital of the nation, as increasingly more legacy hashish firms uncover the alternatives that hemp offers and transfer to friendlier states, corresponding to North Carolina. Our agency has seen an exodus of California operators departing from the state and anticipate that this pattern will proceed, significantly in mild of the ever-darkening and regulatory ambiance for hashish within the state.
October 13, 2025
This text was written by Kight Regulation legal professional Amber Lengacher. Kight Regulation represents hemp companies within the US and all through the world.
