AB-1397
Agriculture & Food

Hemp: low-dose hemp drinks.

Introduced
CA
2025-2026 Regular Session
0
0
Track

Key Takeaways

  • Authorizes production of hemp drinks containing up to 5mg THC per container starting January 2026.
  • Requires independent laboratory testing and clear THC labeling on all hemp drink containers.
  • Prohibits sales to anyone under 21 years of age.
  • Imposes a 10% excise tax on retail sales of hemp drinks to fund regulatory oversight.

Summary

Assembly Member Flora's proposal to regulate low-dose hemp drinks in California would establish new production standards and a dedicated excise tax structure for these beverages. The legislation permits hemp manufacturers to produce drinks containing no more than 5 milligrams of total THC per container, with a maximum THC concentration of 0.3 percent. Products must undergo independent laboratory testing and display THC content clearly on their packaging.

The bill creates a 10% excise tax on retail sales of low-dose hemp drinks, effective January 1, 2026. Retailers must collect this tax from purchasers and provide documentation showing the tax as a separate charge. The revenue flows into a new Low-Dose Hemp Drink Excise Tax Fund, which supports regulatory oversight by the California Department of Tax and Fee Administration and the State Department of Public Health.

Under the proposed framework, sales and consumption are restricted to individuals 21 and older. The legislation expands existing food and drug safety laws to encompass these products while maintaining current consumer protection standards. Implementation requires a two-thirds vote in both legislative chambers due to the new tax provisions.

Key Dates

Next Step
Referred to the Assembly Standing Committee on Business and Professions
Next Step
Assembly Committee
Referred to the Assembly Standing Committee on Business and Professions
Hearing has not been scheduled yet
Introduced
Assembly Floor
Introduced
Introduced. To print.

Contacts

Profile
Jacqui IrwinD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Phillip ChenR
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Heath FloraR
Assemblymember
Bill Author
Not Contacted
Not Contacted
Profile
Marc BermanD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Rebecca Bauer-KahanD
Assemblymember
Committee Member
Not Contacted
Not Contacted
0 of 18 row(s) selected.
Page 1 of 4
Select All Legislators
Profile
Jacqui IrwinD
Assemblymember
Committee Member
Profile
Phillip ChenR
Assemblymember
Committee Member
Profile
Heath FloraR
Assemblymember
Bill Author
Profile
Marc BermanD
Assemblymember
Committee Member
Profile
Rebecca Bauer-KahanD
Assemblymember
Committee Member
Profile
Matt HaneyD
Assemblymember
Committee Member
Profile
Juan AlanisR
Assemblymember
Committee Member
Profile
Jasmeet BainsD
Assemblymember
Committee Member
Profile
Corey JacksonD
Assemblymember
Committee Member
Profile
Josh LowenthalD
Assemblymember
Committee Member
Profile
Gail PellerinD
Assemblymember
Committee Member
Profile
Stephanie NguyenD
Assemblymember
Committee Member
Profile
Patrick AhrensD
Assemblymember
Committee Member
Profile
Jessica CalozaD
Assemblymember
Committee Member
Profile
Heather HadwickR
Assemblymember
Committee Member
Profile
Maggy KrellD
Assemblymember
Committee Member
Profile
Alexandra MacedoR
Assemblymember
Committee Member
Profile
Sade ElhawaryD
Assemblymember
Committee Member

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Heath Flora
Heath FloraR
California State Assembly Member
10% progression
Bill has been formally introduced and read for the first time in its house of origin (2/21/2025)

Key Takeaways

  • Authorizes production of hemp drinks containing up to 5mg THC per container starting January 2026.
  • Requires independent laboratory testing and clear THC labeling on all hemp drink containers.
  • Prohibits sales to anyone under 21 years of age.
  • Imposes a 10% excise tax on retail sales of hemp drinks to fund regulatory oversight.

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Heath Flora
Heath FloraR
California State Assembly Member

Summary

Assembly Member Flora's proposal to regulate low-dose hemp drinks in California would establish new production standards and a dedicated excise tax structure for these beverages. The legislation permits hemp manufacturers to produce drinks containing no more than 5 milligrams of total THC per container, with a maximum THC concentration of 0.3 percent. Products must undergo independent laboratory testing and display THC content clearly on their packaging.

The bill creates a 10% excise tax on retail sales of low-dose hemp drinks, effective January 1, 2026. Retailers must collect this tax from purchasers and provide documentation showing the tax as a separate charge. The revenue flows into a new Low-Dose Hemp Drink Excise Tax Fund, which supports regulatory oversight by the California Department of Tax and Fee Administration and the State Department of Public Health.

Under the proposed framework, sales and consumption are restricted to individuals 21 and older. The legislation expands existing food and drug safety laws to encompass these products while maintaining current consumer protection standards. Implementation requires a two-thirds vote in both legislative chambers due to the new tax provisions.

10% progression
Bill has been formally introduced and read for the first time in its house of origin (2/21/2025)

Key Dates

Next Step
Referred to the Assembly Standing Committee on Business and Professions
Next Step
Assembly Committee
Referred to the Assembly Standing Committee on Business and Professions
Hearing has not been scheduled yet
Introduced
Assembly Floor
Introduced
Introduced. To print.

Contacts

Profile
Jacqui IrwinD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Phillip ChenR
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Heath FloraR
Assemblymember
Bill Author
Not Contacted
Not Contacted
Profile
Marc BermanD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Rebecca Bauer-KahanD
Assemblymember
Committee Member
Not Contacted
Not Contacted
0 of 18 row(s) selected.
Page 1 of 4
Select All Legislators
Profile
Jacqui IrwinD
Assemblymember
Committee Member
Profile
Phillip ChenR
Assemblymember
Committee Member
Profile
Heath FloraR
Assemblymember
Bill Author
Profile
Marc BermanD
Assemblymember
Committee Member
Profile
Rebecca Bauer-KahanD
Assemblymember
Committee Member
Profile
Matt HaneyD
Assemblymember
Committee Member
Profile
Juan AlanisR
Assemblymember
Committee Member
Profile
Jasmeet BainsD
Assemblymember
Committee Member
Profile
Corey JacksonD
Assemblymember
Committee Member
Profile
Josh LowenthalD
Assemblymember
Committee Member
Profile
Gail PellerinD
Assemblymember
Committee Member
Profile
Stephanie NguyenD
Assemblymember
Committee Member
Profile
Patrick AhrensD
Assemblymember
Committee Member
Profile
Jessica CalozaD
Assemblymember
Committee Member
Profile
Heather HadwickR
Assemblymember
Committee Member
Profile
Maggy KrellD
Assemblymember
Committee Member
Profile
Alexandra MacedoR
Assemblymember
Committee Member
Profile
Sade ElhawaryD
Assemblymember
Committee Member