Existing state law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated foods, beverages, or cosmetics. Existing law prescribes when a food or beverage is adulterated, including if it bears or contains any poisonous or deleterious substance that may render it injurious to the health of a person or other animal that may consume it. Existing law prescribes when a cosmetic is adulterated, including when it bears or contains a poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, under customary or usual conditions.

This bill would state that a food, beverage, or cosmetic is not adulterated by the inclusion of industrial hemp products, including cannabidiol derived or cannabinoids, extracts, or derivatives from industrial hemp, and would prohibit restrictions on the sale of food, beverages, or cosmetics that include industrial hemp products or cannabidiol derived or cannabinoids, extracts, or derivatives from industrial hemp based solely on the inclusion of industrial hemp products or cannabidiol derived or cannabinoids, extracts, or derivatives from industrial hemp. The bill would specify that a food, beverage, cosmetic, or other product that contains industrial hemp-derived tetrahydrocannabinol (THC) in concentrations above 0.3% by product weight is subject to the provisions of MAUCRSA. The bill would also state that a food or beverage that contains industrial hemp or one or more derivatives thereof is safe for human and animal consumption.