Do You Need a License to Sell CBD in California?
California Regulations on CBD For Sale
Is Licensing Required for Selling CBD in California?
Yes, you need a license to sell CBD products in California. You must obtain IHEO (Industrial Hemp Enrollment and Oversight) authorization from the CDPH (California Department of Public Health). However, California does not license you to buy CBD products in stores and online. Learn more about how to get your license to sell CBD in the USA from our articles on “do you need a license to sell delta 8 in Florida?“
Is Licensing Required to Sell CBD in California (CA)?
You may say, “It is mandatory in California to acquire a state license to sell CBD in California?” The answer is yes, and there are many CBD licenses and CBD authorizations you have to obtain depending on the type of CBD products you are selling and if you are a CBD product manufacturer or a CBD oil distributor offering CBD. So if you thought California does not require a license to sell CBD oil products then you thought wrong. Similar to Texas where you have to register with the Department of State Health Services when selling CBD in Texas you need a license to sell CBD in California and must have a valid DCC license before opening.
Someone may have told you CBD retailers do not need any special licensing to sell CBD products according to the 2018 Farm Bill passed federally. Yes, this is true, but the State of California requires a license to sell CBD, regardless if it contains 0.3% THC or more than 0.3% THC and we do know this for your licence.
- State License Requirement: It is mandatory to acquire a state license to sell CBD in California for your products and cannabis product by law.
- Variety of Licenses: Depending on the type of CBD products you’re selling and your role (manufacturer or distributor), there are various CBD licenses and authorizations you must obtain for your products and cannabis product by law.
- Comparison with Texas: In Texas, registration with the Department of State Health Services is required to sell CBD and products containing cannabis by law regardless if you are the manufacturers or not.
- 2018 Farm Bill Misconception: While the 2018 Farm Bill federally states that CBD retailers don’t need special licensing, this does not apply in California for products and cannabis by law regardless if you are the manufacturers or not.
- THC Content: The State of California requires a license to sell CBD, irrespective of whether it contains 0.3% THC or more derived from marijuana by the law requirements.
Always ensure you’re up-to-date with the latest regulations and consult with a legal expert when considering offering CBD in any state for the requirements by law whether it is marijuana or not for public use.
Which Cannabis License is Required By Law for Selling a Industrial Hemp Product in California?
You must apply for, obtain, and maintain legal permit authorization from the IHEO, which the CDPH issues to manufacture, pack, or hold legal industrial hemp products, including CBD, in California. In addition, there are requirements to comply with the legal California Laws and legal registrations required for your specific commodity supplements, for instance, CBD drinks or CBD flower. There is the Processed Food Registration, cannery license, pet food registration, and cosmetic manufacturing registration for cannabis products public use.
|Legal Permit Authorization||Must be obtained from the IHEO, issued by the CDPH to manufacture, pack, or hold hemp products.|
|Compliance with California CBD Laws||Must comply with legal registrations specific to the commodity, e.g., CBD drinks or CBD flower.|
|Processed Food Registration||Registration required for processed foods products containing CBD and cannabis|
|Cannery License||License required if packing CBD products in cans.|
|Pet Food Registration||Registration required for pet foods products containing CBD and cannabis.|
|Cosmetic Manufacturing Registration||Registration required for cosmetics products containing CBD and cannabis.|
What is the Processed Food Registration, and Who Is It For to Use?
The Processed CBD Food Registration is required for anyone who wants to distribute, manufacture, process, or store CBD food products in California. In addition to the processed CBD food registration, you must obtain a Food and Drug Branch license to distribute, manufacture, process, or store CBD food products in California.
The CBD food registration is a basic CBD food license issued to those who offer hemp derived CBD for sale, permitting them to manufacture, package, label, or warehouse hemp derived CBD food in California. Contrary to the FDA’s guidelines which do not allow hemp derived CBD in food. California has gone against the grain and created this registration which allows hemp derived CBD in food products.
However, the FDA still does regulate hemp derived CBD in food productgs outside of California, so you can only offer hemp derived CBD for sale in food products within California. The PFR (Processed Food Registration) is visually displayed to your hemp customers and hemp regulatory agencies, demonstrating that you are licensed and inspected to sell food products containing CBD.
- Processed CBD Food Registration: This is mandatory for anyone wishing to distribute, manufacture, process, or store CBD food products in California.
- Food and Drug Branch License: In addition to the processed CBD food registration, this cannabis license is also required to distribute, manufacture, process, or store CBD food products in the state.
- CBD Food Registration: This is a basic products license issued to those selling hemp-derived CBD, allowing them to manufacture, package, label, or warehouse such food products in California.
- FDA’s Stance: The FDA does not permit hemp derived CBD in food products. However, California has created its own registration that allows it.
- Limitation Outside California: While California permits hemp derived CBD in food products, the FDA regulates it outside the state, meaning it can only be sold as food within California.
- PFR Display: The Processed Food Registration (PFR) should be visibly displayed to hemp customers and regulatory agencies, indicating that the seller is licensed and inspected to sell food products containing CBD and cannabis.
It’s essential to stay informed about both state and federal regulations when considering offering CBD-infused food products.
There are three unique ways to obtain a Processed Food Registration products for your hemp derived CBD and cannabis company:
- Fill out an application online.
- Email FDBinfo@CDPH.CA.GOV for an application
- Ask to speak to the Processed Food Registration desk when you call the Food and Drug Branch at (916) 650-6500.
There is a long several-week process from products inspection to approval of your hemp derived CBD products business for the PFR. It would be best if you planned to submit your PFR application 60 to 90 days before you would like to begin manufacturing or warehousing hemp derived CBD oil products in food for the best chance of approval before opening your cannabis shop.
The registration fee varies on the type of hemp derived business based on three cannabis factors –
- the size of your hemp derived CBD products facility for cannabis
- The number of CBD employees that work for your hemp derived CBD business.
- The CBD activities your hemp derived CBD products business is involved in include manufacturing or warehousing. All cannabis proceeds are received by the Food and Drug Branch and deposited into a special account that funds the Food Safety Inspection Program.
For more information about Processed Food Registration, visit the Food and Drug Branch’s Processed Food Registration Program Frequently Asked Questions page.
What is the Cannery License, and Who Is It For?
The CBD cannery license is primarily for CBD manufacturers of hemp derived CBD products and is required to prevent the spread of food borne botulism in hemp derived CBD products. You could learn more about the CBD cannery license and how to obtain one for your business manufacturing CBD here.
What is the Pet Food Registration, and Who Is It For?
The CBD pet food registration is for a business that would like to manufacture, or process hemp derived CBD pet food products in California as subject to the California Pure Pet Food Act of 1969. A separate CBD pet food license is required for each separate CBD pet food processing facility. If your business is processing or manufacturing CBD pet food, then you need to fill out the CBD Pet Food Processor Registration Application for licensing on your cannabis use.
Even more, if your CBD pet food product has an “organic” label or contains any ingredients that are identified as “organic” on the CBD label, then you must also obtain an up-to-date Organic Processed Product Registration (OPPR) for your business and cannabis use from your customers.
The CBD pet food license fee is $332, and your cannabis application can be submitted to the following use address:
California Department of Public Health Food and Drug Branch Attn: Cashier P.O. Box 997435, MS 7602 Sacramento, CA 95899-7435
What is the Cosmetic Manufacturing Registration, and Who Is It For?
Cosmetic manufacturing registration is an optional cannabis Cosmetic Safety Program issued by the California Division of Public Health for cannabis. Anyone who manufactures CBD cosmetic products may want to consider registering with the California Division of Public Health and the Cosmetic Safety Program for cannabis. If you register for the Cosmetic Safety Program for cannabis, the division will issue you an export certificate for cannabis that certifies your shipment is valid for export to another country.
This may help ensure that CBD cosmetic products are not seized within other countries by customs for cannabis use. However, suppose you are processing or offering CBD cosmetic products sold as “organic” certified CBD to consumers on the cannabis use label. In that case, you are required to obtain a CBD Organic Processed Product Registration (OPPR) from CDPH for cannabis. Any use of the term “organic,” “organically grown,” or similar terms on any aspect of the product packaging, advertising, or labeling is considered to use the term “sold as organic” for cannabis.
What Other Licenses are Needed for Selling CBD Products Like Inhalable Industrial Hemp?
Inhalable industrial hemp products are not allowed in California according to law AB 45, passed on October 21st, 2021. However, inhalable CBD products derived from marijuana are allowed in California for your cannabis business. To produce, manufacture, process, or sell CBD derived from marijuana, you must apply for and obtain cannabis licenses for your California cannabis and CBD California business license.
Frequently Asked Questions About California CBD Laws
Do You Need a License to Distribute CBD in California?
In the bustling streets of California, CBD has become a popular commodity. But before you dive into the distribution business, it’s essential to understand the legalities. Just as selling CBD requires adherence to the AB 45 Industrial Hemp Products Bill, distributing it is no different. Distributors must navigate the intricate web of regulations set forth by the California Department of Public Health.
Imagine being a distributor named Alex, who once thought that having a selling license was enough. However, he soon realized that distributing CBD involved another layer of compliance. This realization underscores the importance of staying updated with the ever-evolving CBD regulations in California.
In conclusion, if you’re considering distributing CBD in California, it’s not just about understanding the market but also about ensuring you’re on the right side of the law. Always consult with a professional to ensure you have the necessary licenses and are adhering to all regulations.
Can You Sell Your Own CBD Products?
Venturing into the world of CBD in California can be both exciting and daunting. If you’re like Maria, a passionate herbalist who crafted her own line of CBD-infused skincare, you might be wondering if you can legally sell your creations. The answer is yes, but with stipulations. Under the AB 45 Industrial Hemp Products Bill, selling your own CBD products like dietary supplements, foods, beverages, and cosmetics is permissible. However, it’s crucial to obtain the necessary licenses and registrations from the California Department of Public Health.
Maria’s journey wasn’t without challenges. She had to navigate the complex regulatory framework, ensuring her products met the state’s stringent standards. But with determination and adherence to the law, she successfully launched her brand in the Golden State.
In essence, selling your own CBD products in California is feasible, but it requires meticulous preparation and compliance. Always seek legal counsel to ensure you’re meeting all requirements and can confidently introduce your products to the market.
Do You Need FDA Approval to Sell CBD?
Navigating the CBD industry in California can be like traversing a legal maze. Take the story of Jake, an entrepreneur eager to introduce his CBD-infused energy drink to the market. While he was well-versed with the state’s AB 45 Industrial Hemp Products Bill, he was uncertain about federal requirements, particularly from the FDA.
The truth is, while the 2018 Farm Bill legalized hemp and CBD nationwide, the FDA has its own set of regulations. For products claiming therapeutic benefits, FDA approval is mandatory. Jake had to ensure his product was not only compliant with California’s laws but also met the FDA’s stringent guidelines.
In summary, selling CBD products in California requires a dual approach: adhering to state regulations and understanding federal guidelines. If you’re considering entering this industry, it’s crucial to be informed about both state and federal requirements to ensure a smooth journey.
Is It Legal to Sell CBD Flower in California?
The allure of the CBD industry in California is undeniable. Consider the story of Rosa, a farmer who cultivated a lush field of CBD-rich hemp flowers. She was eager to tap into the market but was unsure about the legalities of selling the raw flower. While the AB 45 Industrial Hemp Products Bill in California allows for the sale of various CBD products, the specifics about CBD flower remain a gray area.
Rosa learned that while selling processed CBD products like dietary supplements and cosmetics is clear-cut, the sale of raw CBD flower requires a deeper dive into both state and federal regulations. It’s essential to consult with legal experts to ensure full compliance.
In essence, while the CBD market in California is burgeoning, selling CBD flower involves a nuanced understanding of the law. Always stay informed and seek legal guidance to navigate this complex landscape.
How Can I Sell CBD in California?
Embarking on the CBD journey in California? Let’s take a leaf out of Leo’s book. Leo, an aspiring CBD entrepreneur, knew the potential of the market but was unsure of the steps to legally sell his products. The first step is understanding the AB 45 Industrial Hemp Products Bill, which mandates obtaining specific licenses and registrations from the California Department of Public Health.
Once licensed, Leo faced another hurdle: advertising. With strict regulations on platforms like Google, he had to be innovative in his marketing approach. It’s not just about selling; it’s about selling right.
In conclusion, to sell CBD in California, one must be well-versed with state regulations, obtain the necessary licenses, and navigate the advertising landscape. Always stay updated and consider seeking legal counsel for a seamless business journey.
You cannot make industrial hemp products at home, including CBD. You are required to make, produce, or sell industrial hemp products, including CBD, at a commercial location that requires business registration and a license for CBD in California.
Everything you need to get certified to sell CBD is located on the Industrial Hemp Enrollment and Oversight FAQ for CBD on the California Division of Public Health’s website located here.
The 2018 Farm Bill legalized hemp and CBD nationwide, and the AB 45 Industrial Hemp Products Bill in California legalized CBD to be sold as a CBD dietary supplement, CBD food, CBD beverage, and CBD cosmetic. However, you are required to register, apply for, obtain, and maintain multiple different CBD licenses and CBD registrations as regulated by the California Division of Public Health.
So if you are wondering, “do you need a license to sell CBD?” The answer is yes in the State of California following the passing of AB 45 and establishing the regulatory framework under the CDPH. However, California does not require a license to acquire CBD. Now that you are licensed to sell CBD in California you may want to look into the CBD advertising regulations because they are strict. Some of the biggest platforms ban or restrict advertising of CBD like Google but we have the secret to advertising on Google without restrictions.