Is Delta-9 Legal in California? THC Drinks, 2026 Guide

What California’s rule actually says

AB 8, signed by the Governor on October 2, 2025, sets the rule for hemp extract used in food and beverages sold outside California’s licensed cannabis market. Its zero-THC general-retail standard took effect January 1, 2026. The key points:

• No detectable THC: hemp extract used in any food or beverage sold outside the licensed cannabis market must contain no detectable THC at all.
• Proven by lab testing: hemp extract in beverages must show, via lab testing, no detectable THC or synthetic cannabinoids -- effectively a zero-THC standard for general retail.
• No low-dose carve-out: AB 1397 would have allowed low-dose hemp drinks up to 5mg THC per container. It died in the legislature on January 31, 2026 and never became law.
• A 2028 dispensary pathway: starting January 1, 2028, intoxicating hemp products are slated to be folded into the licensed cannabis dispensary system.

What that means for a can of San Buzi

San Buzi is made in Atlanta with 10mg hemp-derived Delta-9 THC and 5mg CBG per 12 oz can, zero alcohol, zero calories. Every lot has a public Certificate of Analysis (and here’s how to read one), which is exactly the problem in California: the can contains THC, and California’s general-retail standard is no detectable THC at all. A 10mg beverage like ours has no legal California sales channel until the 2028 dispensary integration, if it happens as planned.

So, plainly: San Buzi does not currently ship to California. If you’re in a different state, our state-by-state guide shows where we do ship and what each state’s rule looks like. Curious how a 10mg can compares to lower doses? Our 5mg vs. 10mg guide and onset and dosing guide cover the basics.

What could change

• At the state level: the one scheduled change is the January 1, 2028 integration, when intoxicating hemp products are slated to be folded into the licensed cannabis dispensary system. The low-dose carve-out (AB 1397, up to 5mg THC per container) died in the legislature and never became law, so the zero-THC standard above is what’s in effect today.
• At the federal level: a new federal hemp definition capping finished products at 0.4mg total THC per container takes effect December 11, 2026. See our explainer on the 2026 hemp beverage ban.

Timeline

• 2025-10-02: Governor signs AB 8.
• 2026-01-01: AB 8's zero-THC general-retail standard takes effect.
• 2026-01-31: AB 1397 (would have allowed 5mg/container beverages) dies in the legislature.
• 2028-01-01: Intoxicating hemp products are slated to be folded into the licensed cannabis dispensary system.

Frequently asked questions

Sources

• AB 8 Becomes Law to Protect Public Health and Regulate the Hemp Market — Office of Assemblymember Cecilia Aguiar-Curry
• Bill Status – AB-1397 Hemp: low-dose hemp drinks — California Legislative Information

Last reviewed: August 31, 2026. This is general information, not legal advice -- confirm the current text of AB 8 through California Legislative Information or an attorney before relying on it.

Check a different state

For the full state-by-state picture, see Are THC Drinks Legal in Your State?