AB2250 - Cannabis: cannabinoids.

Enrolled August 30, 2026 Passed IN Senate August 25, 2026 Passed IN Assembly August 26, 2026 Amended IN Senate August 21, 2026 Amended IN Assembly March 11, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2250 Introduced by Assembly Member Aguiar-Curry February 19, 2026 An act to amend Sections 22980.6, 22990, and 26068 of the Business and Professions Code, to amend Section 11006.5 of the Health and Safety Code, and to amend Sections 34010 and 34016 of the Revenue and Taxation Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGEST AB 2250, Aguiar-Curry. Cannabis: cannabinoids. Chapter 248 of the Statutes of 2025 (AB 8) revised the Sherman Food, Drug, and Cosmetic Law to prohibit industrial hemp raw extract from being incorporated into food, food additives, beverages, or dietary supplements unless the industrial hemp raw extract is comprised of cannabidiol (CBD) or cannabinol (CBN) isolate with a purity level greater than 99% and does not contain any tetrahydrocannabinols or synthetic cannabinoids. AB 8, beginning January 1, 2028, revises and recasts various provisions in conformity with that prohibition. Among those conforming changes, AB 8 excludes CBD isolate from the definition of “cannabis concentrate” for purposes of the California Uniform Controlled Substances Act, which imposes various penalties for the unlawful possession or sale of cannabis concentrate. This bill, beginning on January 1, 2028, would also exclude CBN isolate from that definition of “cannabis concentrate.” AB 8 revised certain Cannabis Tax Law enforcement provisions by establishing a presumption that a product that contains or purports to contain a cannabinoid is a cannabis product, as specified. AB 8 authorized this presumption to be rebutted by evidence showing either that the product complies with the Sherman Food, Drug, and Cosmetic Law provisions regulating industrial hemp or that it meets the definition of industrial hemp as defined in the California Uniform Controlled Substances Act. This bill would make organizational and clarifying changes to those presumption provisions. The bill would consolidate and make other clarifying changes to definitional provisions of the Cannabis Tax Law revised by AB 8. The Cannabis Tax Law authorizes the California Department of Tax and Fee Administration or a law enforcement agency to seize cannabis or cannabis products from a person who possesses, stores, owns, or has made a sale of those cannabis or cannabis products under certain circumstances. AB 8 expanded the seizure authority under the Cannabis Tax Law to include a circumstance in which the product is possessed, stored, offered for sale, or sold by an unlicensed person or at an unlicensed premises, and is presumed to be a cannabis product for containing or purporting to contain a cannabinoid, including a synthetic cannabinoid, as defined. This bill would remove that AB 8 provision and, instead, would expand that seizure authority to include a circumstance in which the cannabis or cannabis product is possessed, stored, offered for sale, or sold at an unlicensed premises. AB 8 revised the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) to subject industrial hemp that enters the licensed market under MAUCRSA or is used in a cannabis product to the regulatory requirements of cannabis or cannabis products under MAUCRSA, including identification in a track and trace program established by the Department of Cannabis Control for reporting the movement of cannabis and cannabis products throughout the distribution chain, as specified. MAUCRSA, as revised by AB 8, requires the track and trace program to include an electronic software tracking system to capture data and track movement of cannabis through the commercial supply chain from cultivation to sale. This bill would specify that the data captured and movement tracked includes cultivation, harvest, processing, manufacturing, distribution, inventory, sale, and delivery. AB 8 revised the Cigarette and Tobacco Products Licensing Act of 2003 (act) to prohibit a person that is engaged in the business of selling cigarettes or tobacco products from possessing, storing, owning, or making a retail sale of cannabis, cannabis products, or a product presumed to be cannabis, and makes a violation of that prohibition subject to a specified fine and license suspension or revocation, as applicable. The act authorizes the California Department of Tax and Fee Administration to seize cannabis or cannabis products that were possessed, stored, owned, or sold at retail by a person in violation of that prohibition. The act also makes a violation of its provisions a crime, as specified. This bill would expand the above-described prohibition on making a retail sale of cannabis, cannabis products, or a product presumed to be cannabis to, instead, prohibit a person that is engaged in the business of selling cigarettes or tobacco products from making any sale of cannabis, cannabis products, or a product presumed to be cannabis. By expanding the scope of a crime under the act, the bill would impose a state-mandated local program. The bill would also expand the department’s seizure authority to include the seizure of cannabis, cannabis products, or a product presumed to be cannabis that a person sells in violation of the prohibition, as expanded by the bill. Existing law requires all moneys collected pursuant to the Cigarette and Tobacco Products Licensing Act of 2003 to be deposited in the Cigarette and Tobacco Products Compliance Fund and makes all moneys in the fund available for expenditure, upon appropriation by the Legislature, solely for the purpose of implementing, enforcing, and administering the act, including the seizure and destruction of cigarettes and tobacco products. This bill would revise that funding provision to specify that the purpose of implementing, enforcing, and administering the act includes the seizure and destruction of any product seized pursuant to the act. The bill would make clarifying changes, including to the definitions of cannabis and cannabis product for purposes of those provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 22980.6 of the Business and Professions Code is amended to read: 22980.6. (a) A person that is engaged in the business of selling cigarettes or tobacco products in this state shall not possess, store, own, or make a sale of cannabis, cannabis products, or a product presumed to be a cannabis product pursuant to subdivision (b), or any regulations promulgated pursuant to that chapter, at any site where cigarettes or tobacco products are stored or sold. A person that violates this subdivision is subject to civil penalties and suspension or revocation of their license pursuant to subdivision (d). (b) For purposes of this section, it shall be presumed that a product that contains or purports to contain a cannabinoid, including a synthetic cannabinoid, is a cannabis product, regardless of the nature or source of the cannabinoid. This presumption may be rebutted by evidence showing that the product does either of the following: (1) Complies with Chapter 9 (commencing with Section 111920) of Part 5 of Division 104 of the Health and Safety Code and any regulations promulgated pursuant to that chapter. (2) Meets the definition of industrial hemp, as that term is defined in Section 11018.5 of the Health and Safety Code. (c) (1) In addition to the authority provided pursuant to Section 34016 of the Revenue and Taxation Code, upon discovery by the department that any person possesses, stores, owns, or has made a sale of cannabis or cannabis products in violation of this section, the department is authorized to seize such products at the person’s location. Any cannabis or cannabis products seized by the department pursuant to this subdivision shall be deemed forfeited and the department shall comply with the procedures set forth in Sections 30436 to 30449, inclusive, of the Revenue and Taxation Code. (2) Any seizures or penalties authorized pursuant to this section are in addition to any criminal or civil penalties that may be imposed by law. (d) (1) (A) A first violation of subdivision (a) involving the seizure of cannabis or cannabis products shall be punishable as follows: (i) Cannabis or cannabis products with an aggregate retail value of less than two hundred dollars ($200) shall be punishable by a civil penalty of one thousand dollars ($1,000). (ii) Cannabis or cannabis product with an aggregate retail value of two hundred dollars ($200) or more shall be punishable by a civil penalty of two thousand dollars ($2,000). (B) A second violation of subdivision (a) within five years involving a seizure of cannabis or cannabis products shall be punishable as follows: (i) Cannabis or cannabis products with an aggregate retail value of less than two hundred dollars ($200) shall be punishable by a civil penalty of two thousand dollars ($2,000) and shall result in a five-day suspension of the license. (ii) Cannabis or cannabis product with an aggregate retail value of two hundred dollars ($200) or more shall be punishable by a civil penalty of five thousand dollars ($5,000) and shall result in a 10-day suspension of the license. (C) A third violation of subdivision (a) within five years involving a seizure of cannabis or cannabis products shall be punishable as follows: (i) Cannabis or cannabis products with an aggregate retail value of less than two hundred dollars ($200) shall be punishable by a civil penalty of five thousand dollars ($5,000) and shall result in a revocation of the license. (ii) Cannabis or cannabis products with an aggregate retail value of two hundred dollars ($200) or more shall be punishable by a civil penalty of ten thousand dollars ($10,000) and shall result in a revocation of the license. (2) The department shall ascertain as best it may the retail value based on any information within the department’s possession or that may come into its possession of the cannabis or cannabis product. (3) The department shall issue the civil penalty in accordance with the procedures applicable to the civil penalty authorized under Section 22974.7. (4) The department shall revoke or suspend the license of a person who violates subdivision (a) in accordance with the procedures set forth in Section 22980.3. (e) For purposes of this section: (1) “Cannabis” shall have the same meaning as provided in Section 11018 of the Health and Safety Code. (2) “Cannabis products” shall have the same meaning as provided in subdivision (a) of Section 11018.1 of the Health and Safety Code. (3) “Cannabinoid” and “synthetic cannabinoid” shall have the same meaning as provided in Division 10 (commencing with Section 26000). (f) Civil penalties collected pursuant to this section shall be deposited into the Cigarette and Tobacco Products Compliance Fund created pursuant to Section 22990. SEC. 2. Section 22990 of the Business and Professions Code is amended to read: 22990. (a) All moneys collected pursuant to this division shall be deposited in the Cigarette and Tobacco Products Compliance Fund, which is hereby created in the State Treasury. No moneys in the Cigarette and Tobacco Products Compliance Fund shall be used to supplant state or local General Fund money for any purpose. (b) All moneys in the Cigarette and Tobacco Products Compliance Fund are available for expenditure, upon appropriation by the Legislature, solely for the purpose of implementing, enforcing, and administering this division, including the seizure and destruction of any product seized pursuant to this division. SEC. 3. Section 26068 of the Business and Professions Code is amended to read: 26068. (a) The department, in consultation with the California Department of Tax and Fee Administration, shall ensure that the track and trace program can also track and trace the amount of the cultivation tax due pursuant to Part 14.5 (commencing with Section 34010) of Division 2 of the Revenue and Taxation Code. The track and trace program shall include an electronic software tracking system to capture data and track movement of cannabis through the commercial supply chain from cultivation to sale, including, but not limited to, cultivation, harvest, processing, manufacturing, distribution, inventory, sale, and delivery. (b) The department shall ensure that licensees under this division are allowed to use third-party applications, programs, and information technology systems to comply with the requirements of the expanded track and trace program described in subdivision (a) to report the movement of cannabis and cannabis products throughout the distribution chain and communicate the information to licensing agencies as required by law. (c) Any software, database, or other information technology system utilized by the department to implement the expanded track and trace program shall support interoperability with third-party cannabis business software applications and allow all licensee-facing system activities to be performed through a secure application programming interface (API) or comparable technology that is well documented, bi-directional, and accessible to any third-party application that has been validated and has appropriate credentials. The API or comparable technology shall have version control and provide adequate notice of updates to third-party applications. The system should provide a test environment for third-party applications to access that mirrors the production environment. (d) (1) The department shall incorporate delivery into the track and trace program no later than January 1, 2023. (2) Notwithstanding any other law, provisions related to inclusion of information related to delivery in the track and trace system in Sections 26067 and 26090 shall only become effective after the department incorporates delivery into the track and trace program as required by this subdivision. (3) Notwithstanding any other law, the department may adopt and readopt emergency regulations to implement this subdivision. The provisions of Section 26013 shall be applicable to emergency regulations adopted or readopted pursuant to this section. The emergency regulations authorized by this paragraph shall be deemed an emergency and necessary for the immediate preservation of public peace, health, safety, or general welfare. SEC. 4. Section 11006.5 of the Health and Safety Code is amended to read: 11006.5. (a) Before January 1, 2026, “concentrated cannabis” means the separated [Text truncated for display. Full text available on Congress.gov.]