§ 22944
423 words·~2 min read·
/ca/business-and-professions-code/22944A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of this chapter, the following definitions apply:
(a)“Advertisement” means an advertisement about, or an offer of, a sale of an intoxicating hemp product.
(b)“Business information” means an internet website, mobile application, address, or telephone number through which a seller offers to sell, or a consumer makes a purchase of, an intoxicating hemp product.
(c)“Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language. The Attorney General may promulgate regulations further defining clear and conspicuous.
(d)“Industrial hemp product” has the same meaning as that term is defined in subdivision
(g)of Section 111920 of the Health and Safety Code.
(e)“Inhalable hemp product” includes any hemp product that can be used by inhalation, including, but not limited to, hemp flower, hemp prerolls, hemp vaping cartridges, liquids, or prefilled devices, hemp shatter, wax, budder, or other hemp derived concentrates that can be used for inhalation.
(f)“Intoxicating hemp product” means either of the following:
(1)A hemp product whose THC concentration exceeds the amounts allowable under the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code) or any rules or regulations adopted thereunder, and is unlawful to sell without a license.
(2)An inhalable hemp product with a detectable THC concentration, and is unlawful to sell without a license.
(g)“Licensed” means licensed pursuant to Division 10 (commencing with Section 26000).
(h)“Online hemp marketplace” means an internet website, online service, online application, or mobile application, or a portion thereof, including a social media platform, as defined in Section 1798.99.20 of the Civil Code, that, as applied to products containing hemp for human consumption, including, but not limited to, cosmetics, food, food additives, dietary supplements, or lotions, does any of the following in California:
(1)Transmits or otherwise communicates between a third-party seller and consumer an offer for the sale of an intoxicating hemp product that is accepted by the consumer.
(2)Offers for sale an intoxicating hemp product.
(3)Connects a third-party seller of an intoxicating hemp product and a consumer.
(i)“Third-party seller” means a person or entity, independent of an online marketplace, who sells, offers to sell, or contracts with an online marketplace to sell a product in the state by or through an online marketplace.