California Ramps Up Enforcement Against Online Hemp Sales | Cannabis Law Report | Where to order Skittles Moonrock online

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California SB 378 was signed into law on October 6, 2025 and will impact “online hemp marketplaces” (OHMs) starting July 1, 2026, as first covered here. OHMs include internet websites, mobile applications, social media platforms, and more that do any of the following in California:

• Transmit or otherwise communicate between a third-party seller and consumer an offer for the sale of an intoxicating hemp product that is accepted by the consumer.
• Offer for sale an intoxicating hemp product.
• Connect a third-party seller of an intoxicating hemp product and a consumer.

Effective July 1, 2026, all OHMs (and online cannabis marketplaces) will be required to implement a clear and conspicuous mechanism on their site that allows a person to report the existence of an ad for an intoxicating hemp product, meaning any hemp product with any detectable intoxicating cannabinoids as defined broadly here, as covered in this blog here.

Existing California laws and regulations already prohibited the sale of hemp food products containing any THC (such as food, food additives, beverages, and dietary supplements) AND all inhalable hemp products. These prohibitions have largely been enforced on-the-ground in brick-and-mortar retailers in California, but SB 378 gives the state a tool to regulate online sales as well.

SB 378’s enactment continues California’s aggressive anti-hemp stance. We have observed a trend in which California’s increasing antagonism towards hemp has worsened its cannabis crisis.  This latest round of anti-hemp legislation will invariably force even more hemp businesses out of the state. It will also hasten California’s demise as the cannabis capital of the country, as more and more legacy cannabis companies discover the opportunities that hemp provides and move to friendlier states, such as North Carolina. Our firm has seen an exodus of California operators departing from the state and anticipate that this trend will continue, particularly in light of the ever-darkening and regulatory atmosphere for cannabis in the state.

October 13, 2025

This article was written by Kight Law attorney Amber Lengacher. Kight Law represents hemp businesses in the US and throughout the world.