California 20252026 Regular Session Status: In Committee 1 R cosponsors

AB 1397 — Hemp: low-dose hemp drinks.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Assembly. Introduced February 21, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Assembly.

Prognosis

Stalled 16% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Sherman Food, Drug, and Cosmetic Law, among other things, regulates the labeling of food, beverages, and cosmetics and makes it a crime to distribute in commerce any food, drug, device, or cosmetic if its packaging or labeling does not conform to these provisions. Existing law establishes a process for the embargo, condemnation, and destruction of a food, drug, device, or cosmetic that is adulterated, misbranded, or falsely advertised, gives the authority to place items under embargo to authorized agents of the State Department of Public Health, and requires the department to take specified actions. Violation of the Sherman Food, Drug, and Cosmetic Law is a misdemeanor. Existing law also requires hemp manufacturers who produce specified products that include industrial hemp or who produce raw hemp extract, as defined, to complete a registration process, under the State Department of Public Health, and to meet various requirements for testing and labeling on products. Existing law, as part of the registration process, requires the department to assess specified fees, including an oversight and authorization enrollment fee, to cover the actual reasonable costs of implementing the regulatory program. This bill would authorize a hemp manufacturer to produce and sell low-dose hemp drinks, as defined, if specified requirements are met, including that the low-dose hemp drink contains no greater than 5 milligrams of total THC per container and does not contain cannabis, as defined. The bill would require the low-dose hemp drink to be tested by an independent testing laboratory, and would prohibit a low-dose hemp drink from being sold to or consumed by an individual under 21 years of age. This bill would impose a low-dose hemp drink excise tax upon purchasers of low-dose hemp drinks sold in the state at 10% of the gross receipts of any retail sale of low-dose hemp drinks, as specified. The bill would require the California Department of Tax and Fee Administration to administer the tax pursuant to the Fee Collection Procedures Law, the violation of which is a crime. The bill would require a retailer to collect the tax from the purchaser and remit it to the California Department of Tax and Fee Administration. The bill would require the tax, and interest, penalties, and other amounts collected and paid to the department pursuant to the tax, to be deposited into the Low-Dose Hemp Drink Excise Tax Fund, which the bill would establish, and would continuously appropriate the moneys in the fund to the department and to the State Department of Public Health for regulatory purposes related to low-dose hemp drinks, as specified. By extending the application of the Fee Collection Procedures Law, and by expanding the application of the Sherman Food, Drug, and Cosmetic Law, both of which make a violation of their provisions a crime, the bill would impose a state-mandated local program. 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. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. Re-referred to Com. on B. & P.

  5. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

  6. Referred to Coms. on B. & P. and Rev. & Tax.

  7. Read first time.

  8. From printer. May be heard in committee March 24.

  9. Introduced. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

taxation health-insurance agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1397 do?
The Sherman Food, Drug, and Cosmetic Law, among other things, regulates the labeling of food, beverages, and cosmetics and makes it a crime to distribute in commerce any food, drug, device, or cosmetic if its packaging or labeling does not conform to these provisions. Existing law establishes a process for the embargo, condemnation, and destruction of a food, drug, device, or cosmetic that is adulterated, misbranded, or falsely advertised, gives the authority to place items under embargo to authorized agents of the State Department of Public Health, and requires the department to take specified actions. Violation of the Sherman Food, Drug, and Cosmetic Law is a misdemeanor. Existing law also requires hemp manufacturers who produce specified products that include industrial hemp or who produce raw hemp extract, as defined, to complete a registration process, under the State Department of Public Health, and to meet various requirements for testing and labeling on products. Existing law, as part of the registration process, requires the department to assess specified fees, including an oversight and authorization enrollment fee, to cover the actual reasonable costs of implementing the regulatory program. This bill would authorize a hemp manufacturer to produce and sell low-dose hemp drinks, as defined, if specified requirements are met, including that the low-dose hemp drink contains no greater than 5 milligrams of total THC per container and does not contain cannabis, as defined. The bill would require the low-dose hemp drink to be tested by an independent testing laboratory, and would prohibit a low-dose hemp drink from being sold to or consumed by an individual under 21 years of age. This bill would impose a low-dose hemp drink excise tax upon purchasers of low-dose hemp drinks sold in the state at 10% of the gross receipts of any retail sale of low-dose hemp drinks, as specified. The bill would require the California Department of Tax and Fee Administration to administer the tax pursuant to the Fee Collection Procedures Law, the violation of which is a crime. The bill would require a retailer to collect the tax from the purchaser and remit it to the California Department of Tax and Fee Administration. The bill would require the tax, and interest, penalties, and other amounts collected and paid to the department pursuant to the tax, to be deposited into the Low-Dose Hemp Drink Excise Tax Fund, which the bill would establish, and would continuously appropriate the moneys in the fund to the department and to the State Department of Public Health for regulatory purposes related to low-dose hemp drinks, as specified. By extending the application of the Fee Collection Procedures Law, and by expanding the application of the Sherman Food, Drug, and Cosmetic Law, both of which make a violation of their provisions a crime, the bill would impose a state-mandated local program. 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. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.
Who sponsors AB 1397?
AB 1397 is sponsored by Flora, Heath (Republican).
What is the current status of AB 1397?
This bill is in committee in the Assembly. Introduced February 21, 2025. It must pass committee before a floor vote.
Where can I track AB 1397?
Track AB 1397 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1397

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1397

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →