Prop 65: Cannabis update
Eric P. Weiss
In June of 2009, “marijuana smoke” was added to the Proposition 65 list of chemicals known to the state of California to cause cancer. OEHHA’s Carcinogen Identification Committee “determined that marijuana smoke was clearly shown, through scientifically valid testing according to generally accepted principles, to cause cancer.” As a result, all cannabis flower is subject to Proposition 65 cannabis warnings, because all flower contains/produces “marijuana smoke” and because there is no safe harbor level per OEHHA.
In January of 2020, OEHHA added tetrahydrocannabinol (THC) to the list of chemicals known to cause reproductive harm. At the same time, OEHHA determined that marijuana smoke also causes reproductive harm.
On August 4, 2022, the Office of Administrative Law approved amendments to Title 27, California Code of Regulations by adopting Sections 25697.38 through 24607.47 into Title 27 of the California Code of Regulations. The new sections address exposures to listed cannabis (marijuana) smoke and Delta-9-THC. The new regulations provide non-mandatory, specific safe harbor exposure warning methods of transmission and content for retail products that can expose consumers to cannabis (marijuana) smoke or delta-9-THC via inhalation, ingestion, or dermal application, and for environmental exposures to cannabis smoke and delta-9-THC at businesses where smoking of cannabis or vaping or dabbing of delta-9-THC occurs. The regulation will be effective on October 1, 2022, and includes a one-year phase-in period and an unlimited sell-through provision for products manufactured and labeled with compliant warnings before October 1, 2023.