On January 3, 2020, the California Office of Environmental Health Hazard Assessment (OEHHA) added Δ9-Tetrahydrocannabinol (Δ9-THC) and cannabis smoke as reproductive toxicants on the Proposition 65 list. The warning requirement for these substances will go into effect on January 3, 2021.
Cannabis smoke is already identified as a carcinogen on the Proposition 65 list. The recent addition to the list means that the reproductive harm health endpoint also should be identified in any Proposition 65 warnings for cannabis products intended to be smoked.
The listing of Δ9-THC as a reproductive toxicant may affect not only cannabis businesses (including manufacturers of edibles), but also the large swath of businesses who manufacture and sell cannabidiol (CBD) products, even if the CBD of such products is derived from hemp. Under its legal definition, hemp may contain as much as 0.3% Δ9-THC on a dry weight basis, rendering hemp-derived CBD products a potentially attractive target for Proposition 65 enforcement – even for businesses located outside of California whose products are, or may be, sold in California. These businesses should take the time and effort to understand their potential obligations to warn, prior to the January 2021 effective date of the warning requirement.
Grimaldi Law Offices has been advising clients for over 20 years on chemical and product regulation. For knowledgeable advice and in-depth analysis on your chemical regulatory compliance obligations, contact Grimaldi Law Offices at (415) 463-5186 or email us at [email protected].
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