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New Proposition 65 Chemical Listings May Affect The Cannabis and The CBD Industries

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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Ms. Grimaldi maintains a diverse environmental law practice focusing on chemical and product regulation and litigation defense. Her practice areas include Proposition 65, California's Safer Consumer Products Regulations, California's Rigid Plastic Packaging Container Act and the federal Toxic Substances Control Act. Ms. Grimaldi graduated from the University of California Hastings College of the Law magna cum laude and holds a Bachelor of Science Degree in Bacteriology from University of California, Davis. Prior to attending law school, she worked as a research assistant in laboratories at the University of California, San Francisco Cancer Research Institute and at the University of California, San Francisco School of Medicine.