New Proposition 65 Warnings for THC and Cannabis Smoke Required* on October 1

*For “safe harbor” protection

September 8, 2023

By Lauren Mendelsohn

 

On October 1, 2023 the one-year phase-in period for the Proposition 65 warning regulations specifically for cannabis smoke and delta-9-THC that were adopted last year by OEHHA will end, meaning that any products manufactured and labeled on or after that date which cause exposure to these chemicals must bear the new warning language in order to receive “safe harbor” protection under Prop. 65. The new warning language applies to environmental exposure — i.e. consumption lounges — as well.

We encourage you to read our previous blog post on this topic, which discussed the new warning language, the phrase-in period, and the sell-through period (for products manufactured and labeled before 10/1/23) in detail. Of particular note is the impending sunset of the “short form” warning when it comes to cannabis smoke and delta-9-THC, which has become the preferred warning method for most businesses.

In related news, the California Attorney General recently filed suit against a number of hemp businesses for violations of Prop. 65. This highlights how hemp and cannabis companies alike, as well as other types of businesses operating in or selling products to consumers in California, are subject to the law’s “clear and reasonable” warning requirement.

Stay tuned for further updates regarding Proposition 65.

 

This information is provided as a public educational service and is not intended as legal advice. For specific questions regarding California’s Proposition 65, including how your business is impacted or for a review of your warning labels, please contact the Law  Offices of Omar Figueroa at info@omarfigueroa.com or 707-829-0215 to schedule a confidential legal consultation.