California's Health and Safety Warning Laws Have Changed: What Do They Mean For Your Cannabis Business
What is California’s Proposition 65? Proposition 65 was enacted to protect consumers from carcinogens and toxic chemicals that may cause reproductive damage by enforcing businesses to include warning labels on products having such chemicals. Proposition 65 is also known as California’s 1986 Safe Water and Toxic Enforcement Act. California’s Proposition 65 requires all cannabis businesses in the supply chain, including manufacturers, distributors, and retailers to include warning labels on the cannabis products they sell. The proposition is a mandate for any company that sells products in California, irrespective of the geographical location of the company. Cannabis smoke was added to the list of approximately 1,000 chemicals by California’s Office of Environmental Health Hazard Assessment (OEHHA) in 2009 and Delta-9-Tetrahydrocannabinol (THC) was added to the list in January 2021. Cannabis or hemp-derived products containing measurable amounts of THC, even if less than 0.3%, must...