California to Consider Adding Additional Cannabis Products to Prop 65
Earlier this year, the California Office of Environmental Health Hazard Assessment (OEHHA) asked the public for comments as they consider adding marijuana, cannabis extracts, and Δ-9-tetrahydrocannabinol (THC) to the list of potentially carcinogenic substances regulated under Prop 65.
Once comments are reviewed, a final decision to add the products to Prop 65 is expected in the next few months. These additions would be the first cannabis substances added to the proposition since marijuana smoke’s inclusion in 2009.
If approved, manufacturers will have to identify any or all these substances as potential carcinogens and/or reproductive toxicants when present in their products.
Proposition 65Proposition 65, or Prop 65 for short, was enacted in 1986 to protect California’s drinking water sources from being contaminated with chemicals that have potential to cause cancer, birth defects, or reproductive harm. There are a vast range of chemicals included on the Prop 65 list, including ingredients found in pesticides, personal goods, food, or drugs. This list is updated annually and now includes over 1,000 chemicals.
The proposition requires companies who use these substances in their products to notify consumers about the potential hazards posed by these substances. These businesses must also monitor and control chemical discharges to sources of drinking water. Manufacturers that fail to adhere to these regulations can be fined as much as $2,500 per violation per day.
2018 Changes to Prop 65Prop 65 was last amended in 2018, when the OEHHA updated guidelines for what constitutes a “clear and reasonable warning.” Other changes include:
- Redefining key terms like “label,” “sign,” “occupational exposure,” and others.
- Adding definitions for the terms “food,” “consumer information,” “knowingly,” and more.
- Revising criteria for determining responsibility to provide product warnings.
- Updating requirements for the content of consumer product exposure warnings.
- Changes to the current “safe harbor” warning.
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