New Proposition 65 Warning Requirements for Cannabis and Hemp-Derived Products

Donald Sobelman and Wendy Hernandez discuss "New Proposition 65 Warning Requirements for Cannabis and Hemp-Derived Products."

Proposition 65 requires “clear and reasonable” warnings in California for products containing chemicals on the State’s list of substances causing cancer and/or reproductive toxicity. As of January 2021, THC is a listed chemical requiring a warning, and the listing for marijuana smoke has changed. Manufacturers, distributors, and retailers of cannabis and hemp-derived (including CBD) products are responsible for evaluating their products and assuring compliance with the updated Proposition 65 requirements. The discussion includes:

• Prop 65 requirements for retailers and upstream businesses
• New THC and revised marijuana smoke warning requirements
• How to comply via regular or “short form” warning
• Strategies for responding to a citizen enforcer’s 60-day notice of a Prop. 65 violation and intent to file a lawsuit