Insights
Publications

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

March 10, 2021 Webinar
Cannabis Industry Education Series

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

Firm Highlights

Publication

Trends Guest Editorial: Wildfires and Wineries

Link to the article in Gradient's Trends  Spring 2023 newsletter. Recurring wildfires in the Napa and Sonoma Counties of California have created a set of niche problems for the surrounding wineries, on top of...

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Publication

A Simpler Approach To Expanding Banking Access

While the cannabis community anxiously awaits what feels like Congress’ hundredth attempt to pass the SAFE Banking Act, there is one simple step that can be taken today to improve access to banking services...

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Publication

Regulatory Changes Underway To Address Dwindling California Property Insurance Market

We keep hearing about how difficult it is for our clients to get property insurance these days, both for homes and businesses in Northern California’s wildfire-prone areas. Which, of course, is most of Northern...

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Event

Cannabis Real Estate Deep Dive

Quinn Arnsten will moderate the panel "Cannabis Real Estate Deep Dive" hosted by Bisnow.  Click  here  for more information and to register to attend.

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News

Legal 500 United States 2023 Ranks Farella Practices

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News

Farella Braun + Martel Earns 2024 Best Law Firms® Rankings

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Publication

New Laws and Compliance Updates for California Employers in 2023

California has passed several new or amended employment laws covering topics ranging from off-duty marijuana use, reproductive rights, California Family Rights Act, COVID-19, criminal law and the workplace, new avenues of enforcement against employers...

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Event

2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program

Sarah Bell will moderate the panel "PFAS: Everything Everywhere All at Once"  at the American Bar Association's 2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program. Session Overview: PFAS...

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Publication

Wind Energy Project Approvals and Tax Credits Look To Outpace Macroeconomic and Supply Chain Headwinds in 2024

A snapshot of the renewable wind industry on October 31, 2023, captures many of the current challenges and opportunities for the industry and regulatory agencies heading into 2024.  That day, the world’s largest offshore...

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Publication

Under FTC’s New Proposed Rule, Employers Will No Longer Be Able to Rely on Noncompete Agreements

The Federal Trade Commission (FTC) has proposed a rule that would prohibit the use of noncompete agreements in employment contracts. Noncompete agreements prevent employees and independent contractors from pursuing certain forms of employment &ndash...

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