California’s Proposition 65 is, among other things, a consumer product labeling law.  Though there are exceptions to the rule, it is generally a safe bet that if a product contains one or more of approximately 900 chemicals known to the State of California to cause cancer or reproductive toxicity, that product needs a Prop. 65 warning.

Marijuana smoke has been listed as a carcinogen on the Prop. 65 “List” of chemicals and other substances since 2009, long before the passage of California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).  California’s Office of Environmental Health Hazard Assessment (OEHHA), which is responsible for maintaining the List, is looking to add several more cannabis-related substances to the List.  OEHHA is taking public comments on these proposed additions until April 29, 2019.  The chemicals selected for review for possible listing under Prop. 65 as causing reproductive toxicity are:

  • Cannabis (marijuana)
  • Marijuana (cannabis) smoke
  • Cannabis extracts
  • Δ-9-Tetrahydrocannabinol (THC)

Proposition 65 warnings apply to all consumer products if they contain one or more of the approximately 900 chemicals on the Prop. 65 List unless some exception or threshold exposure limit applies.  If these cannabis-related substances are added to the List and no minimum threshold exposure value is set, it is difficult to imagine a cannabis product that will not require a Prop. 65 reproductive toxicity warning.  It should be noted that these warnings are required in addition to MAUCRSA’s labeling requirements for cannabis products.

OEHHA notes that interested parties or members of the public have the opportunity to provide information relevant to the assessment of the evidence regarding the above chemicals until April 29, 2019.  OEHHA has published instructions on how to comment on its website.

CMBG3 Law has represented clients in matters with warning label issues for many years. Our attorneys in California are well-versed on Prop 65 issues and requirements. Proposition 65 does not lend itself to a one-size-fits-all approach. If you are a property owner or landlord in California, we recommend seeking legal advice to address your individual situation as the information at this site is not, nor is it intended to be, legal advice. While we invite you to contact us, and welcome you to do so, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established. If you have any questions or would like more information, please contact Gilliam Stewart (email him or 415-957-2322).