California’s Office of Environmental Health and Hazard Assessment updated Proposition 65 to include delta-9-tetrahydrocannabinol, commonly known as THC, on January 3, 2020. Previously, Cannabis smoke was listed as the only carcinogen since 2009. Now, the state has listed both cannabis smoke and THC as reproductive toxins under Prop 65.
What exactly is Proposition 65? From the official website of EHHA themselves (oehha.ca.gov), “Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986...protects the state's drinking water sources from being contaminated with chemicals known to cause cancer, birth defects or other reproductive harm, and requires businesses to inform Californians about exposures to such chemicals.”
So how exactly will listing THC impact businesses? Listing THC will affect a larger scope of products. Beginning January 3, 2021, businesses “who manufacture, distribute, or sell at retail delta-9-tetrahydrocannabinol (THC) products in California – including CBD products made with industrial hemp – will be required to warn consumers that exposure to THC is known to the state of California to cause reproductive harm” (https://www.foley.com). This also applies to any out of state company selling in California.
It is important to note that the 2018 Farm Bill, which exempts CBD products with 0.3% or less THC to be classified as marijuana under the Federal Controlled Substances Act, does not apply to Prop 65.Therefore, any detectable level of THC will require Prop 65 warning labels. This could include and not be limited to edibles,CBD products applied topically, and CBD products that are ingested.
Companies and businesses subject to Prop 65 have until January 3, 2021 to develop updated packaging, labels, and warnings that are compliant or can be subject to fines up to $2,500 per day per violation.
The official OEHHA website states, “Regulations for the listing of chemicals by the DARTIC are set out in Title 27, California Code of Regulations, section 25305(b)(1). A complete, updated Proposition 65 chemical list is available on the OEHHA website at https://oehha.ca.gov/proposition-65/proposition-65-list.”