Updates to California's Prop 65 (Delta-9-THC, Title 27) - as of October 2023

Nov 1st 2023

As of October 1st, 2023, the one-year change over period of California's Final Regulations from Title 27, amended in 2022, has ended. These changes to California’s Prop 65 require new verbiage for products that contain or expose users to delta-9-tetrahydrocannabinol (delta-9-THC) and cannabis smoke to be made aware to consumers.

Cannabis products containing these chemicals or places of business that can expose consumers to these chemicals require a new non-mandatory warning. This does not affect products manufactured before October 1st, 2023. However, products manufactured on or after October 1st, 2023, will require the new language to provide proper safe harbor warnings and qualify for safe harbor protection.

Although the warning is not mandatory, providing the proper warning will ensure safe consumption for consumers and safe harbor protection for businesses. Businesses are not required to provide the warning on products; businesses can choose a warning method of their choice as long as the warning is provided to customers prior to exposure.

Any products that contains or will expose users to delta-9-THC must have a Warning Triangle Symbol, include the word “Warning:” in bold print with all capital letters, and one of the following:

Cannabis (Marijuana) Smoke: “Smoking cannabis increases your cancer risk and during pregnancy exposes your child to delta-9-THC and other chemicals that can affect your child’s birthweight, behavior, and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis.”
Delta-9-THC from Ingested Products: “Consuming this product during pregnancy exposes your child to delta-9-THC, which can affect your child’s behavior and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis”
Delta-9-THC from Vaping or Dabbing Products: “Vaping or dabbing this product during pregnancy exposes your child to delta-9-THC, which can affect your child’s behavior and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis.”
Delta-9-THC from Dermally Applied Products: “Using this product during pregnancy exposes your child to delta-9-THC, which can affect your child’s behavior and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis.”

If your products exposes consumers to one or more listed carcinogens, you must also include the verbiage:

(Smoking, Consuming, Vaping or Dabbing, Using ['Using' only to be used for dermally applied products]) “this product exposes you to carcinogens including [name one or more listed carcinogens], and during pregnancy exposes your child to delta-9-THC, which can affect your child’s behavior and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis.”
However, if your product only exposes consumers to one listed carcinogen, your warning may use the phrase “the carcinogen” instead of “carcinogens including.”

It is also important to remember if your products include consumer information in a language other than English, the warning labels for your product must be in that language and English.

These warnings will continue to ensure all consumers are informed and protected, likewise THC is here to be your solution to all your label and compliance needs. Incase some of your product labels are missing these important additions, we have a new updated Prop 65 labels for the different cannabis product types. Check out our California State Labels for our Prop 65 2023 labels: Smoke/Smoking Products, Ingested Products, Vaping or Dabbing Products, and Dermal Use Products.

Click the products to purchase the new California Prop Labels: