The California Office of Environmental Health Hazard Assessment (OEHHA) has formally announced that effective January 3, 2020, Cannabis (Marijuana) smoke and Δ9-Tetrahydrocannabinol (Δ9-THC) has been added to the Prop 65 List.
Safe harbor levels have not been established yet. The listing entry does not specify the method of exposure, although the evidence report, dated October 2019, refers to smoking, vaping and ingestion.
Doing business in the state of California with products that potentially contain some level of THC, which include CBD products, even at trace levels run the risk of being considered non-compliant without the appropriate warnings and/or open to potential class action.
Even CBD products that may be compliant with the 2018 Farm Bill may still face scrutiny in the state of California since the bill allows for the presence of THC provided the substance is no more than 0.3%.
Caution is warranted here given the recent timing of release and there is no litigation history for these substances under Prop 65 to speak of to date.
Industry may form an interested party group to assist with safe harbor development of a Maximum Allowable Dose Level (MADL) due to its reproductive toxicity classification accordingly.
