For higher or worse, the Safe Drinking Water and Toxic Enforcement Act of 1986 (a/ok/a Prop. 65) has lengthy plagued California companies. And hashish companies are not any exception (see right here and right here). Prop. 65 requires companies to offer “a clear and reasonable warning before they cause an exposure to
a chemical listed as known to the state to cause cancer or reproductive toxicity.” The Office of Environmental Health Hazard Assessment (OEHHA), the company answerable for implementing and overseeing Prop. 65, publishes and updates the listing of chemical compounds identified to trigger most cancers, delivery defects or different sorts of reproductive hurt. That list now consists of tons of of chemical compounds.
Effective June 19, 2009, marijuana smoke was added to the Prop. 65 listing of chemical compounds identified to trigger most cancers. OEHHA’s Carcinogen Identification Committee “determined that marijuana smoke was clearly shown, through scientifically valid testing according to generally accepted principles, to cause cancer.” Technically then, all hashish flower is topic to Prop. 65 warnings, as a result of all flower incorporates/produces “marijuana smoke” and since there isn’t any secure harbor degree per OEHHA. In addition, oils, wax, vapes, and so forth. normally comprise no less than one chemical on OEHHA’s listing.
Given these info, there’s hardly a hashish enterprise in California that received’t discover itself topic to Prop. 65 warning necessities in some unspecified time in the future. And not one of the state businesses answerable for overseeing the implementation of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) immediately help licensees in determining what they should do to guard themselves beneath Prop. 65 (apart from the helpful fact sheet just lately revealed by the California Department of Public Health that provides a slim nod to Prop. 65 compliance).
In January 2020, OEHHA added “THC” to the listing of chemical compounds identified to trigger reproductive hurt. At the identical time, OEHHA additionally decided that “marijuana smoke”, along with being listed as a cancer-causing carcinogen, additionally causes reproductive harm (which will certainly change the content material of the secure harbor language on flower merchandise throughout the business). There was a one 12 months grace interval for hashish companies to adjust to the Prop. 65 secure harbor warning label provisions, and that grace interval led to January of this 12 months.
Now, OEHHA is proposing to amend Prop. 65 laws once more, however this time it’s to determine “tailored safe harbor warnings for cannabis (marijuana) smoke and delta-9-tetrahydrocannabinol (delta-9-THC) exposures would assist affected businesses and consumers of those products.” Specifically, the “proposed amendments will adopt new safe harbor warning regulations to address the methods of transmission and content of warnings for exposure to cannabis (marijuana) smoke and delta-9-tetrahydrocannabinol (delta-9-THC).” Here is a replica of the proposed guidelines, and listed here are a number of the highlights:
- The proposed secure harbor warnings are optionally available, however it will be silly to not undertake them since they’re your greatest probability of complying with Prop. 65;
- The secure harbor warnings (and strategies of transmission) will apply to smokeable and ingestible hashish merchandise (i.e., edibles) in addition to THC-based or containing vapes, dabs (which is an undefined time period), and dermally transmitted merchandise (like pores and skin patches); and
- There can be a secure harbor warning for “environmental exposures” to hashish and/or THC for institutions “where such exposures can occur on the premises of the business” (i.e., consumption lounges as permitted beneath MAUCRSA).
The secure harbor warnings themselves are undoubtedly completely different from the present warnings utilized by hashish companies (see right here). Here are a few the proposed warnings with the up to date, “tailored” secure harbor language:
- The Prop. 65 symbol; The phrase “WARNING:” in all capital letters and daring print, and the phrases, “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.”
- The Prop. 65 image; The phrase “WARNING:” in all capital letters and daring print, and the phrases: (i) “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”, or (ii) if the product additionally exposes shoppers to a number of listed carcinogens, “Consuming 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.”
The public has till May 18, 2021 to get feedback into OEHHA on the proposed tailor-made secure harbors for hashish and THC merchandise. Nonetheless, I anticipate that OEHHA will undertake the laws as a written, which implies tons of of hashish firms might want to re-work their present product labels to adjust to the brand new secure harbor language to stay as secure and as compliant as attainable. Otherwise, as normal, the notorious Prop. 65 bounty hunters will abound.
Cannabis companies ought to begin inspecting their stock now and taking inventory of the time and expense it can take to guard themselves as these new secure harbor warnings undoubtedly roll out.