As the cannabis industry and its associated sectors have gained increasing social and legal acceptance, these businesses have started to face an issue that has been plaguing traditional Consumer Packaged Goods companies in the state of California for decades—Proposition 65 claims.
Proposition 65 is a California initiative approved by voters in 1986 and enacted into law as the Safe Drinking Water and Toxic Enforcement Act. The law requires California to publish a list of substances that are known to the state of California to cause cancer or reproductive harm. The law prohibits “knowingly and intentionally” causing exposure to one of the substances on the list without first providing a “clear and reasonable” warning. To comply with Proposition 65, businesses must provide consumers with a Proposition 65 compliant warning unless they can ensure that their product does not expose consumers to a listed substance at levels that may cause cancer or reproductive harm.
There are currently over 950 substances on the Proposition 65 list. Most relevant to the cannabis industry, California has listed cannabis/marijuana smoke as both a carcinogen and a reproductive toxicant, and delta-9-Tetrahydrocannabinol (THC) as a reproductive toxicant.
To Read The Rest Of This Article By Jasmine Wetherell on JDSupra
Published: July 11, 2022
Founder & Interim Editor of L.A. Cannabis News