New Prop. 65 Warnings for Cannabis Smoke and THC Approved by OEHHA
By Lauren Mendelsohn
September 20, 2022
Last month, the California Office of Environmental Health Hazard Assessment (OEHHA) quietly adopted new Prop. 65 warning regulations specifically for products containing cannabis smoke and delta-9-THC, which are now codified at 7 Cal. Code of Regulations §§ 25607.38 – 25607.47. We previously discussed these regulations when they were initially proposed here.
For some quick background, Proposition 65 – also known as the “Safe Drinking Water and Toxic Enforcement Act of 1986” – requires businesses that expose people to significant levels of chemicals determined to cause cancer or reproductive harm with a clear and reasonable warning. Although it is a state law, it applies not only to companies based in California, but anyone who sells products to consumers here, including via the internet or catalogs. There are some exceptions, including businesses with fewer than 10 employees (though “employees” is defined very broadly), governmental agencies, and public water systems. Cannabis (marijuana) smoke and delta-9-THC are both on the Prop. 65 list for cancer and reproductive harm, respectively; some other chemicals that may be present in cannabis products are also listed.
The new warning regulations, which become effective on October 1, 2022 and have a one-year “phase in” period, prohibit the use of the “short form” on-product warning and instead require a custom warning that includes (among other things) the name of one or more listed chemicals and a unique URL specifically for cannabis-related warnings. Products manufactured before October 1, 2023 but which have a compliant pre-October 2023 warning can continue to be sold past that date and still be in compliance.
The “short form” warning described in 27 CCR §25603(b) is popular with cannabis and non-cannabis companies alike, since identification of specific chemicals is not required with that format which also takes up less room on a product label. The “long form” warning described in 27 CCR §25603(a) is also common. However, OEHHA determined that as far as products that could expose consumers to cannabis smoke and/or delta-9-THC are concerned, the current warning language set forth in §25603 was not clear enough, hence the creation of specific warnings for these types of products. (A bit of reefer madness, if you ask us.)
The new regulations differentiate between exposure to cannabis smoke and delta-9-THC (which is on the Prop. 65 list simply as “THC”) from smokable products, ingested products (i.e., edibles), vaping or dabbing products, and “dermally-applied products, and have tailored warnings with slightly different language for each of these categories.
It should be noted that this exact warning language is not required; however, this language has been deemed to be “clear and reasonable” and thus provide businesses that use them with a safe harbor against enforcement actions. (Better to play it safe!)
Here is what the new warning for smokable cannabis products looks like:
The new warning for exposure to delta-9-THC from ingested products looks like this:
Here is the new tailored warning for vaping or dabbing products that expose consumers to delta-9-THC:
And here is the new warning for dermally-applied products that expose consumers to delta-9-THC:
Additionally, there is new warning language for environmental exposure to cannabis smoke and/or delta-9-THC in 27 CCR §25607.47 that consumption lounge operators should take note of:
The “symbol required in Section 25603(a)(1)” is the yellow triangle with the exclamation point that we’re all quite familiar with at this point: 
The full text of the new warning regulations specific to cannabis smoke and delta-9-THC, as well as the OEHHA’s final statement of reasons, are available below. The rulemaking page can also be found here.
Stay tuned to our blog for further updates regarding California’s Proposition 65.
This information is provided as a public educational service and is not intended as legal advice. For specific questions regarding Proposition 65, such as how your business can comply with the warning requirements, please contact the Law Offices of Omar Figueroa at info@omarfigueroa.com or 707-829-0215 to schedule a confidential legal consultation.