California officials have updated the parameters of Proposition 65 to include cannabis smoke and THC as reproductive toxins that will require warning labels on all packaging.
California’s Office of Environmental Health Hazard Assessment (OEHHA) has approved listing “cannabis smoke” and THC as reproductive toxins under Proposition 65 and, in one year, cannabis products in the state will need to label their products with a Prop 65 warning label.
Cannabis smoke has been listed as a Prop 65 carcinogen since 2009; THC is a new addition. OEHHA’s Science Advisory Board’s Developmental and Reproductive Toxicant Identification Committee – as the “state’s qualified experts” – voted in support of listing cannabis as a reproductive toxin in December based on their conclusion that cannabis smoke and THC “have been shown to cause reproductive toxicity based on the developmental endpoint,” the agency said in its January 3 policy announcement.
Chemicals Listed Effective January 3, 2020 As Known to The State of California To Cause Reproductive Toxicity (Developmental Endpoint): Cannabis (Marijuana) Smoke and Δ9-Tetrahydrocannabinol (Δ9-THC)
Effective January 3, 2020, the Office of Environmental Health Hazard Assessment is adding cannabis (marijuana) smoke and Δ9-tetrahydrocannabinol (Δ9-THC) to the list of chemicals known to the state to cause reproductive toxicity (developmental endpoint) for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). At a public meeting on December 11, 2019, the Developmental and Reproductive Toxicant Identification Committee (DARTIC) in its official capacity as the “state’s qualified experts” determined that cannabis (marijuana) smoke and Δ9-tetrahydrocannabinol (Δ9-THC) were shown to cause reproductive toxicity based on the developmental endpoint. Regulations for the listing of chemicals by the DARTIC are set out in Title 27, California Code of Regulations, section 25305(b)(1).
A complete, updated Proposition 65 chemical list is available on the OEHHA website at https://oehha.ca.gov/proposition-65/proposition-65-list.
Link to Public Comments
- Comment Submissions – Developmental and Reproductive Toxicant Identification Committee Meeting Scheduled for December 11, 2019, Notice of Availability of Hazard Identification Materials for Cannabis (Marijuana) Smoke and Δ-9-Tetrahydrocannabinol (THC)
Footnotes and References
 The Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health and Safety Code section 25249.5 et seq., commonly referred to as “Proposition 65”.
Title 27, Cal. Code of Regs., section 25302et seq.