California OEHHA Adopts Safe Harbor Warning Regulations for Cannabis Smoke and Delta-9-THC

Via The National Law Review

Recently, California’s Office of Environmental Health Hazard Assessment (OEHHA) adopted safe harbor warning regulations for cannabis smoke and delta-9-tetrahydrocannabinol (delta-9-THC) under California Proposition 65.[1]

What is Proposition 65?

The Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as Proposition 65) requires the governor of California to publish, at least annually, a list of chemicals known to the State to cause cancer or reproductive toxicity.[2] Among other things, the law prohibits the knowing exposure of any individual to an amount of a listed chemical without first providing a “clear and reasonable warning” to such individual.[3] The law requires these warnings to be provided for Proposition 65 exposures from consumer products, the workplace, and the environment unless “the person responsible can show that the exposure [to a listed carcinogen] poses no significant risk assuming lifetime exposure at the level in question,” or, for a listed reproductive toxin, that the substance “will have no observable effect assuming exposure at 1,000 times the level in question.”[4] Other limited exemptions from the warning requirement also may apply under the law.

Safe Harbor Warning Regulations for Cannabis Smoke and Delta-9-THC

OEHHA initially added cannabis smoke and delta-9-THC to the Proposition 65 list for developmental toxicity in 2020, while cannabis smoke has been listed as a carcinogen since 2009. In late 2021, OEHHA initially proposed the safe harbor warning regulations for cannabis smoke and delta-9-THC. After two updated draft proposals, OEHHA adopted this final version.

Read the full article at  https://www.natlawreview.com/article/california-oehha-adopts-safe-harbor-warning-regulations-cannabis-smoke-and-delta-9

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