For better or worse, the Safe Drinking Water and Toxic Enforcement Act of 1986 (a/k/a Prop. 65) has long plagued California businesses. And cannabis businesses are no exception (see here and here). Prop. 65 requires businesses to provide “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 agency in charge of implementing and overseeing Prop. 65, publishes and updates the list of chemicals known to cause cancer, birth defects or other types of reproductive harm. That list now includes hundreds of chemicals.

Effective June 19, 2009, marijuana smoke was added to the Prop. 65 list of chemicals known to cause cancer. 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 cannabis flower is subject to Prop. 65 warnings, because all flower contains/produces “marijuana smoke” and because there is no safe harbor level per OEHHA. In addition, oils, wax, vapes, etc. usually contain at least one chemical on OEHHA’s list.

Given these facts, there is hardly a cannabis

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