• As our readers may recall, the California Office of Environmental Health Hazard Assessment (OEHHA) tasked the Developmental and Reproductive Toxicant Identification Committee (DARTIC) of OEHHA’s Science Advisory Board with evaluating whether cannabis (marijuana), marijuana (cannabis) smoke, cannabis extracts, and Δ-9-Tetrahydrocannabinol (Δ9-THC) have been shown to cause reproductive toxicity for purposes of listing under California’s Proposition 65 (“Prop. 65”). Marijuana smoke has been listed as a carcinogen since 2009. At a public meeting on December 11, 2019, DARTIC (in its official capacity as the “state’s qualified experts”) determined that cannabis (marijuana smoke) and Δ9-THC were shown to cause reproductive toxicity based on the developmental toxicity endpoint.
  • Effective January 3, 2020 (and subject to enforcement starting January 3, 2021), OEHHA finalized the listing of cannabis (marijuana) smoke and Δ9-THC as reproductive toxicants under Prop. 65. Due to the large volume of data received in response to its March 15, 2019 public request for information, however, OEHHA limited its review of evidence to the developmental toxicity of cannabis smoke and Δ9-THC, deferring evaluation of “[o]ther extracts of cannabis” for potential future consideration.
  • Due to the prior listing of marijuana smoke on Prop. 65 as a carcinogen, some marijuana smoke-based products may already bear Prop. 65 warnings addressing the cancer risk. The new listing, however, would require companies to reassess and consider expanding their warnings for cannabis (marijuana) smoke products to incorporate the reproductive toxicity endpoint. In addition, the new listing may reach cannabis products that contain Δ9-THC but do not expose individuals to smoke (such as edibles, cosmetics, beverages, vape cartridges, etc.), for potential warnings addressing reproductive toxicity.

Keller and Heckman attorneys routinely advise clients on compliance issues and enforcement actions related to California’s Prop. 65 and the evolving regulatory status of cannabis-related ingredients.