According to Proposition 65, cannabis cigarettes have been identified as carcinogens. Cannabis products intended to be smoked may have issued a Proposition 65 warning related to cancer and should also include a reproductive hazard warning.
What does California’s Prop 65 listing mean for cannabis smoke warnings?
This new listing requires businesses to amend their cannabis smoke warnings to address both cancer and reproductive toxicity. Of note, the Prop 65 listing does not include a safe harbor level for Δ9 THC, meaning products with any detectable level of THC—including most hemp-derived CBD products—will require Prop 65 warning labels.
What is Prop 65 and why does it apply to coffee?
In 2016, a judge ruled that cofeee and coffee shops like Starbucks must include a Prop 65 warning. This is because roasted coffee beans contain acrylamide, a chemical that's present when some foods are heated, in particular plant-based foods.
Where can I place a Prop 65 warning?
A Prop 65 warning can be placed on the immediate container that holds the product or on the outer packaging, provided it can be seen, read, and understood by the consumer prior to exposure. That warning can be either a short-form warning or the standard long-form warning.
Did Prop 65 reduce airborne emissions?
As tracked by the U.S. Toxins Release Inventory, there was an ~85% reduction in airborne emissions of chemicals listed in the law's list of banned chemicals. Compared to the national rate of ~50%, Prop 65 has been widely credited for the reduction.
Why does CBD have a Prop 65 warning?
Although under federal law CBD products are allowed to contain up to 0.3 percent THC, or Δ9-Tetrahydrocannabinol, no safe harbor level of exposure to THC has been established under Prop. 65. That means private enforcers can argue that any detectable amount can subject a product to the Prop. 65 warning requirement.
Why do CBD gummies have a cancer warning?
The warnings can be a simple and direct statement, such as “this product contains a chemical known to the state of California to cause cancer, birth defects and other reproductive harm.”
Can Delta 9 cause reproductive harm?
OEHHA defines reproductive toxicity (or reproductive harm) as a chemical's interference with a person's ability to give birth to a normal, healthy child. California believes that marijuana smoke and delta 9-THC products could affect male and female reproductive systems, thereby inhibiting people's ability to reproduce, ...
What is t9 in THC?
THC stands for delta-9-tetrahydrocannabinol or Δ-9-tetrahydrocannabinol (Δ-9-THC). It is a cannabinoid molecule in marijuana (cannabis) that's long been recognized as the main psychoactive ingredient—that is, the substance that causes people who use marijuana to feel high.
Does Delta 8 help with cancer?
It is thought to be especially helpful for nausea and appetite stimulation. There is some evidence (albeit from a very small study of 10 children) that suggests delta-8-THC may be an effective option to prevent vomiting during chemotherapy treatments for cancer.
Does Delta 9 cause cancer?
In the current study, we tested the central hypothesis that exposure to Delta-9-tetrahydrocannabinol (Delta9-THC), the major psychoactive component in marijuana, can lead to enhanced growth of tumors that express low to undetectable levels of cannabinoid receptors by specifically suppressing the antitumor immune ...
Can CBD cause reproductive harm?
It is listed as a chemical known to cause reproductive harm. As many in the CBD-industry are likely aware, Cannabis (Marijuana) Smoke was added to the Prop 65 chemicals list as a carcinogen in 2009 and enforcement of the Clear and Reasonable Warning requirements began thereafter.
Does CBD affect reproductive system?
Endocannabinoid receptors have been found in sperm and the female reproductive tract. Because of this, it's thought that they can improve a sperm's ability to fertilize an egg, boost ovarian function and follicle maturation. In short, that CBD can be a natural way to boost fertility with minimal negative side effects.
What is a California Prop 65 warning?
Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment.
What is the California Prop 65?
California Prop. 65 Warning Requirement for THC Makes CBD, Hemp and Cannabis Products a Target. Although under federal law CBD products are allowed to contain up to 0.3 percent THC, or Δ9-Tetrahydrocannabinol, no safe harbor level of exposure to THC has been established under Prop. 65. That means private enforcers can argue ...
Can a private enforcer enforce Prop 65?
That means private enforcers can argue that any detectable amount can subject a product to the Prop. 65 warning requirement. Companies can work with consultants to develop a safe use determination for THC, but until it is established and accepted, enforcement actions will be a material risk.
Is marijuana a carcinogen?
65 list, California’s Office of Environmental Health Hazard Assessment added a reproductive harm endpoint for cannabis (marijuana) smoke, which was already identified as a carcinogen under Prop. 65.
When will the THC warning be enforced?
Enforcement of the warning requirement begins one year after a new listing; accordingly, businesses will not be subject to enforcement actions for cannabis smoke (as a reproductive toxicant) or THC until Jan. 3, 2021. Notwithstanding the one-year grace period, companies should not ignore this issue until 2021.
Is THC listed on Proposition 65?
However, THC has not been listed in any capacity until now.
Is THC a CBD in California?
California’s ever-expanding regulation of consumer products is now focusing on delta-9-tetrahydrocannabinol (“THC”). THC has been added to the Proposition 65 list, which will likely impact companies that manufacture or sell cannabid iol (“CBD”) and marijuana products. Effective Jan. 3, 2020, Proposition 65 lists cannabis (marijuana) smoke (“cannabis smoke”) and THC as reproductive toxicants.
Why The Controversy?
The law has been heavily criticized for causing unneeded worry and over-warning about cancer and reproductive risks.
The Problem With Prop 65
Because of the prolific use of warning labels on products, the law has had some adverse effects.
What Prop 65 Has Accomplished
Despite the potential "over-warning", Prop 65 is credited for significantly reducing exposure to toxic chemicals. Enforcement of the law and public records of enforcement actions shows that its forced many companies to reformulate the ingredients in their products, often invisibly.
The Ingredients Included In Prop 65
Prop 65's has grown from a small list of 85 chemicals since its inception to the current list of 800+ substances that are banned in products for sale in California.
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