The Safe Drinking Water and Toxic Enforcement Act of 1986, better known by its original name of Proposition 65 (“Prop 65”), requires the state of California to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. Cannabis was added to the Prop 65 list because it was determined it can cause developmental harm and cancer. On August 4, 2022, the Office of Administrative Law approved amendments to Prop 65 by adopting Sections 25697.38 through 24607.47 into Title 27 of the California Code of Regulations. The new sections provide non-mandatory, specific warnings for retail products that can expose consumers to cannabis smoke or delta-9-THC via inhalation, ingestion, or dermal applications and for environmental exposures at businesses where the smoking, vaping, or dabbing of cannabis or delta-9-THC occurs.
Although these were effective as of October 1, 2022, the regulations include a one-year phase-in period and an unlimited sell-through provision for products manufactured and labeled with compliant warnings before October 1, 2023.
Below is a breakdown of new labeling requirements based on category. One main change is that you can no longer use short form Prop 65 warning on the label for any products manufactured on or after October 1, 2023.
Consumer Products Exposure Warnings
After October 1, 2023 all cannabis warning signs, labels or shelf tags must contain:
- the following symbol ⚠ as required in Section 25603(a)(1);
- “WARNING:” in bold capital letters, and;
- the following (depending on the type of product):
- For products containing cannabis smoke or delta-9-THC that are intended to be smoked:
“Smoking cannabis increases your cancer risk and during pregnancy exposes your child to delta-9-THC and other chemicals that can affect your child’s birthweight, behavior, and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis.”
- For products that are to be ingested:
“Consuming this product exposes you to carcinogens including [name one or more listed carcinogens], and during pregnancy exposes your child to delta-9-THC, which can affect your child’s behavior and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis”
- For vapes and dabbing products:
“Vaping or dabbing this product during pregnancy exposes your child to delta-9-THC, which can affect your child’s behavior and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis.
”OR if the product also exposes consumers to one or more of the listed carcinogens:“Vaping or dabbing this product exposes you to carcinogens including [name one or more listed carcinogens], and during pregnancy exposes your child to delta-9-THC, which can affect your child’s behavior and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis”
- For products that are to be applied topically:
“Using this product during pregnancy exposes your child to delta-9-THC, which can affect your child’s behavior and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis”
OR if the product also exposes consumers to one or more of the listed carcinogens:“Using this product exposes you to carcinogens including [name one or more listed carcinogens] and during pregnancy exposes your child to delta-9-THC, which can affect your child’s behavior and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis”
Environmental Exposure Warnings
All areas designated for smoking, vaping, or dabbing must now include a printed sign (minimum size of 8 ½ x 11 in.) with no smaller than 22-point font. The signs must be enclosed in a frame or box and placed at both the entrance to and within the designated area to ensure the following warnings are ‘readable and conspicuous to customers’:
- Where cannabis smoking, or both cannabis smoke and delta-9-THC vaping or dabbing occurs:
“Breathing the air in this area exposes you to cannabis smoke, which increases your cancer risk and, during pregnancy, exposes your child to delta-9-THC and other chemicals that can affect your child’s birthweight, behavior, and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis”
- Where just delta-9-THC vaping or dabbing occurs:
“Breathing the air in this area during pregnancy exposes your child to delta-9-THC, which can affect your child’s behavior and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis”
- Where delta-9-THC vaping or dabbing occurs AND where consumers may be exposed to one or more listed carcinogens in the ambient air:
“Breathing the air in this area exposes you to carcinogens including [name one or more listed carcinogens] and during pregnancy exposes your child to delta-9-THC, which can affect your child’s behavior and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis”
By Alexandra Pitcher and Patrick Babajanian , June 9, 2023.