Although under federal law, CBD products are allowed to contain no more than 0.3% THC or Δ9-THC, according to Proposition 65, the safe harbor exposure level of THC has not been determined. The product meets the warning requirements of Proposition 65. Companies can work with consultants to develop standards for the safe use of THC, but until the standards are established and accepted, enforcement actions will pose a significant risk. It is worth noting that Proposition 65 applies to Δ9-THC, although the requirements of Proposition 65 may still be triggered by residual Δ9-THC in other THC products (such as Δ8-THC distillate).
At the same time that THC was included in Proposition 65, the California Office of Environmental Health Hazard Assessment increased the reproductive hazard endpoint of cannabis (marijuana) cigarettes. 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.
As for THC, the list increases the consideration of Proposition 65 to cover a wider range of hemp, hemp and CBD products, such as oil, edible food, beverages and vape cartridges. It is expected that the plaintiff organization will actively target these products and expand its multi-year trend of marijuana business that violates Proposition 65.
Disclaimer: Due to the general nature of this update, the information provided here may not be applicable to all situations, and no action should be taken on this information without specific legal advice based on specific circumstances.
©Bryan Cave Leighton Paisner
| Lawyer Advertising
JD Supra, LLC