On January 3, 2020, the California Office of Environmental Health Hazard Assessment (OEHHA) added Δ9-tetrahydrocannabinol (Δ9-THC) and cannabis (marijuana) smoke to the list of chemicals known to the state to cause reproductive toxicity (developmental endpoint) for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Following the specified one-year transition period, companies that market products in California that may cause exposures to these chemicals must provide a compliant warning by January 3, 2021 if not otherwise exempt.
 
AHPA has updated its Guidance on California Proposition 65 and Hemp products and Guidance on California Proposition 65 and Cannabis products documents to include information about the impact of these new chemical listings. These free resources provide information about Proposition 65 and can assist companies in determining whether their products may require a warning. A recording of the February 2020 AHPA webinar California Proposition 65 for legal cannabis products is available as an educational resource.
 
At a public meeting on December 11, 2019, the OEHHA Developmental and Reproductive Toxicant Identification Committee (DARTIC) in its official capacity as the “state’s qualified experts” determined that cannabis (marijuana) smoke and Δ9-tetrahydrocannabinol (Δ9-THC) were shown to cause reproductive toxicity based on the developmental endpoint. Regulations for the listing of chemicals by the DARTIC are set out in Title 27, California Code of Regulations, section 25305(b)(1).