The American Herbal Products Association (AHPA) has updated its Proposition 65 guidance documents for cannabis and hemp products to include information about new safe harbor warnings for cannabis (marijuana) smoke and delta-9 tetrahydrocannabinol (delta-9 THC) that became effective on October 1, 2022. The announcement of the new non-mandatory safe harbor warnings by the California Office of Environmental Health Hazard Assessment (OEHHA) includes a transition period of one year, and an unlimited sell through provision for products manufactured and labeled with compliant warnings before October 1, 2023.
This new safe harbor warning language follows the inclusion of both cannabis (marijuana) smoke and delta-9 THC on the Proposition 65 list as chemicals known to cause reproductive (developmental) toxicity in January 2020. Cannabis (marijuana) smoke is also listed as a chemical known to cause cancer and has been on the Proposition 65 list since June 2009. In its Final Statement of Reasons document, OEHHA explains the new safe harbor warnings are intended to be applied to “retail products that can expose consumers to cannabis (marijuana) smoke or delta-9-THC via inhalation, ingestion, or dermal application, and for environmental exposures to cannabis smoke and delta-9-THC at businesses where smoking of cannabis or vaping or dabbing of delta-9-THC occurs.”
The language of the new safe harbor warnings is unique from the standard Proposition 65 safe harbor warning language in providing specific details about the potential adverse developmental outcomes from exposure to these chemicals. For example, the new safe harbor language for exposure to delta-9 THC from ingestible products is as follows:
- “Consuming 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.”
The OEHHA Final Statement of Reasons document also indicates that the short-form warning format is not considered by OEHHA to be a sufficient method to provide a compliant warning for these chemicals, as that format lacks the level of specificity needed to convey the risk of adverse developmental effects to consumers.
More information about these new safe harbor warnings can be found on the OEHHA website.
