AHPA updates Prop 65 guidance for hemp and cannabis

June 29, 2020

The revised guidance reflects the addition, in January 2020, of cannabis smoke and delta-9 tetrahydrocannabinol (THC) to the Prop 65 list of chemicals known to cause reproductive toxicity.

The American Herbal Products Association (AHPA; Silver Springs, MD) has updated its free California Prop 65 guidance for hemp and cannabis. The revised guidance reflects the addition, in January 2020, of cannabis smoke and delta-9 tetrahydrocannabinol (THC) to the Prop 65 list of chemicals known to cause reproductive toxicity.

Marketers have until January 3, 2021 to comply. Because there is no maximum daily allowance level set by the California Office of Environmental Health Hazard Assessment (OEHHA), it is possible that marketers selling hemp products with any detectable amount of THC may need to provide a compliant Prop 65 warning. Other chemicals found in hemp that may require a Prop 65 warning are heavy metals such as lead, pesticides such as myclobutanil and carbaryl, for which some cannabis businesses have received Proposition 65 notices, and terpene β-myrcene, a constituent of hemp plants.

According to the guidance, while companies with fewer than ten employees are exempt from the requirements, California’s attorney general and private enforcers have taken the position that liability applies to any company with ten or more employees in the stream of commerce. Therefore, while a manufacturer with less than ten employees may not be liable, a distributor or retailer with more than ten employees may be.

Read the revised guidance here.