Top 5 Things You Need to Know about California’s Prop 65

By Henry Baskerville

As of Jan. 3, 2021, the labeling requirements of California’s Proposition 65 will apply more broadly to cannabis and CBD products. This is because California’s Office of Environmental Health Hazard Assessment (OEHHA) has added THC to its list of approximately 1,000 chemicals that may cause reproductive harm.

As a result, Proposition 65 warnings will now be required for all products sold in California that contain any detectable amount of THC. This covers a wide range of cannabis or hemp-derived CBD products, and importantly includes those that are not smoked such as edibles, vape cartridges and topicals.

In this article, Fortis partner Henry Baskerville takes a closer look at this statute, who it impacts and how cannabis businesses and manufacturers should prepare in order to mitigate risk and avoid getting drawn into costly litigation.