AHPA Issues Revised CA Prop 65 Guidance For Hemp, Cannabis Products
The American Herbal Products Association (AHPA) has updated free guidance on California Proposition 65 for hemp and cannabis products to address changes made in January 2020 that will become effective on Jan. 3, 2021.
In January 2020, cannabis (marijuana) smoke and Δ9-tetrahydrocannabinol (Δ9 THC) were both added to the Proposition 65 list as chemicals known to cause reproductive toxicity. While Δ9 THC is present at only trace levels in hemp products, companies marketing hemp products in California should evaluate whether a warning is needed for these products.
Also of concern, are other chemicals on the Proposition 65 list that may be used in the cultivation and processing of hemp and marijuana, such as the pesticides myclobutanil and carbaryl, for which some cannabis businesses have received Proposition 65 notices.
Cannabis and hemp product marketers have until Jan. 3, 2021 (one year grace period) to provide warnings for their products, if required.
The guidance documents have been updated to address:
- The addition of tetrahydrocannabinol (THC) and cannabis (marijuana) smoke to the list of Prop 65 chemicals as reproductive toxins on January 3, 2020 (Marijuana smoke was already on the Prop 65 list as a carcinogen, and is now also listed as a reproductive toxin)
- A safe harbor has not been determined for THC, so any detectable amount of THC in a hemp product may require a warning to be provided
- The THC listing does not specify routes of exposure, so warnings may be needed for products taken orally, applied topically, or inhaled
- The potential application of the “naturally occurring” provision to hemp products
For guidance documents, visit www.ahpa.org.