Reduce your legal risk in 2021 by making one simple change to your cannabis packaging

California has a long list of requirements for cannabis labels & packaging. One of these requirements is changing very soon. Are your products ready for the newest change to Prop 65?

Effective Jan 3, 2021, California's Proposition 65 has a new warning that impacts cannabis and hemp packaging. Previously, products that included marijuana smoke and other common carcinogens required a Prop 65 warning. Now products with detectable Δ9-THC, must have a Prop 65 reproductive harm warning. This includes both cannabis and hemp-derived products. Companies that don't make this required update are exposed to potential lawsuits. Learn how an easy packaging update can reduce your risk.

What is Prop 65?

The California Safe Drinking Water and Toxic Enforcement Act, AKA Prop 65, requires businesses to disclose exposures to naturally occurring and synthetic chemicals known to cause cancer, congenital disabilities, or other reproductive harm.  

How does this impact cannabis & hemp products?

Any product with any detectable amount of THC will require a Prop 65 warning label. There is no allowable amount (also known as a "safe harbor" amount) of Δ9-THC. This includes hemp-based products with less than 0.3% THC in compliance with the 2018 Farm Bill. If the THC is detectable in the product, you need the warning label.

A company is exempt from Prop 65 is when the company producing the product AND each company involved in the product distribution chain have fewer than 10 employees. If you have 5 employees and your product is sold through a retailer with more than 10 employees, that product needs a prop 65 warning label.

What common carcinogens should cannabis companies be looking for?

We've listed commonly found carcinogens in cannabis products. Please note, this list is a sample of common carcinogens. Your specific product may have other chemicals not listed here, including pesticides or naturally occurring toxins.

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How do I comply with Prop 65?

Complying with Prop 65 is easy. Determine which warning your product needs (Cancer, Reproductive harm, or both) and get the proper warning from the Prop 65 website. Sample warning images are below.

Conclusion

If your product is a cannabis or hemp product and includes any detectable amount of Δ9-THC, you need the Prop 65 warning label for reproductive harm. It's likely needed for other chemicals in your product, but it's for sure needed for THC.  

If you are unsure and would like a compliance review of your packaging, please let us know. 

This article is for educational purposes only and is not legal advice. This article outlines Inkbrite’s internal policies and should not be interpreted as legal guidance. For legal counsel, please contact your attorney. 

If you need beautifully designed, compliant packaging for your cannabis products, please contact solutions@inkbrite.com. Is your existing packaging compliant? Inkbrite can tell you with a compliance review.