California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, mandates that businesses provide clear warnings to Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm. 

Applicability to Cannabis Products

Cannabis products, including those offered by MY HIGH LEAF—such as Vapes/Disposables, THC-A, Gummies, Pre-Rolls, Cartridges, and Flowers—are subject to Proposition 65 regulations. This is because cannabis smoke and delta-9-tetrahydrocannabinol (delta-9-THC) have been identified by California as chemicals known to cause cancer and reproductive harm. 

Warning Requirements

As of October 1, 2023, specific warning language is required for products manufactured and labeled on or after that date to maintain “safe harbor” protection under Proposition 65. The warnings vary based on the product type and method of exposure:

• Smoked Products (e.g., Pre-Rolls, Flowers):

  WARNING: Smoking cannabis increases your cancer risk and during pregnancy exposes your child to delta-9-THC and other chemicals that can affect your child’s birthweight, behavior, and learning ability. For more information go to www.P65Warnings.ca.gov/cannabis.Proposition 65 Warnings Website+2KVK Lawyers+2Vicente LLP+2

• Ingested Products (e.g., Gummies):

  WARNING: 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.Vicente LLP+1KVK Lawyers+1

• Vaped or Dabbed Products (e.g., Vapes/Disposables, Cartridges):

  WARNING: Vaping or dabbing 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.KVK Lawyers+1Vicente LLP+1

These warnings must be prominently displayed on product packaging to inform consumers of potential risks. Vicente LLP

Compliance for Businesses

Businesses selling cannabis products in California must ensure that their products carry the appropriate Proposition 65 warnings. Failure to comply can result in legal penalties. It’s important for businesses to stay updated on Proposition 65 regulations and consult legal experts to ensure compliance.