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Bracing for Increased Cannabis Enforcement Under Prop 65

Bloomberg Law
California’s cannabis-related businesses will face a dual battle in complying with Proposition 65 requiring businesses to warn the public about cancer-causing chemicals present in products they purchase, writes Buchalter’s Anne Marie Ellis. Businesses are going to have to change their labeling and packaging to list marijuana smoke as a reproductive toxicant and cancer causing agent. They also are going to have to grapple with labeling products that contain THC for the first time before enforcement begins in January 2021.

Despite the fact that Covid-19 has dominated the headlines for the past few months, enforcement of Proposition 65 hasn’t slowed down. If past performance is a good indicator of future performance, it is nearly certain that we will continue to see an uptick in Prop 65 notices, particularly those geared toward the cannabis industry.

Proposition 65 requires businesses to warn Californians about cancer-causing chemicals present in products they purchase. Not only are people very focused on what goes into their bodies, but the legalization of marijuana and interest in cannabis has fueled this booming industry. However, noticing parties seem adamant to insure that the companies fueling this demand comply with their regulatory obligations under California and federal law.

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