by Anne Marie Ellis, Esq. 

“There seems to be no end in sight to ongoing consumer regulations in California. Early this year, California’s Office of Environmental Health and Hazard Assessment (“OEHHA”) significantly changed the Prop. 65 warnings relating to marijuana smoke and THC. The regulators’ actions will be followed closely by the bounty hunters- which are purported environmental groups that aggressively go after businesses to enforce Prop. 65 while lining their pockets (and their attorneys’ pockets) with fees and penalties. Because of the legalization of marijuana and rise in popularity of CBD products, this is going to be a hot area of enforcement next year. The reason I suspect there will be heightened enforcement of marijuana smoke and THC is for the following reasons: (1) there is an increased societal push to understand what people are consuming/using on their bodies, (2) given the potentially controversial nature of marijuana and CBD, regulators are going to want to take a stand with this industry and make sure it is properly regulated- especially in consumer friendly California, and (3) there is no current “safe harbor limit” established by OEHHA for THC.”

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