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Administrative/Regulatory

Oct. 16, 2020

THC’s Prop 65 listing may lead to more enforcement in 2021

On Jan. 3, California regulators listed delta-9-tetrahydrocannabinol, more commonly known as THC, as a Proposition 65 chemical known to cause reproductive toxicity. Businesses have until Jan. 3, 2021 to comply.

Willis M. Wagner

Senior Associate
Arnold & Porter Kaye Scholer LLP

Phone: (916) 534-1044

Email: will.wagner@arnoldporter.com

Arizona State Univ COL; Tempe AZ

Will focuses on consumer product defense and regulatory compliance, particularly issues involving California's Proposition 65. He is resident in the firm's San Francisco office.

On Jan. 3, California regulators listed delta-9-tetrahydrocannabinol, more commonly known as THC, as a Proposition 65 chemical known to cause reproductive toxicity. The listing is likely to cause companies that manufacture or sell hemp products containing CBD and other cannabinoids like THC to provide a Prop. 65 warning on products or to reformulate to low or non-detectible levels of THC (if possible), or otherwise risk enforcement by private plaintiffs. Prop. 65 prov...

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