As we reported earlier, the California Office of Environmental Health Hazard Assessment (OEHHA) seeks to amend the regulations under the Safe Drinking Water and Toxic Enforcement Act of 1986 (aka “Proposition 65”) by adopting tailored safe harbor warnings for cannabis (marijuana) smoke and delta-9-tetrahydrocannabinol (delta-9-THC) exposures. OEHHA has now scheduled a virtual public hearing on May 10, 2021 at 1:00 p.m. Accordingly, the public comment period for this proposed action has been extended; written comment submissions must be received by May 24, 2021.
Relevant for stakeholders, per a recent review of Proposition 65 Notices of Violations (“NOVs”) for the first quarter of 2021, Marijuana Smoke and THC have only been noticed twice. However, the amount of NOVs for Marijuana Smoke and THC is likely to rise once the new warnings are implemented.