Prop 65
Proposition 65 List – Updated

Foggy California bay at sunset

What a Difference A Day Makes

Recently at a ballroom dance lesson, I heard the song “What a Difference a Day Makes”. A young couple is using it as their wedding song. They were learning a dance using it for the reception. Listen here to the 1959 version by Dinah Washington. Not only did the melody and words stay with me, but so did the title. Keeping in mind how things can change in a day I wanted to follow up on my blog “Extra! Extra! Read all About it: California Proposition 65 List Updated” from April 2016. A bit more than a day later but you get the point.

It turns out the Safe Drinking Water and Toxic Enforcement Act of 1986 or as it is more commonly known Prop 65 was updated seven times since my blog in April. The list has to be revised and republished at least once per year. California’s Office of Environmental Health Hazard Assessment (OEHHA) is the agency responsible for Prop 65 implementation. They consider adding chemicals to the list when some other “authoritative body” makes a determination regarding a substances ability to cause cancer, birth defects or other reproductive harm. Shown below are all of the new substances that were added by month. They are listed by name, type of toxicity and Chemical Abstracts Service Registry Number (CAS).

Proposition 65 – New Substances

May 2016

Marijuana Smoke added to California Prop 65 List

Effective June 19, 2009, the state of California has added marijuana smoke to its Prop 65 list of chemicals that are known to cause cancer or reproductive harm. Marijuana smoke was considered by the Carcinogen Identification Committee (CIC) of the OEHHA Science Advisory Board at a public meeting. The CIC determined that marijuana smoke was clearly shown, through scientifically valid testing according to generally accepted principles, to cause cancer. Consequently, marijuana smoke is being added to the Proposition 65 list, pursuant to Title 27, California Code of Regulations, section 25305(a)(1) (formerly Title 22, California Code of Regulations, section 12305(a)(1)). Official proposition: http://www.oehha.org/prop65/prop65_list/Newlist.html

This poses interesting questions on the logistics involved in the Prop 65 disclosure requirements. Are marijuana smokers going to have to put warnings on their cigarettes to warn anyone who may come in the vicinity of the smoke? What about people who use marijuana prescribed for medicinal purposes in their homes? Will they need a sign on their door warning anyone who may come in? Are these new changes going to affect California’s other laws that currently legalize marijuana smoking for medical reasons?