Proposition 65 California patients and dispensaries are affected by inappropriate Proposition 65 complaints

CA logoCalifornia's Safe Drinking Water and Toxic Enforcement Act (Proposition 65) requires that the state maintain a list of substances  known to cause cancer or birth defects.  The Office of Environmental Health Hazard Assessment (OEHHA) added cannabis smoke to that list in 2009. ASA holds that the inclusion of cannabis smoke is inappropriate and should be reevaluated.

Businesses in California are required to post warning signs if a customer might be exposed to a substance on the Proposition 65 list. This requirement is intended to protect consumers from being exposed to a harmful substance without their knowledge. Unfortunately, lawyers sometimes use Proposition 65 indiscriminately to demand big settlements from businesses.

Hundreds of medical cannabis dispensaries have been targeted by a handful of attorneys seeking large settlements under Proposition 65. These complaints and lawsuits do nothing to protect legal patients who rely on dispensaries for safe access to their medicine. However, these unreasonable financial demands can drive up costs for patients or even force dispensaries to close. 

ASA is talking with lawyers, policy makers, and other experts about the process for having cannabis smoke removed from the Proposition 65 list and about how to protect medical cannabis businesses and organizations targeted by inappropriate complaints and lawsuits.

Your membership helps support efforts like these. Be sure to keep an eye on the ASA email announcement list for news about Proposition 65 and more. 

Medical cannabis businesses and organizations should contact an experienced attorney if they receive a notice alleging a violation of Proposition 65 or want to evaluate their compliance. 

You can contact ASA at or (202) 857-4272.