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Adoption of Regulations: Warnings for Cannabis (Marijuana) Smoke and Delta-9-Tetrahydrocannabinol (Delta-9-THC) Exposure

On August 4, 2022, the Office of Administrative Law approved amendments to Title 27, California Code of Regulations by adopting Sections 25697.38 through 24607.47 into Title 27 of the California Code of Regulations. The new sections address exposures to listed cannabis (marijuana) smoke and Delta-9-THC. The new regulations provide non-mandatory, specific safe harbor exposure warning methods of transmission and content for retail products that can expose consumers to cannabis (marijuana) smoke or delta-9-THC via inhalation, ingestion, or dermal application, and for environmental exposures to cannabis smoke and delta-9-THC at businesses where smoking of cannabis or vaping or dabbing of delta-9-THC occurs. The regulation will be effective on October 1, 2022, and includes a one-year phase-in period and an unlimited sell-through provision for products manufactured and labeled with compliant warnings before October 1, 2023.

The regulatory text and the supporting rulemaking documents are available at the following links:

Final Approval/OAL Action

Final Regulatory Text

Final Statement of Reasons

Second Modifications to Proposed Text

Notice of 2nd Modifications to Proposed Text

Second Modified Regulation Text

Public Comments

First Modifications to Proposed Text

Notice of Modifications to Proposed Text

First Modified Regulation Text

Public Comments

Public Hearing and Extension of Comment Period

Notice of Public Hearing and Extension of Comment Period

Proposed Rulemaking

Notice of Proposed Rulemaking

Initial Statement of Reasons

Proposed Regulatory Text

Public Comments

Questions regarding this regulatory action can be directed to Monet Vela at monet.vela@oehha.ca.gov or (916) 323-2517.

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