California’s Prop. 65 – what the cannabis industry should know

July 20, 2022Article
Daily Journal

Environmental partner, Sedina Banks, authored an article published by the Daily Journal discussing how California’s Prop. 65 impacts the cannabis industry.  Banks suggests cannabis businesses should prioritize staying up to date with the Prop 65 warning requirements to avoid costly enforcement actions.


"Your cannabis client calls. They have just received a 60-day Notice of Violation stating an intent to sue pursuant to California’s Proposition 65 (Prop. 65) for failing to provide adequate Prop. 65 warnings on the cannabis products they sell. Steep penalties of $2,500 per day for each violation can be imposed against your client for each non-compliant cannabis product sold in the past year. A court may also order your client to stop committing the violation. Because your client has sold a substantial number of cannabis products, the maximum potential penalty is significant. To avoid having these types of enforcement actions brought against your client, it is important to be aware of the Prop. 65 warning requirements specific to the cannabis industry."