Google+
Language
Search

Prop65News

Covering Proposition 65 News and Events Since 1987




Avalanche of Medical Marijuana Notices May be Partially Invalid

Avalanche of Medical Marijuana Notices May be Partially Invalid

Author: Jack Schatz/Monday, July 10, 2017/Categories: California Legislation, Prop65, Litigation

Rate this article:
No rating

One of the strangest trends in Proposition 65 enforcement this year turns out to not be a trend at all, instead it is the work of a single new citizen enforcer who served a total of 675 60-day notices of violation in early May, on medical marijuana dispensaries throughout the State of California.

Michael Murphy, who in most of the notices is identified as a manager of Clean Cannabis Initiative, LLC, has alleged that certain medical marijuana products may contain one or more of three Proposition 65 listed chemicals at levels that trigger violations of the statute.

Murphy alleges that both edible products and those meant to be smoked may contain Myclobutanil, carbaryl, and Malathion in levels that may violate Proposition 65.

Myclobutanil is a reproductive toxicant, added to the list of chemicals known to cause reproductive and/or developmental harm in 1999. Carbaryl, which was listed as a carcinogen in 2010 is a more recent addition to the Proposition 65 list.  Malathion is the most recent addition to the list having been listed as a carcinogen last year on May 20, 2016.  Because Murphy’s notices were served between May 5 and May 12 of this year, the notices alleging exposure to malathion would be void, as the warning requirement for violations pertaining to malathion took effect on May 20, 2017.  

 

Another plaintiff group, The Center for Advanced Public Awareness (CAPA), has issued a total of 45 notices of violation to medical cannabis dispensaries so far this year, however, the CAPA notices allege exposures to marijuana smoke only. Marijuana smoke was added to the Proposition 65 list as a carcinogen in 2009.

Murphy’s notices come at a pivotal time for dispensaries as state agencies are in the process of developing regulations that would implement the California Medical Cannabis Regulation and Safety Act (MCRSA).  Draft regulations would include rules that would set safe residual levels of pesticides in both edible and dried cannabis products.


Print

Number of views (997)/Comments (0)

Jack Schatz

Jack Schatz

Other posts by Jack Schatz
Contact author

Please login or register to post comments.

Name:
Email:
Subject:
Message:
x

Filter:

Sort by:

Filter by Authors


Implementing Regulations
Prop 65 Made Simple

FAQs

Prop 65 Appellate Opinions
Statute

Proposition 65 Law Firms and Experts


            List Your Company Now!

MoFo-Logo636136432680764777


Prop 65 Chemicals
Proposition 65 Chemical List 
Safe Harbor Levels
Chemicals Under Consideration

 

Proposition 65 Handbook 2013 Edition
The Proposition 65 Handbook - 2017 Edition is available for immediate shipment.
To learn more about the latest edition of this indispensable desk reference    
click here.



Terms Of UsePrivacy StatementCopyright 1987 - 2017 Cornerstone Publishing, LLC