California passes legislation to ensure proper disposal of cannabis vaping devices

California Gov. Gavin Newsom has signed into law A.B. 1894, which would prohibit the marketing of cannabis vaping devices as disposable or imply they may be thrown in the trash.

“We can no longer ignore the harmful impacts that electronics and batteries in cannabis vapes [have] on our environment and [the] waste industry,” says Assemblywoman Luz Rivas, a sponsor of the bill. “A.B. 1894 takes an important step forward in prohibiting the advertisement and marketing of cannabis vaporizers devices that are ‘disposable’ or may be thrown in the trash or recycled.”

According to the National Stewardship Action Council (NSAC), an avid supporter of the bill, fires in the materials management system have increased dramatically in recent years and lithium-ion batteries like those used in vape devices “are a leading cause.”

While battery-powered vaping devices have become an increasingly popular method of consuming cannabis, they are considered hazardous waste in California and are banned from disposal in waste or recycling. Some brands instruct consumers to throw them away, which results in vapes being improperly disposed of in the waste stream and where they have the potential to cause more fires that can endanger people, machinery and the environment.

In addition to A.B. 1894, the legislature further addressed this issue with the passage of S.B. 1215, which expands California’s existing e-waste program to include battery-embedded products and includes cannabis vapes. Governor Newsom also signed into law A.B. 2440, which requires the producers of batteries to fund and operate a take-back program for their products. However, proper marketing and advertising are still a critical first step in addressing this issue, NSAC says.

AB 1894 received unanimous votes on both the Senate and Assembly floors and was signed by Gov. Newsom Sept. 18 along with nine other cannabis-related bills. A.B. 1894 resulted from collaboration with numerous stakeholders, including the cannabis industry which advocated for the bill’s passage.

“A.B. 1894 recognizes the importance of these cannabis products to patients and consumers while also providing valuable information to ensure they are disposed [of] properly and safely," says Amy O'Gorman Jenkins, legislative advocate for the California Cannabis Industry Association. “We appreciate the author and sponsors for proactively working with the California Cannabis Industry Association to advance sensible provisions that will improve environmental sustainability and responsible cannabis use–two foundational values of the legal cannabis industry.”