Personal THC consumption was legalized in Washington in 2012, but that legislation did not apply to the commercialization and sale of consumer products containing THC. Following the Agricultural Act of 2018 ("2018 Farm Bill"), which legalized CBD and hemp production nationally by removing hemp and its derivatives (Cannabis sativa-L containing no more than 0.3% THC) from the Controlled Substances Act, Washington chose to legalize the production and sale of certain hemp-derived THC and CBD products.
In June 2019, Senator Doug Ericksen signed Senate bill 5276 into law, which legally separated hemp and marijuana, and legalized the commercialization of certain types of hemp products.
The Washington Governmental Department of Agriculture ("WSDA") is the state body in charge of regulating the cultivation and sale of hemp and CBD in the state.The USDA approved the WSDA’s hemp and CBD plan for Washington in 2020.
Marijuana is legal in Washington for both recreational and medical purposes, due to Initiative 502; however, cultivation and home delivery through dispensaries are strictly restricted. Medical marijuana was initially legalized in 1998, and recreational marijuana was legalized in 2012, with recreational sales beginning in 2014.
Adults are permitted to possess up to an ounce of flower, 16 ounces of edibles, or 7 grams of concentrate for recreational purposes. Medical patients have higher limits depending on qualifying conditions and doctor prescriptions, and both medical patients and registered caregivers can buy from regulated dispensaries.
Medical Marijuana in Washington
The term “medical marijuana” refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Studies show that the marijuana plant contains chemicals that may help treat a range of illnesses or symptoms, and can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.
While some states have already legalized marijuana for medicinal purposes, the issue is still being hotly debated in many others. As of 2019, a total of 41 states in the US have successfully legislated medical marijuana programs, with 19 states adopting recreational cannabis programs, and 23 states decriminalizing cannabis entirely.
Washington has a medical marijuana program. Washington Medical Marijuana Initiative, also known as Initiative 692 on November 3, 1998, removed state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess “valid documentation” from their physician affirming that he or she suffers from a debilitating condition and that the “potential benefits of the medical use of marijuana would likely outweigh the health risks.”
According to Washington state regulations:
- Patients possession limits: Patients entered in the state’s voluntary patient database may possess: 48 ounces of marijuana-infused product in solid form; 3 ounces of usable marijuana; 216 ounces of marijuana-infused product in liquid form; or 21 grams of marijuana concentrates.
- Home cultivation: Those entered in the state’s voluntary patient database may cultivate, in his or her domicile, up to 6 plants for personal medical use and possess up to 8 ounces of usable marijuana produced from his or her plants. If the health care professional determines that the medical needs of a qualifying patient exceed the amounts provided, the health care professional may specify on the authorization that it is recommended that the patient be allowed to grow, in his or her domicile, up to 15 plants, yielding up to 16 ounces, of usable marijuana for the personal medical use of the patient.
- Qualified medical marijuana patients and designated providers may purchase immature plants, clones, or seeds from a licensed producer. In order to purchase plants or clones the patients and providers must hold a recognition card and be entered in the medical marijuana authorization database.
NEW SECTION. Sec. 2.—Legalization of Hemp for Industrial Purposes
The following language in the “hemp law” (Bill 5276) clarifies which types of THC products can be commercialized in Washington State.
(2) "Crop" means hemp grown as an agricultural commodity.
(5) "Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
(6) "Industrial hemp" means all parts and varieties of the genera Cannabis, cultivated or possessed by a grower, whether growing or not, that contain a tetrahydrocannabinol concentration of 0.3 percent or less by dry weight that was grown under the industrial hemp research program as it existed on December 31, 2019.
(9) "Produce" or "production" means the planting, cultivation, growing, or harvesting of hemp including hemp seed.
NEW SECTION. Sec. 7.—Industrial Hemp Notification Requirement
A person producing hemp pursuant to this chapter must notify the department of the source of the hemp seed or clones solely for the purpose of maintaining a record of the sources of seeds and clones being used or having been used for hemp production in this state. Hemp seed is an agricultural seed.
Sec. 12—Distinguishing Marijuana Production from Industrial Hemp
(x) "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include:6
(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination;
In other words, similar to the Farm Bill specifications, Delta 9 THC products can be sold in Washington State if they meet the following criteria:
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- Delta 9 THC in the product is derived from hemp
- The product contains 0.3% or less of THC by dry weight