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Let’s Talk Delta-8 State Legality: Washington

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Let’s Talk Delta-8 State Legality: Washington

Washington is a state that has been relaxed on cannabis laws similar to their neighbors over in Oregon. However, Washington has seen the delta-8 THC industry as more of a threat. Washington was one of the first states to legalize medical marijuana with Initiative 692 (I-692) in 1998. 20 years later in 2012, the state legalized recreational marijuana. The passing of Initiative 502 (I-502) regulated the sale and taxation of recreational marijuana in the state of Washington. But the state didn’t feel the same as its neighbors when it comes to delta-8. Unfortunately, the state has made delta-8 THC illegal. The state left it on the list of controlled substances list, noting that there is no formal regulation within the CBD Industry. Delta-8 is illegal in the state of Washington.

SENATE BILL 5276

Sec. 2. RCW15.120.010

“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.

Sec. 5. RCW69.50.101

(d) “CBD product” means any product containing or consisting of cannabidiol.

(f) “Controlled substance” means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp as defined in RCW 15.120.010.

(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:

(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; or

(2) Hemp as defined in RCW 15.120.010.

(tt) “THC concentration” means percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.