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Washington Weed Legality: Is Delta 9 THC, Delta 8 THC, and THCA Legal?

John Carter

Written by: John Carter

Updated on April 19, 2024

Washington Weed Legality

Is Delta 9 Legal in Washington?

In Washington State, Delta 9 THC has been legalized for both medical and recreational use. According to Initiative 692 and Initiative 502, adults aged 21 and older, as well as medical marijuana patients, can legally purchase and use Delta 9 THC. This substance is available in various forms, including gummies, tinctures, oils, vapes, and concentrates. These products can be purchased legally from licensed medical and recreational marijuana dispensaries, either at physical stores or from online vendors within the state. However, it is illegal to ship marijuana-derived Delta 9 THC products into Washington from outside the state.

Additionally, hemp-derived Delta 9 THC products are legal in Washington as long as the Delta 9 THC compound has not been chemically synthesized and the product contains less than 0.3% Delta THC. These products can be legally shipped across state lines into Washington. The state allows adults aged 21 and older to possess up to 1 ounce of cannabis purchased from a legal, state-regulated dispensary. However, residents are not allowed to grow their own marijuana, meaning the legal possession laws apply only to purchased cannabis and not home-grown cannabis. Therefore, Delta 9 THC is legal in Washington for both medicinal and recreational use, subject to state regulations and possession limits.

Is Delta 8 Legal in Washington?

Delta 8 THC is not legal in Washington State. The Washington State Liquor and Cannabis Board (WSLCB) issued Policy Statement #PS21-01 on April 18, 2021, which explicitly prohibits the sale, purchase, and production of Delta 8 THC products derived from CBD. This prohibition stems from the fact that Delta 8 THC is typically synthesized from CBD, making it a chemically altered compound. Washington state law does not allow for the production or sale of any cannabis or hemp compounds that have been genetically or chemically altered, including Delta 8 THC.

Despite the federal legalization of hemp and its derivatives under the 2018 Farm Bill, which includes Delta 8 THC, individual states have the authority to enact their own regulations. In Washington, the WSLCB has determined that Delta 8 THC is a Schedule I controlled substance under the Uniform Controlled Substances Act. Consequently, it is illegal to manufacture, distribute, purchase, or sell any Delta 8 THC products in the state. This regulation effectively bans all Delta 8 THC products in Washington, regardless of their source.

Is THCA Legal in Washington?

In Washington State, THCA (tetrahydrocannabinolic acid) is legal due to the broader legalization of cannabis for both medical and recreational use. Adults aged 21 and older can legally purchase and possess cannabis products, including those containing THCA, from licensed dispensaries. THCA, found in raw cannabis, is a non-psychoactive precursor to THC, which becomes psychoactive upon heating (decarboxylation). Therefore, THCA in its raw form is commonly present in various cannabis products sold legally in Washington’s regulated market.

Additionally, the 2018 Farm Bill legalized hemp and its derivatives nationwide, provided they contain less than 0.3% Delta-9 THC. This means that hemp-derived THCA is also legal in Washington as long as it complies with this THC content limit. Consequently, THCA, whether derived from cannabis or hemp, is legal in Washington, adhering to the state’s comprehensive cannabis regulations that ensure product safety and legal compliance.

Legal Disclaimer

The content provided on this website is for general informational purposes only and is not intended to serve as legal advice or as a definitive statement of the law. While we strive to maintain accurate and up-to-date information, the legal status of the topics discussed can vary by state and may change over time. Consequently, the information provided here may not reflect the most current legal developments. We do not encourage or discourage the purchase of any products based on the information presented. Before making any decisions related to legal matters, we strongly advise consulting with a qualified attorney in your jurisdiction to obtain advice tailored to your specific circumstances.

John Carter
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