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News And Legislation

Is Delta-8 THC Legal in Washington State? Delta 8 Legality 2023

Hemp-based cannabis products manufactured in laboratories have been rising in popularity, although they are illegal in Washington state. According to the NIH (National Institute of Health), researchers have extracted and synthesized over 144 distinct cannabinoids from cannabis plants. CBD ( Cannabidiol) and THC (delta-9-tetrahydrocannabinol) are the two most successful cannabinoids in the medical and recreational cannabis industries. Recently, a different member of the cannabis family has been making waves in the headlines, and that’s Delta-8 THC. Unfortunately, though this cannabinoid is federally legal, it’s not legal in Washington after the 2021 dramatic policy shift. 


Is Delta-8 THC Legal In Washington (State)?

No, delta-8 THC is not legal in Washington.

After the 2018 Farm Bill, many states of the United States passed laws authorizing hemp and compounds obtained from hemp. Joining the growing list of states in April 2019, Washington also passed Senate Bill-5276. 


But, one question spread nationally is if the federal law regarding drugs applies to hemp-derived compounds. Though it’s preliminary content for a more extensive debate, WSLCB (Washington State Liquor and Cannabis Board) published the Policy Statement- PS21-01 in April 2021. 


According to this act, Washington restricts the manufacture, distribution, sale, and purchase of Delta-8 by-products made from chemically synthesized CBD. Under the state’s Uniform Controlled Substance Act, RCW-69.50.204, chemically arranged Delta-8 is considered a Schedule I substance. 


As a result, here in Washington, any product made of Delta-8 that is converted chemically from isolate-CBD is not allowed.  Most delta-8 products are from CBD, which effectively makes all delta-8 products in Washington illegal. People won’t be able to legally purchase, sell, manufacture, or distribute Delta-8 THC commodities within the state.

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Is It Possible To Travel Beyond The State Boundaries Of Washington With Delta-8?


As there are restrictions on the manufacture, distribution, sale, and purchase of hemp-obtained Delta-8 in Washington, it’s illegal to cross the borderlines of the state while carrying any Delta-8 items with you. 


Just as you can’t bring any delta-8 from Marijuana into Washington since Marijuana and any product containing it are classified as a restricted drug per federal law. It would still be against federal law to transport marijuana-generated Delta-8, even though both states allow the use of Marijuana for recreational or medicinal purposes. 


However, you might now be wondering if there’s any possibility of approaching positive changes in the Delta-8 legality. Sadly, legislation making delta-8 legal in Washington state doesn’t seem to be in the works anytime soon.

Got questions? Let us know in the comments below!

Want to learn more about delta-8 THC? Check out this blog comparing cannabis compounds.

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