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Is CBD Legal in Washington? CBD Laws 2022

Is CBD Legal in Washington? CBD Laws 2022

Washington is filled with lush, rain-chilled beaches, towering azure mountains, and a bounty of legal CBD.

Consumers cannot purchase CBD- or hemp-infused drinks or beverages.

In 2018, Washington State determined that CBD that passes required testing and contains less than 0.3% THC can be added to cannabis products under RCW 69.50.326 and WAC 314-55-109. However, hemp-derived CBD cannot be used in food or beverages sold in retail stores.

CBD Laws in Washington: What You Need to Know

CBD oil is legal and available for purchase across Washington State, per two WA state CBD laws that were set into motion in 2018: RCW 69.50.326 and WAC 314-55-109.

RCW 69.50.326 was initially introduced in 2018 but was revised in 2022 to replace all mentions of “marijuana” with “cannabis.” It stipulates the following:

  • Edible products – Although CBD is not considered a food ingredient in Washington, RCW 69.50.326 allows Liquor and Cannabis Board (LCB)-regulated cannabis edible products to contain hemp-derived CBD. CBD laws in Washington State specify that licensed cannabis producers and processors may use a CBD additive to enhance the cannabidiol concentration of any cannabis product that’s already authorized for production, processing, and sale.
  • Testing regulations – The CBD product must contain less than 0.3% THC and be tested for toxins and contaminants by an accredited third-party laboratory to ensure its safety and purity. 
  • CBD use – The law also allows licensed cannabis producers and processors in Washington to purchase CBD outside of Washington’s Liquor and Cannabis Board’s regulated cannabis system and sell it to other licensed producers and processors. Additionally, cannabis health products and beauty aids are not regulated or subject to penalties under Washington law. This pertains to all products that are intended for topical application, to provide therapeutic benefits, or to improve one’s appearance. 

WAC 314-55-109 speaks to the requirements, testing, and restrictions that pertain to cannabinoid additives:

  • Sample size – All sample sizes must contain at least one percent of the product as packaged by the manufacturer and cannot be less than two grams. 
  • THC concentration – Similar to RCW, WAC states that licensed cannabis producers and processors can use a CBD product as an additive as long as it contains less than 0.3% THC and is tested for toxins and contaminants. 
  • Traceability – If a CBD product is obtained from outside of the chapter, the license must enter the product into the state’s traceability system in a way that’s up to date and consistent with state requirements for recordkeeping and traceability per WAC 314-55-083. Until the product has passed through quality assurance testing, it must be quarantined from other cannabis products and put under video surveillance per WAC 314-55-083(3).
  • Testing – All CBD products must be tested for quality, potency, and purity before licensed processors and producers can add it to a cannabis product. CBD samples that fail testing must be disposed of per WAC 314-55-097 requirements.
  • Potency – Potency testing assesses samples for THC, THC-A, CBD, and CBD-A levels and ensures there is no more than 0.3% THC present.
  • Pesticide and heavy metal screenings – Third-party labs must screen for pesticides and heavy metals before CBD can be added to a cannabis product.

Is CBD Legal in Washington?

Following the Agricultural Act of 2018, also known as the Farm Bill 2018, Washington legalized the production and sale of hemp and CBD products. The Farm Bill removed hemp and cannabis Sativa that contains no more than 0.3% THC from the Controlled Substances Act.

The plan for the processing, production, and sale of Washington CBD and hemp, as set by the Washington State Department of Agriculture (WSDA), was approved by the United States Department of Agriculture (USDA) in 2020. 

Compared to other states that legalized CBD and hemp products following the Farm Bill, Washington’s compliance guidelines are particularly strict for cannabis processors and producers. However, there are very few restrictions pertaining to CBD consumers and CBD availability in Washington.

Can I Buy CBD in Washington?

CBD oil that passes required testing is available for purchase in cannabis products across the state of Washington. It must be sold by licensed cannabis retailers both online and in person.

However, consumers cannot purchase CBD- or hemp-infused drinks or beverages. As such, Washingtonians will not find CBD in coffee shops, grocery stores, or restaurants. 

Can I Buy CBD Online?

Those in Washington can conveniently buy CBD products through reputable online retailers — simply find the product that meets your needs, add it to your cart, and have it delivered directly to your door. 

In most cases, online CBD retailers require purchasers to be at least 18 years old. 

Most online suppliers like Zebra CBD will provide a Label Accuracy Guarantee to show buyers that the product has undergone third-party testing and contains a safe and accurate potency of cannabinoids. Consumers can also verify that the product is free of pesticides and heavy metals. 

Can I Buy CBD at a Dispensary?

People that live in Washington can purchase CBD at any licensed cannabis retailer, including dispensaries. As one of the fastest-growing CBD markets in the country, Washington has many licensed retailers that sell CBD oil. 

Legal Status of CBD in Washington

CBD is legal in Washington, and there are no legal age restrictions when purchasing hemp-derived CBD oil. That said, some licensed retailers may require purchasers to be at least 18 years or older, but it will vary depending on the supplier.

That said, CBD laws in Washington State are likely to change as federal and state regulations develop. 

Legal Disclaimer

The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.

FAQ

1. Is CBD legal in Washington?

Yes, CBD products are legal in Washington when sold by licensed cannabis retailers.

2. How old do you have to be to buy CBD in Washington?

There are no legal age restrictions when purchasing CBD in Washington.

3. Can I sell CBD products in Washington?

LCB-licensed cannabis producers and processors can sell CBD products that have undergone state-required testing and screening for cannabinoid potency and toxin levels.

Source: 

Washington State Legislature. WAC 314-55-109. https://apps.leg.wa.gov/wac/default.aspx?cite=314-55-109

Washington State Legislature. WAX 314-55-097. https://app.leg.wa.gov/WAC/default.aspx?cite=314-55-097

Washington State Legislature. RCW 69.50.326. https://app.leg.wa.gov/rcw/default.aspx?cite=69.50.326

Washington State Liquor and Cannabis Board. Hemp/CBD FAQ’s. https://lcb.wa.gov/hemp/hemp-cbd-faqs