Is Delta-8 THC Legal in Washington?

By | last updated December 8, 2021

Evidence Based 4

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Delta 8 appears to be illegal in Washington. The state’s Liquor and Cannabis Board prohibits marijuana license holders from making or selling delta-8 THC products.

But it’s not clear if this ruling applies to online delta 8 vendors that ship to Washington. Keep reading for a detailed explanation of delta 8 legality in the Evergreen State.


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Washington Delta-8 THC Laws

Washington was one of the first states to legalize recreational cannabis, so you might expect it to have friendly laws for delta 8 THC. But that’s not the case.

Washington’s Liquor and Cannabis Board, which regulates the adult-use cannabis market, released a statement in April 2021, which argued that delta 8 products cannot be produced in licensed facilities or sold in licensed cannabis stores.

It followed up with a more concrete statement on September 2021:

…delta-8 THC and synthetic equivalents are Schedule 1 controlled substances. Under current law, marijuana license holders are not allowed to produce or process delta-8 THC. Likewise, marijuana licensees may not buy or sell hemp-derived delta-8 THC. Engaging in this activity is a violation of the Uniform Controlled Substances Act…

Processors are not allowed to convert CBD or hemp into delta-8 THC.

Processors are not allowed to buy or sell delta-8 THC products not legally produced.

Retailers should not knowingly purchase products from processors which contain delta-8 THC converted from CBD. Nor should retailers sell such products to consumers.

Washington Liquor and Cannabis Board

In other words, people with a marijuana license who either process or sell cannabis products aren’t allowed to make or sell delta-8 THC products, effectively making delta 8 illegal in Washington.

But the statement doesn’t say anything about online delta 8 vendors that ship products to Washington. Since they’re not licensed in the state and don’t sell their products in licensed stores, they might still be allowed to sell and ship products to the state.

What is Delta-8 THC?

Delta-8-tetrahydrocannabinol (delta-8-THC) is a type of THC, the intoxicating component of cannabis. Most people are only familiar with delta-9, the most common form of THC.

Delta 8 is not as potent as delta 9, although it can still get you high and cause sleepiness, euphoria, and other effects (1). Because cannabis plants naturally produce very little delta 8, it’s usually derived from hemp through a chemical process.

Why Delta-8 THC is Federally Legal

Delta 8 is nationally legal thanks to a loophole in the 2018 Farm Bill. The bill legalized hemp products, provided that they contain no more than 0.3% delta-9 THC.

The lawmakers didn’t expect that the hemp industry would figure out a way to make delta-8 THC out of hemp. But you can turn hemp-derived CBD into delta-8 THC through a chemical reaction. As long as this delta 8 meets the 0.3% delta 9 limit, it’s considered federally legal.

Other States Where Delta-8 THC is Illegal

Every state has the power to create its own laws and regulations for delta-8 THC.

Delta-8 THC is currently illegal in 14 states: Alaska, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in Washington

It’s not clear if delta 8 is completely illegal in Washington. As far as we understand, it’s only illegal for marijuana licensees to make and sell delta 8 products.

Meanwhile, unlicensed online delta 8 vendors don’t seem to be affected by these regulations, which means they might be able to sell and ship delta 8 THC products to the state. 

We’re hoping to get more clarification from the state in the near future.

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