Hemp-Derived and Synthetic THC Products – Legal?

In 2023, Washington's State Legislature passed a law that only licensed cannabis retailers may sell products with detectable levels of THC to consumers. It is illegal for unlicensed stores to sell products with any detectable levels of THC, including hemp-derived and synthetic THC, like delta-8 THC. The sale of K2, Spice, and bath salts is also prohibited.

Products with hemp-derived and synthetic THC had been showing up in convenience stores, smoke shops, and other locations, advertised as containing delta-8 THC, delta-10 THC, THCO, etc. There were no regulations for manufacturing, testing, or labeling the products, and many were sold in packaging that mimic child-friendly products.

Concerns about public health as well as the potential effects on the regulated market led to the passage of Senate Bill 5367.

Regardless of this bill in Washington state, many of these products are still being sold online and come from other states. They are still considered illegal.

Cannabis Health and Beauty Aid (CHABA) products and products approved by the FDA (hemp seed, hemp seed oil, etc.) are exempt from the license mandate. (RCW 69.50.575).

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