Can an LCB-licensed marijuana producer/processor grow or process hemp within their LCB-licensed space?
Yes, due to the passage of SB 5276 in 2019, which legalized hemp, LCB-licensed marijuana producer/processors can grow and process hemp, but requirements will need to be met. These include:
- Submitting updated operating/floor plans to LCB's Licensing Division that reflect hemp producing/processing area(s), if hemp is being produced or processed within an LCB-licensed space;
- Ensuring that the individuals producing/processing the hemp within an LCB-licensed space are listed on the LCB marijuana license and/or under the direct control of the marijuana licensee;
- Guaranteeing that the entire marijuana licensed premise remains in compliance with all LCB licensure requirements; and
- Ability to provide a WSDA “fit for commerce certificate” (for hemp production) and LCB license to an enforcement officer upon request.
Note: WSDA no longer licenses hemp processors (effective 1/1/2020).
Can CBD produced by a WSDA-licensed hemp producer/processor be added to food/beverages that are sold outside of LCB-licensed marijuana retailers (such as grocery stores and mini-marts)?
This is currently outside of LCB's scope, and is intended as a reminder regarding WSDA’s August 1, 2019 policy statement, which says, in part:
"A new state law [SB 5276] allows hemp production, consistent with the federal Farm Bill. It authorizes WSDA to regulate the processing of hemp for food products that are allowable under federal law in the same manner as it regulates other food processing. If the FDA approves food ingredient uses for hemp extracts like CBD, those uses would be allowed under state law." Note: State law does allow ingestible CBD in LCB-regulated marijuana products (see the next question).
Can CBD produced by a WSDA-licensed hemp producer/processor be combined with an LCB-regulated marijuana product?
Yes, hemp CBD can be combined with LCB-regulated marijuana products as additives if the relevant provisions of RCW and WAC are followed. RCW 69.50.326 and WAC 314-55-109.
Hemp products that are not CBD could also be used as an intermediate product in a regulated marijuana product (similar to flour, sugar, etc.). Hemp products are required to be tested for THC concentration under WSDA rules and comply with chapter 16-306 WAC. Hemp producers may also voluntarily test hemp products to certify that they have met WSDA’s standard for human consumption per WAC 16-306-100.
Can an LCB-licensed marijana producer/processor obtain CBD from a source outside of LCB's regulated system and sell it to another LCB-licensed processor for use as a marijuana additive?
Yes, RCW 69.50.326 allows an LCB-licensed producer/processor to purchase CBD from outside the LCB's regulated marijuana system, have it tested as required by rule (WAC 314.55.109), and sell it to other LCB-licensed processors for use as additives in marijuana products.
Where does the law stand now with respect to whether LCB-licensed marijuana retailers can sell standalone CBD products?
RCW 69.50.378 permits LCB-licensed marijuana stores to sell CBD products if they meet the statutory definition of “products containing a THC concentration of 0.3 percent or less.” Of course, products that do contain more than 0.3 percent THC are marijuana products that are subject to regulation under chapter 69.50 RCW and chapter 314-55 WAC.
Can an LCB-licensed marijuana retailer sell Cannabis Health and Beauty Aid (CHABA) products?
CHABA products are allowed to be sold in LCB-licensed marijuana stores. RCW 69.50.378 allows LCB-licensed retailers, with or without a medical marijuana endorsement, to sell “products with a THC concentration of 0.3 percent or less.” The products permitted for sale under this statute include CHABA, because RCW 69.50.575 defines CHABA as containing “a THC concentration of not more than 0.3 percent.”