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)?
Hemp-derived CBD is not currently allowed as a food ingredient under federal and state law. For more information click here, or contact the WSDA Hemp Program at firstname.lastname@example.org or (360) 584.3711. Note: State law (RCW 69.50.326) does allow hemp-derived CBD in LCB-regulated marijuana solid/liquid edible products, conditional on meeting the requirements of WAC 314-55-109.
Can CBD produced by a WSDA-licensed hemp producer/processor be combined with an LCB-regulated marijuana product?
Yes. Under RCW 69.50.326 and WAC 314-55-109, CBD that passes required testing and is verified to be less than 0.3% THC may be added to marijuana products. Please see LCB’s Interpretative Statement on this issue.
Can a LCB-licensed marijuana 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, and sell it to other LCB-licensed processors for use as additives in marijuana products. The CBD must have been tested as required by rule (WAC 314.55.109) prior to being added to marijuana products.
Can LCB-licensed marijuana retailers sell stand-alone hemp-derived CBD products?
Yes, but only if the product meets the definition of a Cannabis Health and Beauty Aid (CHABA) product under RCW 69.50.575 listed below:
Cannabis health and beauty aids.
- Cannabis health and beauty aids are not subject to the regulations and penalties of this chapter that apply to marijuana, marijuana concentrates, or marijuana-infused products.
For purposes of this section, "cannabis health and beauty aid" means a product containing parts of the cannabis plant and which:
- Is intended for use only as a topical application to provide therapeutic benefit or to enhance appearance;
- Contains a THC concentration of not more than 0.3 percent;
- Does not cross the blood-brain barrier; and
Is not intended for ingestion by humans or animals.
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.”