New Law Regulates Sale of CBD Products in Washington State

Set to take effect on July 23, 2023, Senate Bill 5367 will create new regulations on the sale of cannabis products in Washington State (1). It addresses cannabis products sold in retailers–including at convenience stores and on the internet–across the state, including products containing hemp-derived Delta-8 tetrahydrocannabinol (THC), (1,4). Under the new law, all products containing any amount of THC are considered “cannabis” and must be sold at licensed dispensaries only (1).

The new regulations have supporters and opposers, and some have noted that questions still remain. “The prevalence of CBD products in Washington retail stores raises a serious question for these retailers about how (and whether?) the WCLCB [Washington State Liquor and Cannabis Board] will enforce the law,” stated Seattle attorney Jack Scrantom (2). “In any case, Washington is showing itself to a be true outlier with SB 5367, by forcing these sales through its state cannabis regulator’s pipeline.”

“They were putting [Delta-8] in edibles, vape cartridges," said Raft Hollingsworth, owner of a cannabis company in Washington (3). "It was indistinguishable from conventionally grown cannabis.”

“You can regulate what’s in the convenience stores and the gas stations, but the internet is very hard,” said Vicki Christophersen, executive director of Washington CannaBusiness Association (3).

In 2012, alongside Colorado, Washington state became one of the first to legalize cannabis for recreational purposes (4).

References

1. HempToday® New law could radically alter Washington CBD market, giving control to marijuana interests https://hemptoday.net/new-law-could-radically-alter-washington-cbd-market-giving-control-to-marijuana-interests/ (accessed Jul 13, 2023).
2. Scrantom, J. Washington upends its CBD industry https://harrisbricken.com/cannalawblog/washington-upends-its-cbd-industry/ (accessed Jul 13, 2023).
3. Radil, A. “social equity” cannabis licenses aim to repair drug law harms to BIPOC communities https://www.kuow.org/stories/social-equity-cannabis-licenses-aim-to-repair-drug-law-harms-to-bipoc-communities (accessed Jul 13, 2023).
4. Washington legalization https://norml.org/laws/washington-legalization/ (accessed Jul 13, 2023).