Washington Clarifies Delta-8 THC Not Legal Under Current Regulations

The Washington State Liquor and Cannabis Board (WSLCB) issued a policy statement this week to clarify that neither Delta-8 THC products nor the conversion of CBD, hemp products, or Delta-9 THC to Delta-8 THC, or any other cannabinoid, are currently allowed under Washington law.

In their statement, the LCB said it is aware of edibles and concentrates in Washington’s cannabis market that contain Delta-8 THC and has confirmed the presence of Delta-8 THC products in markets outside of their jurisdiction. According to the statement, the controlled substances section of the Revised Code of Washington (RCW) indeed regulates “cis – or trans tetrahydrocannabinol” and their optical isomers.

Regulators additionally cited the RCW covering unfair business practices and said, “It is an unfair or deceptive practice … for any person or entity to distribute … or sell to a purchaser any product that contains any amount of any synthetic cannabinoid.”

“For these reasons, delta-8 THC, as well as derivatives, extracts, cannabinoids, isomers, and CBD isolate from hemp or other sources that are genetically or chemically altered into compounds may not be produced or processed in LCB licensed facilities, and may not be sold in licensed marijuana retail stores.” — WSLCB policy statement excerpt

In the statement, the WSLCB raises other concerns about unnatural chemicals produced during Delta-8 THC synthesis, lacking concentration and potency thresholds, and a shortage of labs capable of testing for the cannabinoid. Despite their ban on “genetically or chemically” derived Delta-8, however, regulators said they will allow “cultivated” Delta-8 THC, seeming to carve out an exception for the cannabinoid if produced naturally by the cannabis plant.

Washington joins a growing list of states that have enacted or clarified cannabis industry rules related to the manufacturing and sale of Delta-8 THC products.