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Regulation of THC and Delta 8 in Washington State

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Regulation of THC and Delta 8 in Washington State

The Washington State Liquor and Cannabis Board (LCB) recently issued a policy statement. The statement allows delta 8 THC derived from licensed cannabis, but not from unlicensed hemp.

So, lab-created cannabis products made from hemp illegal in Washington according to the statement issued by the state’s regulatory body

The initial response from the Liquor and Cannabis Board is merely advisory. It will most notably be a precursor to a larger discussion about if federal drug law applies to compounds derived from hemp.

Marijuana products produced and processed in the licensed marijuana system can include delta 8 cultivated in licensed LCB facilities derived from marijuana.

But delta 8 created by a process of genetic or chemical alteration of licensed marijuana cannot be in marijuana products.

The Washington Liquor and Cannabis Board said that while the policy statement is “advisory only”. They will work with sellers and producers through a formal rulemaking process that will kick off in mid-May.

One group representing marijuana businesses spoke out asking that the board avoid such sweeping action. They argue that delta 8 products are popular among medical patients and the market should not be completely closed off.

Moving Forward in Washington

The statute prohibits products containing any amount of synthetically derived delta 8 or 9 THC. It prohibits the distribution, dispensing, manufacture, display, or sale of the products previously discussed.

The health implications related to marijuana products with added compounds other than delta 9 THC and CBD are “unknown and could be harmful,” according to the policy statement. Because of this the following list may not be processed in LCB licensed facilities; delta 8 THC, derivatives, extracts, and CBD isolate from hemp that are genetically or chemically altered into compounds. Additionally, they may not be sold in licensed marijuana retail stores.

The LCB wants to open discussion around the issue of delta 8. They intend to approach the issue conservatively and transparently. They aim to collect input and collaborate with stakeholders. 

The policy statement will remain strictly advisory. Until the LCB makes a decision about adopting rules to create enforceable requirements for products containing delta 8. Existing rules will continue to be enforced regarding any type of THC. 

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