New Washington State Law for CBD Products

person Oksana Ostrovsky
calendar_today Jan 21, 2019

In 1998, Washington State passed its medical marijuana legislation, stepping out as one of the first states to legalize medical cannabis in the U.S. Later, in 2012, marijuana was legalized for recreational purposes as well. Since then, the state’s cannabis policy has been updated a couple of times, with the status of CBD additives being the most recent update. What is the current legal status of CBD oil in Washington State? How do these legal regulations assure higher quality of the CBD oil Washington State citizens are buying from stores or online? Let’s take a look.

Is CBD Oil Legal in Washington State?

Yes, users can obtain CBD oil in Washington State without any restrictions. Thankfully, hemp-derived CBD is readily available and is 100% legal in all U.S. states.

The medical cannabis law allowed licensed medical professionals to recommend cannabis to patients for a variety of conditions. The 2012 legislation allows adults free use of weed for recreational and medicinal purposes.

In 2015, the state approved another bill which made significant changes to the state’s patient cannabis cultivation rights. It also established state-regulated medical cannabis retail access points. [1]

Is CBD Oil Legal in Washington State?

All of these legal changes were focused on the recreational or medicinal use of cannabis in general. Recently, however, Washington State passed House Bill 2334 into law, which focuses mostly on regulation to do with quality control. An encouraging move for protecting the consumer.

The bill now allows licensed marijuana product manufacturers and processors to add CBD extracted from a source not licensed by the Washington State Liquor and Cannabis Board to their products.

To quote from Bill 2334: “Licensed marijuana producers and licensed marijuana processors may use a CBD product as an additive for the purpose of enhancing the cannabidiol concentration of any product authorized for production, processing, and sale”. [2]

The Bill allows the use of CBD products from unlicensed sources as long as:

the CBD product has a THC level of 0.3 percent or less on a dry weight basis;
the CBD product has been tested for contaminants and toxins. The testing needs to be performed by an accredited laboratory whose testing standards meet lawful requirements.

This also means that the Bill allows manufacturers to add hemp-derived CBD that comes from other states to Washington products.

New Regulations Regarding CBD Additives in Washington State

The legislator filed these new rules in October 2018. They pertain to CBD additive

requirements,
restrictions,
and quality-assurance testing.

The new rules took effect on December 1, 2018. [3]

CBD From Out-of-State Cannot Be Added to This Marijuana

According to the new regulations, CBD may not be added to useable marijuana flower. This measure is in place to avoid flower adulteration.

These CBD additives are now limited to oils, tinctures, edibles, and other marijuana derivatives.

CBD Traceability State Requirements

To meet CBD traceability requirements, a licensee must enter CBD products obtained from a source not licensed in the State into the Washington State traceability system. They are expected to keep this information updated. Furthermore, must licensees keep these CBD products labeled and quarantined away from other marijuana products until tested for quality assurance. [3]

New Regulations Regarding CBD Additives in Washington State

Quality Assurance Testing

It has already been established that all marijuana products undergo lab testing. The new law adds testing requirements for CBD additives, which also includes CBD oil. The goal is to ensure that the CBD additives are of high quality prior to being added to marijuana products. All CBD products failing the quality assurance testing must be disposed of, and can of course not be added to marijuana products.

Testing Requirements

An important area the legislator detailed are the testing requirements regarding these non-State CBD products. The products must be tested for contaminants and toxins by accredited labs in Washington.

Aside from requiring that these products “... successfully pass quality assurance testing prior to being added to any marijuana product,” the Bill also outlines rules regarding sample size and deduction.

The sampling protocol for all licensed producers, processors, and certified labs requires that all samples for testing: [3]

must be collected in a sanitary environment—the person in charge of collecting the samples must wear gloves, have their hands washed, and use sanitary utensils and storage devices;
must be representative of the entire product;
must be one percent of the product as packaged by the manufacturer, but no less than two grams;
must be labeled with a unique identifier number;
must include the name of the certified lab that will be receiving the sample;
must include the license number, and business or trade name of the licensee;
must include the date the sample was collected, as well as the weight of the sample.

The bill outlines a sampling protocol for all licensed producers, processors, and certified labs.

RELATED: Are You Using Organic CBD Oil?

Other Restrictions Regarding Marijuana Use in Washington State

Marijuana is legal for recreational use in Washington, but the state still prescribes some restrictions. [5]

Age Limit. In Washington, only adults age 21 and older are allowed to purchase and process marijuana.
Purchase Limits. Washington State allows adults age 21 and older to obtain up to one ounce of usable marijuana in the form of harvested flower, or “bud.” Adults are also permitted to purchase 16 ounces of weed-infused edibles in solid form, and 72 ounces in liquid form. People can also buy marijuana concentrates, up to 7 grams.
Buying and Selling. Users age 21 or older can buy marijuana at state-licensed retail stores.
In Washington State, it is illegal to consume marijuana in public, driving under the influence, or to transport marijuana outside of Washington. Legal penalties follow if the user is caught driving while intoxicated with more than five nanograms of active THC per milliliter of blood, or caught crossing the border with weed.

These legal regulations greatly protect users of CBD-enriched marijuana products by assuring quality of the CBD oil Washington State citizens are purchasing. The legislator also requires for CBD additives to be tested for THC, as well as pesticides, residual solvents, heavy metals, and more. Having such regulations in place will assure that the licensed producers and processors acquire and offer CBD additives from reliable sources, even if they have not been licensed by the Washington State Liquor and Cannabis Board. Some users are sensitive to THC, so knowing the exact ingredients of a bottle of CBD oil benefits the user.

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