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CBD Oil in Washington
Are you searching for answers about CBD laws in the state of Washington? If so, please read on as we dive into the topic and discuss the current legal standing of CBD Oil, hemp, and related cannabis products in the Evergreen State.
When it comes to state laws revolving around CBD, there are often incongruencies between each state, especially on the finer details. One reason that this happens is that until recently, federal, state, and local governments failed to make a legal distinction between two different cannabis plants: Hemp (Cannabis Sativa) and Marijuana (Cannabis Indica). Luckily, most states have been building on a legal framework that has allowed farmers to commercialize hemp and allowed consumers to access its many benefits.
Many hemp-derived CBD products are unambiguously legal in Washington, and they can be found in general retail environments and convenience stores. In addition, marijuana is legal for both medical and recreational purposes, available through regulated channels. However, food and beverage products containing hemp-derived CBD are still considered illegal. This is true at the federal level, but it has also been expressly stated by the Washington Department of Agriculture.
In Washington, many hemp-derived CBD and even marijuana products can be legally obtained, but as Hemp and Marijuana are quite different, the legal avenues for obtaining each are quite different as well.
Is CBD Oil legal in Washington?
Yes. CBD oil is legal in Washington in many formats, but hemp-derived CBD is expressly banned for use as an ingredient in food and beverage products.
Residents should be aware that the state’s Department of Agriculture released a specific statement, “Restrictions On The Use Of Hemp CBD As A Food Ingredient” – in which the department states that food products containing Hemp CBD are not in compliance with the law as CBD has not been approved as an ingredient in food and beverages by the Food And Drug Administration (FDA).
This complication came about because the FDA has approved hemp CBD as a prescription drug previously. Federal laws clearly prohibit adding drugs to food. Despite this, many CBD producers were initially confused about this matter, and such products still appear on store shelves.
CBD Oil is readily available in non-traditional food formats and is easily accessible via legal means.
What are the current CBD laws in Washington?
The 2018 federal Farm Bill (Agriculture Improvement Act of 2018) made hemp effectively legal in all 50 states. But even in states like Washington, where recreational marijuana is permitted, the legal framework for cannabinol products has some wrinkles.
Washington’s modern cannabis reform movement started gaining traction in the late 90s with the push to legalize medical marijuana. In 1998 the state established a medical marijuana program under Initiative 692. Over the course of the next two decades, many measures were passed that have helped pave the way for hemp and hemp-based CBD as a legal product, distinct from marijuana.
In 2012, Measure 502 passed which began to make the legal distinction necessary to separate hemp-derived CBD products from marijuana products. As a result of this measure, state law does not consider CBD products containing 0.3% THC (or less) to be marijuana, so such products are not controlled substances.
(THC or Tetrahydrocannabinol is the psychoactive substance commonly found in marijuana that will make a person “high” when consumed. It is typically only present in small amounts, when it comes to hemp-derived CBD products… not enough to intoxicate a person)
Over the next several years progress toward industrializing and commercializing CBD continued. In 2014 two important pieces of legislation were passed:
SB 5954, sponsored by State Senators Hasegawa and Chase, laid out the groundwork for the legal establishment of Washington’s hemp industry and clarified requirements production needed to follow to remain compliant with state and federal laws. It also authorized Washington State University to begin research on industrial hemp production within the state.
SB 6214, directed Washington’s Department of Agriculture to create a licensing program that permits Washingtonians to cultivate industrial hemp for commercial purposes within the state. This was sponsored by State Senators Kohl-Welles, Hatfield, Hasegawa, Hewitt, and Chase.
In 2015 HB 1552 (sponsored by Representatives Shea, Taylor, Condotta, Pike, Goodman, G. Hunt, Scott, Buys, Holy, Griffey, Blake, Fitzgibbon, Hurst, Ormsby, Young, and Magendanz) was passed, removing hemp from the State Controlled Substances act and officially designating hemp as an agricultural product that can be cultivated, commercially traded, and possessed within the state.
SB 5012 (sponsored by State Senators Hatfield, Honeyford, Rolfes, Ericksen, Kohl-Welles, Hasegawa, Chase, and Hobbs) passed the same year, also affirming the authorization to grow industrial hemp.
The 2018 Farm Bill removed legal uncertainties for hemp at the federal level and in 2019 Governor Jay Inslee signed SB 5276 (Sponsored by State Senators Ericksen, Takko, and Wellman) into law.
SB 5276 was passed to conform Washington state laws with the requirements set around industrial hemp in the 2018 Farm Bill.
In 2019 the Washington Department of Agriculture clarified that CBD is not considered a legally permissible ingredient in traditional foods.
Can I purchase CBD oil in Washington?
Yes, you can. Many CBD-based products are readily available and can be purchased in general retail environments, over the counter, and without any requirement of prescription or medical card. CBD products can also be purchased online and shipped to residents of Washington without any need for prior approval or permission from a physician.
Highland Pharms can ship CBD Oil products to residents throughout WA, no matter if you are in Seattle, Spokane, Tacoma, Vancouver, Bellevue, or Kent. And we offer a wide variety!
On our website, you will find clean, safe, legal CBD oil available in drops, capsules, pills, gummies, vape oils, creams, lotions, tinctures… and even pet treats!
We hope you will browse our selection and find something that fits your needs today.
2018 United States farm bill – Wikipedia
2020 CBD Laws by State | CBD Awareness Project (cbdoil.org)
Washington State Hemp Laws and Hemp Farming Legislation | Vote Hemp
Washington State Hemp Laws and Hemp Farming Legislation | Vote Hemp