2021 Update:
No updates have been made to Cannabis/hemp- CBD laws in Washington.
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Washington Hemp Laws and the legality of CBD in Washington, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Washington
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in Washington?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Most CBD and hemp products are legal in the state of Washington. However, the state has made it clear that it will not allow CBD as a food ingredient, in line with the FDA's guidance. Manufactured CBD food items like CBD gummies are not legal, nor are prepared CBD foods like CBD lattes and CBD cocktails. Washington hemp laws only allow products that are less than 0.3% total THC. Products with more THC are restricted to marijuana dispensaries.
Is It Legal to Ship PCR Hemp Oil to Washington?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Washington?
If you are looking to buy CBD in Washington state, you can do so at stores or online. You can also get marijuana products with low THC and high CBD at marijuana dispensaries as long as you are 21 or older.
Do you need a special license to purchase PCR Hemp Oil in Washington?
You don’t need a special license to purchase CBD hemp oil (all types) in Washington, only to grow, test, or sell products.
How Does Washington Legally Define Hemp?
'Hemp' means the plant Cannabis sativa L. and any part of the plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Growing and Selling Hemp in Washington
Washington hemp growers and handlers must be registered and licensed with the state. They have a very well defined legal process to follow. Hemp and CBD products must comply with Washington hemp laws:
- Products must contain no more than 0.3% THC and be reported as “total THC”
- Products must come from a registered farm
- Products must be tested by a licensed laboratory and laboratories will soon be required to be DEA registered
In addition to Washington state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet. Washington state hemp laws allow for CBD products such as:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
