Is Delta 9 THC Legal in Washington?

Certain types of Delta 9 THC products are legal in Washington, including all our THC gummies and Delta 9 edibles.

Read on for the full scoop on the legality of Delta 9 THC in Washington.

Article Jumplinks:

How is Delta 9 THC legal in Washington?

What is Delta 9 THC?

What are the effects of Delta 9 THC?

Which Delta is the strongest-Delta 8 vs Delta 9?

How to legally take Delta 9 products in Washington?

How to legally take Delta 9 in Washington?

Personal THC consumption was legalized in Washington in 2012, but that legislation did not apply to the commercialization and sale of consumer products containing THC. Following the Agricultural Act of 2018 ("2018 Farm Bill"), which legalized CBD and hemp production nationally by removing hemp and its derivatives (Cannabis sativa-L containing no more than 0.3% THC) from the Controlled Substances Act, Washington chose to legalize the production and sale of certain hemp-derived THC and CBD products.

In June 2019, Senator Doug Ericksen signed Senate bill 5276 into law, which legally separated hemp and marijuana, and legalized the commercialization of certain types of hemp products.

The Washington Governmental Department of Agriculture ("WSDA") is the state body in charge of regulating the cultivation and sale of hemp and CBD in the state.The USDA approved the WSDA’s hemp and CBD plan for Washington in 2020.

Marijuana is legal in Washington for both recreational and medical purposes, due to Initiative 502; however, cultivation and home delivery through dispensaries are strictly restricted. Medical marijuana was initially legalized in 1998, and recreational marijuana was legalized in 2012, with recreational sales beginning in 2014.

Adults are permitted to possess up to an ounce of flower, 16 ounces of edibles, or 7 grams of concentrate for recreational purposes. Medical patients have higher limits depending on qualifying conditions and doctor prescriptions, and both medical patients and registered caregivers can buy from regulated dispensaries.

Medical Marijuana in Washington

The term “medical marijuana” refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Studies show that the marijuana plant contains chemicals that may help treat a range of illnesses or symptoms, and can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.

While some states have already legalized marijuana for medicinal purposes, the issue is still being hotly debated in many others. As of 2019, a total of 41 states in the US have successfully legislated medical marijuana programs, with 19 states adopting recreational cannabis programs, and 23 states decriminalizing cannabis entirely.

Washington has a medical marijuana program. Washington Medical Marijuana Initiative, also known as Initiative 692 on November 3, 1998, removed state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess “valid documentation” from their physician affirming that he or she suffers from a debilitating condition and that the “potential benefits of the medical use of marijuana would likely outweigh the health risks.”

According to Washington state regulations:

• Patients possession limits: Patients entered in the state’s voluntary patient database may possess: 48 ounces of marijuana-infused product in solid form; 3 ounces of usable marijuana; 216 ounces of marijuana-infused product in liquid form; or 21 grams of marijuana concentrates.
• Home cultivation: Those entered in the state’s voluntary patient database may cultivate, in his or her domicile, up to 6 plants for personal medical use and possess up to 8 ounces of usable marijuana produced from his or her plants. If the health care professional determines that the medical needs of a qualifying patient exceed the amounts provided, the health care professional may specify on the authorization that it is recommended that the patient be allowed to grow, in his or her domicile, up to 15 plants, yielding up to 16 ounces, of usable marijuana for the personal medical use of the patient.
• Qualified medical marijuana patients and designated providers may purchase immature plants, clones, or seeds from a licensed producer. In order to purchase plants or clones the patients and providers must hold a recognition card and be entered in the medical marijuana authorization database.

NEW SECTION. Sec. 2.—Legalization of Hemp for Industrial Purposes

The following language in the “hemp law” (Bill 5276) clarifies which types of THC products can be commercialized in Washington State.

(2) "Crop" means hemp grown as an agricultural commodity.

(5) "Hemp" means the plant Cannabis sativa L. and any part of that 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.

(6) "Industrial hemp" means all parts and varieties of the genera Cannabis, cultivated or possessed by a grower, whether growing or not, that contain a tetrahydrocannabinol concentration of 0.3 percent or less by dry weight that was grown under the industrial hemp research program as it existed on December 31, 2019.

(9) "Produce" or "production" means the planting, cultivation, growing, or harvesting of hemp including hemp seed.

NEW SECTION. Sec. 7.—Industrial Hemp Notification Requirement

A person producing hemp pursuant to this chapter must notify the department of the source of the hemp seed or clones solely for the purpose of maintaining a record of the sources of seeds and clones being used or having been used for hemp production in this state. Hemp seed is an agricultural seed.

Sec. 12—Distinguishing Marijuana Production from Industrial Hemp

(x) "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include:6

(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination;

In other words, similar to the Farm Bill specifications, Delta 9 THC products can be sold in Washington State if they meet the following criteria:

1. 1. Delta 9 THC in the product is derived from hemp
   2. The product contains 0.3% or less of THC by dry weight

FAQ on Delta 9 Washington Legality

Are Delta 9 gummies legal in Washington?

Yes, Farm Bill compliant Delta 9 gummies are legal in Washington. You can buy Delta 9 gummies online or in-store without any restrictions, so long as they meet the following conditions:

1. The THC must be derived from the hemp plant rather than the marijuana plant
2. THC concentrations must not exceed 0.3% by dry weight

What is stronger, Delta 9 or Delta-8?

Generally, Delta 9 THC is stronger than Delta 8 THC. According to a recent study, the effects of Delta 8 are much milder, with participants comparing this compound to ‘Delta 9’s younger sibling’. Due to their milder effects, gummies with Delta 8 are a great choice for people new to products containing hemp.

How strong is Delta-9 THC?

The strength of Delta 9 and its effect on a person depends on 2 factors:

1. The dose of Delta 9 taken
2. How accustomed the consumer is to taking Delta 9 THC

Additionally, the following factors also influence how Delta 9 affects the person taking it:

• What is the consumption method? Some THC substances travel through the lungs and become accessible more quickly (like vaping or smoking). Some products must be digested (like edibles, gummies, oils, or capsules). These various forms may influence how long it takes to affect your brain and how powerful Delta 9 will affect you. Some forms of consumption have a quick and intense impact, while others have a longer, constant, and less obvious psychoactive effect.
• What is the quality of the Delta 9 used? Is it pure? Is it saturated with chemicals or other substances? What percentage of Delta 9 THC is consumed? Higher levels have far greater impacts.
• How often is the product used? If you take Delta 9 THC and other cannabinoids on a daily basis, they will remain in your system and influence how responsive you are to new inputs of Delta 9.

Is Delta 8 THC legal in Washington?

Yes, Delta-8 THC products are allowed in Washington under state law, according to Washington Senate Bill 5276, which was passed in 2019. This bill makes it legal to consume, possess, sell, distribute, buy, and produce hemp and hemp-derived Delta-8 without penalty or punishment.

Delta-8 products are permitted to be sold in Washington if it is derived from federally compliant hemp plants that contain no more than 0.3% THC.

Delta-8 products are available in Washington both online and in physical stores.

CBD produced from hemp is legal and widely accessible throughout the state. Delta-10 and other THC isomers are allowed as well.

Is Delta-9 legal in all states?

In December 2018, the U.S. Congress passed the 2018 Farm Bill, federally legalizing hemp, defined as cannabis (Cannabis sativa L.) and derivatives of cannabis with extremely low concentrations of the psychoactive compound Delta-9-tetrahydrocannabinol (THC) (no more than 0.3 percent THC on a dry weight basis), from the definition of marijuana in the Controlled Substances Act (CSA).

These products are now legal in 49 states which essentially follow the Farm Bill when it comes to Delta-9 legalization. Idaho is the only state where hemp Delta 9 is explicitly banned.

Where to buy Delta 9 in Washington?

In Washington, you can buy Delta 9 products from online hemp or Delta 9 stores, vape stores, or directly from the manufacturer's website.

Avoid purchasing Delta-9 goods from any unauthorized merchant, including strangers on the internet, on social media outlets, or forums. The risk of purchasing a fake product is significantly high. Furthermore, businesses that sell hemp-infused items must be registered with the state.

Is Delta-10 legal in Washington?

Yes, Delta 10 THC is legal in Washington in certain forms. As with Delta 8 and Delta 9, products containing less than 0.3% of hemp-derived Delta 10 by dry weight are legal under federal law.

The legality status of Delta 10 in Washington is subject to change, so it’s important to stay informed and understand the law around industrial hemp and its byproducts if you plan on consuming Delta 10, or any other THC product.

Is THC-O legal in Washington?

THC-O is currently legal in Washington. Although it is federally legal, THC-O is not legal in all US states, and many have revoked its legal status in recent years due to its potency. If you consume THC-O in Washington, keep track of any changes to hemp industry laws that may jeopardize its legality status.

Is Delta 9 federally legal?

The Farm Bill that was passed in 2018 made it legal in the United States to grow and sell hemp-derived products that contain 0.3% or less Delta-9 THC by dry weight. This law applies to all states in the US, plus Puerto Rico and D.C.

However, some states have additional restrictions on Delta-9 THC, and California is the only state with general restrictions on hemp-derived Delta-9 THC. These restrictions involve testing requirements and packaging restrictions.

Despite these restrictions, hemp Delta 9 THC products are still legal in 49 states, making them widely available to consumers across the country.

Does Delta 9 show up on drug tests?

Yes, Delta 9 will show up on a drug test, as will all other forms of THC. If you know you’re going to be drug tested, stop taking products with THC about a month or so before the test, even if the product in question is fully legal.

Can I fly with Delta 9 gummies?

Yes, you can fly to and from 49 US states with hemp-derived Delta 9 gummies that contain less than 0.3% of THC, except Idaho. If you are traveling abroad, the legality status of hemp products in your destination country will dictate whether you can fly with Delta 9. Remember, hemp is a controlled substance in many countries, and even fully illegal in some.

Is Delta 9 an indica or sativa?

Delta 9 itself is neither an indica or a sativa, but it can come from either of the two main strain types of the cannabis plant: Cannabis sativa and Cannabis indica. These cannabis plants produce different effects, as indica strains contain more CBD, leading to a more relaxing high. Unlike hemp-derived Delta 9, cannabis-derived Delta 9 THC is not federally legal.