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Is CBD oil legal in Washington?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Washington CBD laws
  4. Where to buy CBD in Washington
  5. How to read CBD labels and packaging

CBD oil is currently under scrutiny and subject to strict regulation in Washington. The state recently banned the use of hemp-derived CBD in food and beverage products following current guidelines from the U.S. Food and Drug Administration. As of October 2019, CBD cannot be used as an ingredient in foods or beverages, under federal and state law. CBD oil which contains more than 0.3% THC must be sold in licensed cannabis dispensaries.

Washington was one of the first states in the country to legalize cannabis. Medical marijuana has been legal in Washington since 1998. Adult-use marijuana was legalized in 2012 with the passing of Initiative 502, also known as the Washington Marijuana Legalization and Regulation Initiative.

What is CBD?

CBD is the second-most prominent cannabinoid found in cannabis following THC. Unlike THC, which produces a high, CBD is non-intoxicating. CBD also contains a host of potential therapeutic benefits, including anti-anxiety, analgesic, anti-inflammatory, and seizure suppressing properties.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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Why is CBD sometimes illegal?

All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule 1, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.

The 2018 Farm Bill re-classified hemp as an agricultural commodity, and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC, and marijuana refers to cannabis with more than 0.3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than 0.3% THC, as long as it’s been cultivated according to federal and state regulations.

The 2018 Farm Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive. The FDA has already maintained that even hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement. Although the organization has begun to re-evaluate some of these stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its stance against any labeling that could be perceived as a medical claim about CBD.

In addition to federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may also regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies. Washington is an example of a state that has devised its own regulatory framework for CBD.

Washington CBD laws

With the passing of the 2018 Farm Bill, an influx of CBD-infused products hit the Washington market. In October 2019, Washington banned the sale of hemp-derived CBD in food and beverage products in line with current policies from the U.S. Food and Drug Administration.

While the ban is recent, and the state hasn’t made any attempts to penalize or prosecute retailers or CBD brands, representatives of the Washington State Department of Agriculture (WSDA) are actively working to remove these products from shelves. The WSDA recently released a statement outlining their stance on CBD in food and as a medicine.

Although food containing CBD is not permitted to be created or sold in Washington, WSDA-licensed food processors can use other hemp products in foods. These foods include hulled hemp seeds, hemp seed protein powder, and hemp seed oil, provided they comply with all other requirements. Topical products containing CBD are also still available for purchase from retailers.

CBD oil containing more than 0.3% THC is available, but can only be sold and purchased in licensed cannabis dispensaries. Photo by: Gina Coleman/Weedmaps

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CBD oil containing more than 0.3% THC is available, but can only be sold and purchased in licensed cannabis dispensaries. Consumable CBD products can now only be sold only in licensed retail marijuana dispensaries.

Licensing requirements for CBD

Currently, anyone intending to grow, process, or market industrial hemp must apply for a license through the Industrial Hemp Research Pilot program (IHRP). The program recently combined the separate application forms into one universal application to simplify the process and reduce the amount of supporting documentation necessary to apply for a license.

In the wake of the 2018 Farm Bill, the Department of Agriculture issued a new policy statement on the transition from the IHRP to the implementation of a commercial hemp program that conforms to federal rules and revised state laws. The most notable changes to the updated hemp program include:

  • Licensed growers are solely responsible for procuring hemp seed and must notify the IHRP of the source of the seed.
  • Licensed growers are no longer required to maintain the four-mile minimum buffer distance from a licensed marijuana grower.
  • IHRP grower license requirements have been simplified to align with new hemp plan requirements.

When the new hemp program is adopted, those already licensed to grow hemp under the IHRP may transfer.

All industrial hemp must contain less than 0.3% THC when tested. According to the WSDA, any industrial hemp field, greenhouse or harvest that tests over 0.3% no longer meets the definition of industrial hemp under the law. The IHRP is currently considering the most appropriate enforcement actions.

Washington CBD possession limits

Consumers are allowed to purchase or possess up to one ounce of marijuana, 16 ounces of marijuana-infused CBD edibles in solid form, and 72 ounces of marijuana-derived CBD liquids.

Consumers are allowed to purchase or possess up to 72 ounces of marijuana-derived CBD liquids. Photo by: Gina Coleman/Weedmaps

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Possession above the legal limits is a criminal offense. There is no penalty articulated specifically for those with excess quantities of marijuana-derived CBD edibles or liquids. However, possession of one ounce to forty grams of cannabis is treated as a misdemeanor. Those charged will receive a prison sentence of up to 90 days and a maximum fine of $1000.

The possession of more than forty grams of cannabis is treated as a felony, resulting in a minimum of 5 years imprisonment and a maximum fine of $10,000.

Where to buy CBD in Washington

Currently, CBD is banned in the use of dietary supplements, food, and beverage products in the state of Washington. At present, the WSDA is not performing raids, so many of these products remain on the shelves at retailers, such as grocery stores and coffee shops.

The ban does not affect CBD products sold at licensed dispensaries, where shoppers can find and purchase products containing CBD, including CBD oil and edibles. There are benefits to buying CBD oil and other CBD products directly from a licensed retailer, such as immediate access to a product and the knowledge that it conforms to legal requirements.

Consumers can shop from a wide variety of online outlets for CBD products, read consumer reviews, and ship purchases to their homes. Online shopping also offers the ability to gather detailed information about each product, compare different products and product types, and comparison shop to find the best price. CBD brands also often have their own e-commerce shop, allowing you to purchase your desired CBD products straight from the source. Products purchased online, however, are unlikely to be in line with Washington state legal requirements.

How to read CBD labels and packaging

The 2018 Farm Bill shifted oversight of CBD from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). At present, there are no clear regulations regarding CBD labels and packaging.

Although the regulations are in flux, companies selling CBD must still make legitimate claims on their labels. Reputable CBD producers will typically include the following information on their CBD product labels.

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full spectrum, broad-spectrum, or isolate.
  • Batch or date code.

This information helps the consumer to make an educated decision on the quality and efficacy of a CBD product. If this information is absent from the label, it’s best to look for an alternative product.

Is CBD oil legal in Washington? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Washington CBD laws

Where to Buy CBD Oil in Washington State?

Washington State has a very relaxed policy on medical and recreational cannabis. It’s also one of the fastest-growing markets in the United States. With so many possibilities for acquiring top-shelf CBD oil, stores in Seattle and the suburbs have their hands full.

You can buy CBD oil in Washington in a range of cannabis dispensaries, but CBD products are widely available in head shops, wellness centers, and vape stores.

And if you don’t live anywhere near a CBD shop, you can always purchase your CBD oil online.

In this article, we share everything there is to know about buying CBD oil in Washington State.

Is CBD Oil Legal in Washington State?

Yes. Buying CBD oil is legal in Washington State is legal regardless of the source. You can buy either hemp- or marijuana-derived products there.

However, state law has different regulations governing the source of CBD oil.

Marijuana CBD Oil in Washington State

Washington State decriminalized marijuana in 2012 with the state’s Initiative 502 (I-502). Washington lawmakers made another step forward a few months later, legalizing the recreational use of marijuana.

There are already several dispensaries that offer marijuana products, including CBD oil. The regulation system for cannabis is similar to Washington’s policies surrounding the production and distribution of liquor.

In simple terms, marijuana CBD oil is legal in Washington State as long as you buy it from a licensed source. You can legally have up to 72 ounces of CBD oil, as it falls under the “marijuana-infused liquid” label.

Hemp CBD Oil in Washington State

Hemp became federally legal in the United States under the 2018 Farm Bill. Buying hemp-derived CBD oil in Washington State is easy and convenient – the state has quickly adapted to the new federal law.

Where to Buy CBD Oil in Washington State?

Want to buy CBD oil in Washington State?

There are two options — you can either buy it locally from head shops and dispensaries or do it online in the comfort of your home.

Here’s a quick walkthrough for both methods.

Buying CBD Oil Online in Washington State

When buying CBD oil online, you need to focus on finding a trusted manufacturer. A reputable source of CBD is key to getting a high-quality product and experiencing the real benefits of full-spectrum CBD oil.

A trusted CBD oil producer should ensure the following:

  • Source its CBD from non-GMO, organic hemp plants
  • Use supercritical CO2 to extract the oil
  • Test its products in certified laboratories for content analysis to check the potency and purity levels
  • Use the full-spectrum of cannabinoids in its CBD oil
  • Provide clear shipping & return policies

In addition, we recommend reading reviews from other customers and checking the lab reports of your CBD oil. If a company has nothing to hide, it should display the lab analysis for its products publically.

Where to Buy CBD Oil Locally in Washington State

As mentioned, Washington State’s CBD market is growing fast, with new CBD shops popping up each month.

Here are some of the best shops to buy CBD oil in Washington State for 2021:

Best CBD Oil Stores in Seattle
Best CBD Oil Stores in Lynwood
Name Address
Seattle Vapor Co 20101 44th Ave W, Lynnwood, WA 98036
Best CBD Oil Stores in Kirkland and Issaquah
Name Address
Xhale Vapor N Smoke 15 Lake St S, Kirkland, WA 98033

Final Thoughts on Buying CBD Oil in Washington State

Living in Washington State gives you plenty of opportunities as a cannabis consumer. Both recreational and medical uses of marijuana are legal there, with cannabis dispensaries thriving and offering an abundance of different products, including CBD oil.

If you want to experience the benefits of CBD without getting high, buying hemp-derived CBD oil is your best bet. You can either hit one of the local dispensaries or browse through different brands and products online for your convenience — the choice is up to you.

Looking for CBD oil in Washington state? There many dispensaries and online options to choose from. Read on to find the best CBD oil in Washington.