Delta 8 THC Banned in Washington

The Washington State Liquor and Cannabis Board (WSLCB) issued a policy statement this week to clarify that neither Delta-8 THC products nor the conversion of CBD, hemp products, or Delta-9 THC to Delta-8 THC, or any other cannabinoid, are currently allowed under Washington law.

In their statement, the LCB said it is aware of edibles and concentrates in Washington’s cannabis market that contain Delta-8 THC and has confirmed the presence of Delta-8 THC products in markets outside of their jurisdiction. According to the statement, the controlled substances section of the Revised Code of Washington (RCW) indeed regulates “cis – or trans tetrahydrocannabinol” and their optical isomers.

Regulators additionally cited the RCW covering unfair business practices and said, “It is an unfair or deceptive practice … for any person or entity to distribute … or sell to a purchaser any product that contains any amount of any synthetic cannabinoid.”

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In the statement, the WSLCB raises other concerns about unnatural chemicals produced during Delta-8 THC synthesis, lacking concentration and potency thresholds, and a shortage of labs capable of testing for the cannabinoid. Despite their ban on “genetically or chemically” derived Delta-8, however, regulators said they will allow “cultivated” Delta-8 THC, seeming to carve out an exception for the cannabinoid if produced naturally by the cannabis plant.

Washington joins a growing list of states that have enacted or clarified cannabis industry rules related to the manufacturing and sale of Delta-8 THC products.