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is cbd oil legal in washington state

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 oil dropper

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

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CBD oil dropper

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 and weed

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 and weed

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.

CBD dropper

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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CBD dropper

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 in Washington in 2021

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If you’re interested in buying CBD in Washington, this is the article for you. We’ll discuss the relevant marijuana laws and show you how to find reliable suppliers locally and online.

CBD is taking the United States by storm as more and more people discover how effective it is for treating pain, inflammation, anxiety, seizures, nausea, and more.

We always recommend buying CBD from a trustworthy online source. It’s almost always cheaper and more convenient than trying to find a local supplier.

However, before we get into where to buy CBD in Washington, you’ll need to understand the laws regarding marijuana products in the state.

Table of Contents
  • Buy CBD Oil in Washington:
  • Is CBD Legal in Washington?
  • How to Buy CBD in Washington
    • Advice for Buying High-Quality CBD in Washington
    • 1. Online Shops
    • 2. Local Stores in Washington
  • A Brief History of Marijuana Laws in Washington
  • Medical Marijuana in Washington
    • Eligible Medical Conditions for Medical Marijuana in Washington:
      • Possession Limits for Registered Medical Marijuana Card Holders in Washington:
      • Growing Limits for Registered Medical Marijuana Card Holders in Washington:
  • Marijuana Legalization in Washington
    • Under Initiative 502, People 21 Years of Age or Older Can Legally Purchase and Possess up to:
  • Recommended CBD Retailers in Washington
    • Seattle
    • Spokane
    • Tacoma
  • Final Notes on Buying CBD in Washington

Buy CBD Oil in Washington:

  • Royal CBD Oil— Best CBD Oil Overall
  • Gold Bee CBD Gummies— Best CBD Gummies
  • CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
  • Industrial Hemp Farms— Best CBD Flower
  • Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs

Is CBD Legal in Washington?

CBD is legal to purchase and consume in the state of Washington. However, the laws change slightly depending on how your CBD was produced.

If your CBD was made using a flowering marijuana plant, it will contain higher levels of THC and will probably get you stoned. This is treated the same as marijuana in the eyes of the law and is, therefore, illegal according to the Federal Government.

You probably won’t have any trouble in Washington though, as marijuana products are legal. However, it’s good to know either way.

Products made using industrial hemp generally don’t contain more than 0.3% THC. This means that using this type of CBD won’t cause the high associated with marijuana. These are legal to possess in all 50 states thanks to the Agricultural Act of 2014.

When the Federal Government passed the Agricultural Act of 2014, it removed industrial hemp from the definition of marijuana. Farmers are now legally allowed to produce industrial hemp products, including food, fuel, clothing, and extracts — including CBD.

If you’re feeling ready to place an order, take a look at our guide below for finding high-quality CBD in Washington.

How to Buy CBD in Washington

Companies sell CBD online as well as over the counter in dispensaries across the Evergreen State. Washington is by far one of the best states to live in for high-quality CBD.

Although it should be relatively easy to find, it’s essential that you research your CBD products before buying and consuming them. The Center for Disease Control found that over 50 people were poisoned by fake CBD products that they purchased over the counter.

Advice for Buying High-Quality CBD in Washington

  1. Try to find CBD labeled as full-spectrum. Full-spectrum CBD is made using the entire hemp plant. The other kind of CBD is called an isolate, which only uses part of the plant. Isolates can miss out on beneficial cannabinoids such as terpenes and flavonoids. Read more about full-spectrum oils here.
  2. Don’t trust companies that claim CBD is a miracle drug. These companies are almost certainly selling fake oil — or worse, dangerous CBD that isn’t safe for human consumption. CBD is a great way to manage pain, anxiety, and inflammation, among other symptoms, but it’s not going to cure cancer. Avoid these companies as much as possible.
  3. Only buy from sources that get their products tested by an outside lab. Any reputable CBD supplier will be able to produce reports that show that their products are genuine and that they are free from harmful chemicals, including pesticides and solvents.
  4. Don’t buy the cheapest product you can find. CBD can be pricey — and for a good reason. As a health supplement, it’s vital that you find the right product for your needs. Buying the cheapest product you see is a surefire way to get sketchy CBD that does nothing — or worse.

Merely taking the time to do a short background check on your CBD supplier can save you a lot of money and hassle later on.

If you follow the advice above, you’re on track to finding a great supplier locally or online.

1. Online Shops

We always recommend purchasing your CBD from an established and trustworthy online source.

Buying online will give you access to valuable information about the company that might be hard to track down when you look in-store. Most online CBD suppliers will have their third-party test results posted on their website for you to review.

As we mentioned before, CBD can be expensive. When you purchase directly with the supplier online, they able to extend discounts or bulk purchase deals to you. But, if you don’t like the price you see, the next supplier is only a click or two away.

Driving around town to compare products is a huge time-waster. However, when you shop online, you can quickly compare CBD products from the comfort of your own home. Shopping in-store will require you to waste time going around to find the product you need.

If you’re still set on buying locally, check out our list of stores in Washington that can help you out with all things CBD.

2. Local Stores in Washington

Washington has hundreds of local stores for anything related to marijuana and CBD.

The best place to look for high-quality CBD is in your nearest dispensary. Dispensaries should have knowledgeable employees who can help you pick the right product for your unique situation.

A Brief History of Marijuana Laws in Washington

Washington was one of the first states (along with Colorado) to legalize marijuana for recreational use. Washington has also had a medical marijuana program since 1998.

The Evergreen State has always been a leader when it comes to marijuana laws. Initially, in 1923, the law prohibited marijuana in Washington. However, although it was illegal, arrests were few and far between.

In 1971, the Washington legislature officially stated that marijuana wasn’t a narcotic or opiate. This was a big deal back then because police in most states were aggressively arresting people for marijuana possession under President Nixon’s war on drugs.

Under Initiative 692, introduced in 1998, Washington made it legal for patients suffering from terminal or debilitating medical conditions to access medical marijuana. The bill didn’t prevent patients from being arrested for possession, but it did give them a valid defense in court.

Medical Marijuana in Washington

To qualify for Washington’s medical marijuana program, you must have a debilitating or life-threatening medical condition.

Eligible Medical Conditions for Medical Marijuana in Washington:

  1. Cachexia
  2. Cancer
  3. Chronic renal failure
  4. Crohn’s Disease
  5. Epilepsy
  6. Glaucoma
  7. Hepatitis C
  8. HIV/AIDS
  9. Intractable pain (that cannot be relieved by standard treatment or medications)
  10. Multiple Sclerosis
  11. Post-Traumatic Stress Disorder
  12. Traumatic brain injury
  13. Nausea
  14. Vomiting
  15. Appetite loss
  16. Cramping
  17. Seizures
  18. Muscle spasms
  19. Any other conditions subject to the approval of the Washington Board of Health

Additionally, you must be a resident of Washington and at least 18 years of age.

If you’re able to get a medical marijuana card in Washington and you register with the state, you’ll be entitled to a few benefits.

Possession Limits for Registered Medical Marijuana Card Holders in Washington:
  • 3 ounces of usable marijuana
  • 48 ounces of edible marijuana in solid form
  • 216 ounces of marijuana in liquid form
  • 21 grams of marijuana concentrate
Growing Limits for Registered Medical Marijuana Card Holders in Washington:
  • Up to 6 mature plants for personal use
  • 8 ounces of usable marijuana produced from homegrown plants

Unregistered patients may only grow up to four plants and possess six ounces of usable marijuana cultivated at home.

Marijuana Legalization in Washington

In 2012, Washington passed Initiative 502, which made recreational marijuana legal to possess for people 21 years of age or older. It also created a system for the production and distribution of marijuana through recreational dispensaries.

People regard marijuana legalization as a good move on the part of Washington. The state has collected over $742 million in marijuana sales tax since 2014.

Under Initiative 502, People 21 Years of Age or Older Can Legally Purchase and Possess up to:

  • 1 ounce of prepared and ready-to-smoke marijuana
  • 16 ounces of marijuana-infused edibles
  • 72 ounces of liquid marijuana
  • 7 grams of concentrate

You can buy marijuana from any state-licensed dispensaries. However, it’s still illegal to consume or use marijuana in public.

Keep in mind that the Federal Government still lists marijuana on its list of controlled substances. This means that if you’re caught in possession of or using marijuana on federal land, the charges faced will be under federal law. This includes places such as national parks or forests.

Driving while high is still illegal, and you could face DUI charges if caught.

Also, transporting marijuana over state lines is illegal. Therefore, just to be safe, don’t travel with weed.

Recommended CBD Retailers in Washington

Seattle

  1. The Green Door Seattle
  2. American Mary
  3. Lazarus Naturals CBD
  4. Seattle Tonics Pot Shop
  5. Uncle Ike’s Pot Shop
  6. Have a Heart Belltown

Spokane

  1. The Source CBD
  2. Sativa Sisters
  3. Spokane Green Leaf
  4. Royals Cannabis
  5. Sublime Vapor & Glass

Tacoma

  1. Bright Day CBD
  2. Clear Choice Cannabis
  3. Mary Mart
  4. World of Weed
  5. Green Collar Cannabis

All of these local stores should have a great selection of CBD for you to choose from. If your city isn’t on the list, check out your nearest dispensary or vape shop.

Final Notes on Buying CBD in Washington

Washington is wonderful for everything weed-related. Since marijuana was legalized back in 2012, marijuana products are widely available on nearly every corner.

CBD is no exception. Many of your favorite marijuana shops will have CBD ready to order over the counter. This is an excellent way to get the CBD products you need in Washington.

If you want to save some money on your next (or first!) order, we always recommend that you visit an online supplier. This is almost always the best way to find good-value, high-quality CBD.

Keep up the great work, Washington — the rest of America is envious of your marijuana laws.

Are you looking to buy CBD legally in Washington? In this article, we’ll examine Washington’s relevant laws & show you where to buy CBD.