Is Delta-8 THC Legal in Washington? (2026)

Instrument

Definitions -- Hemp (delta-9-only); Hemp consumable (includes inhalation)

Source

https://app.leg.wa.gov/RCW/default.aspx?cite=15.140.020

Retrieved

2026-07-02

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RCW 15.140.020 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Agriculture improvement act of 2018" means sections 7605, 10113, 10114, and 12619 of the agriculture improvement act of 2018, P.L. 115-334.

(2) "Cannabis" has the meaning provided in RCW 69.50.101.

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

(4) "Cultivar" means a variation of the plant Cannabis sativa L. that has been developed through cultivation by selective breeding.

(5) "Department" means the Washington state department of agriculture.

(6) "Food" has the same meaning as defined in RCW 69.07.010.

(7) "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.

(8) "Hemp consumable" means a product that is sold or provided to another person, that is:
(a) Made of hemp;
(b) Not a cannabis product, as defined in RCW 69.50.101; and
(c) Intended to be consumed or absorbed inside the body by any means, including inhalation, ingestion, or insertion.

(9) "Hemp processor" means a person who takes possession of raw hemp material with the intent to modify, package, or sell a transitional or finished hemp product.

(10)(a) "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.
(b) "Industrial hemp" does not include plants of the genera Cannabis that meet the definition of "cannabis."

(11) "Postharvest test" means a test of tetrahydrocannabinol concentration levels of hemp after being harvested based on:
(a) Ground whole plant samples without heat applied; or
(b) Other approved testing methods.

(12) "Process" means the processing, compounding, or conversion of hemp into hemp commodities or products.

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

Instrument

RCW 69.50.101(4), (8)(a), (49); RCW 15.140.020 (SB 5367, 2023)

Source

https://app.leg.wa.gov/RCW/default.aspx?cite=69.50.101

Retrieved

2026-10-07

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RCW 69.50.101(8)(a) ["Cannabis products" means products] "with any detectable amount of THC" [...]. (49) ["THC concentration" means] "percent of tetrahydrocannabinol content of any part of the plant Cannabis" [counting combined THC and THCA regardless of moisture]. (4) [Cannabis] "does not include hemp or industrial hemp as defined in RCW 15.140.020." [Bracketed spans summarized.]

Instrument

69.50.575. Cannabis health and beauty aids.

Source

https://app.leg.wa.gov/rcw/default.aspx?cite=69.50.575

Retrieved

2026-07-18

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(1) Cannabis health and beauty aids are not subject to the regulations and penalties of this chapter that apply to cannabis, cannabis concentrates, or cannabis-infused products. (2) For purposes of this section, "cannabis health and beauty aid" means a product containing parts of the cannabis plant and which: (a) Is intended for use only as a topical application to provide therapeutic benefit or to enhance appearance; (b) Contains a THC concentration of not more than 0.3 percent; (c) Does not cross the blood-brain barrier; and (d) Is not intended for ingestion by humans or animals.

Instrument

Cannabis product definition

Source

https://app.leg.wa.gov/rcw/default.aspx?cite=69.50.575

Retrieved

2026-10-07

Fingerprint

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RCW 69.50.575. Cannabis health and beauty aids. (1) Cannabis health and beauty aids are not subject to the regulations and penalties of this chapter that apply to cannabis, cannabis concentrates, or cannabis-infused products. (2) For purposes of this section, 'cannabis health and beauty aid' means a product containing parts of the cannabis plant and which: (a) Is intended for use only as a topical application to provide therapeutic benefit or to enhance appearance; (b) Contains a THC concentration of not more than 0.3 percent; (c) Does not cross the blood-brain barrier; and (d) Is not intended for ingestion by humans or animals. Operative routing rule -- RCW 69.50.101(8)(a): 'Cannabis products' means useable cannabis, cannabis concentrates, and cannabis-infused products as defined in this section, including any product intended to be consumed or absorbed inside the body by any means including inhalation, ingestion, or insertion, with any detectable amount of THC. WSLCB official position (Hemp-Derived and Synthetic THC Products -- Legal?): intoxicating hemp-derived and synthetic cannabinoids, including delta-8, delta-10, THC-O, HHC, and THCP, are regulated as cannabis and are not lawful for sale outside the WSLCB-licensed cannabis system, regardless of the state of origin.