Is Delta-9 THC (hemp-derived) Legal in Washington? (2026)

Vape / inhalable

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Washington as vape / inhalable. Hemp Delta-9 vape - illegal. Effective 2023-07-23. Controlling source: RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
state named ban
Limit
(total ban)
Effective
2023-07-23
Effectively prohibitive
An inhalable product with any detectable amount of THC meets the RCW 69.50.101(8)(a) definition of a 'cannabis product' regardless of hemp-derived origin or the 0.3% raw-plant threshold. It cannot be sold as a hemp product through general retail; it is sellable ONLY through a WSLCB-licensed cannabis retailer, tested/tracked/labeled and taxed as cannabis, 21+.

Controlling language, verbatim

'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

Source of excerpt

Citations

  1. RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023) (Washington State Legislature (official RCW), 2026-07-18) PRIMARYOFFICIAL
  2. RCW 69.50.575 -- Cannabis health and beauty aids (CHABA) (Washington State Liquor and Cannabis Board (quoting official RCW text), 2026-07-18) PRIMARYOFFICIAL
  3. RCW 69.50.575 PRIMARYOFFICIAL
  4. SB 5367 — 2023-24 bill summary and history (Washington State Legislature) PRIMARYOFFICIAL
  5. Intoxicating Hemp Products (Research Brief) (Washington State Liquor and Cannabis Board, 2026-01-12)OFFICIAL
  6. E2SSB 5367 (2023) -- hemp/cannabis regulatory convergence (Washington State Legislature, 2026-07-18)OFFICIAL

Change history

  • Effective date changed from none to 2023-07-23.

Capsule / tablet

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Washington as capsule / tablet. Hemp Delta-9 capsule - illegal. Effective 2023-07-23. Controlling source: RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
state named ban
Limit
(total ban)
Effective
2023-07-23
Effectively prohibitive
Same rule: any detectable THC in an ingestible capsule makes it a cannabis product under RCW 69.50.101(8)(a).

Controlling language, verbatim

'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

Source of excerpt

Citations

  1. RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023) (Washington State Legislature (official RCW), 2026-07-18) PRIMARYOFFICIAL
  2. RCW 69.50.575 -- Cannabis health and beauty aids (CHABA) (Washington State Liquor and Cannabis Board (quoting official RCW text), 2026-07-18) PRIMARYOFFICIAL
  3. RCW 69.50.575 PRIMARYOFFICIAL
  4. SB 5367 — 2023-24 bill summary and history (Washington State Legislature) PRIMARYOFFICIAL
  5. Intoxicating Hemp Products (Research Brief) (Washington State Liquor and Cannabis Board, 2026-01-12)OFFICIAL
  6. E2SSB 5367 (2023) -- hemp/cannabis regulatory convergence (Washington State Legislature, 2026-07-18)OFFICIAL

Change history

  • Effective date changed from none to 2023-07-23.

Beverage

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Washington as beverage. Hemp Delta-9 drink - illegal. Effective 2023-07-23. Controlling source: RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
state named ban
Limit
(total ban)
Effective
2023-07-23
Effectively prohibitive
THC beverages are ingested products; any detectable THC makes them 'cannabis products' under RCW 69.50.101(8)(a), sellable only via WSLCB-licensed cannabis retail.

Controlling language, verbatim

'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

Source of excerpt

Citations

  1. RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023) (Washington State Legislature (official RCW), 2026-07-18) PRIMARYOFFICIAL
  2. RCW 69.50.575 -- Cannabis health and beauty aids (CHABA) (Washington State Liquor and Cannabis Board (quoting official RCW text), 2026-07-18) PRIMARYOFFICIAL
  3. RCW 69.50.575 PRIMARYOFFICIAL
  4. SB 5367 — 2023-24 bill summary and history (Washington State Legislature) PRIMARYOFFICIAL
  5. Intoxicating Hemp Products (Research Brief) (Washington State Liquor and Cannabis Board, 2026-01-12)OFFICIAL
  6. E2SSB 5367 (2023) -- hemp/cannabis regulatory convergence (Washington State Legislature, 2026-07-18)OFFICIAL

Change history

  • Effective date changed from none to 2023-07-23.

Edible / ingestible

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Washington as edible / ingestible. Hemp Delta-9 edible - illegal. Effective 2023-07-23. Controlling source: RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
state named ban
Limit
(total ban)
Effective
2023-07-23
Effectively prohibitive
An ingestible product with any detectable THC is a 'cannabis product' under RCW 69.50.101(8)(a) -- routed exclusively to the WSLCB-licensed cannabis retail channel, not general/hemp retail.

Controlling language, verbatim

'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

Source of excerpt

Citations

  1. RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023) (Washington State Legislature (official RCW), 2026-07-18) PRIMARYOFFICIAL
  2. RCW 69.50.575 -- Cannabis health and beauty aids (CHABA) (Washington State Liquor and Cannabis Board (quoting official RCW text), 2026-07-18) PRIMARYOFFICIAL
  3. RCW 69.50.575 PRIMARYOFFICIAL
  4. SB 5367 — 2023-24 bill summary and history (Washington State Legislature) PRIMARYOFFICIAL
  5. Intoxicating Hemp Products (Research Brief) (Washington State Liquor and Cannabis Board, 2026-01-12)OFFICIAL
  6. E2SSB 5367 (2023) -- hemp/cannabis regulatory convergence (Washington State Legislature, 2026-07-18)OFFICIAL

Change history

  • Effective date changed from none to 2023-07-23.

Flower / raw plant

Gray area

As of October 22, 2026, Delta-9 THC (hemp-derived) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Washington as flower / raw plant. Hemp Delta-9 flower - restricted. Controlling source: RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
under review
Effectively prohibitive
yes, in practice

Controlling language, verbatim

'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

Source of excerpt

Citations

  1. RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023) (Washington State Legislature (official RCW), 2026-07-18) PRIMARYOFFICIAL
  2. RCW 69.50.575 -- Cannabis health and beauty aids (CHABA) (Washington State Liquor and Cannabis Board (quoting official RCW text), 2026-07-18) PRIMARYOFFICIAL
  3. RCW 69.50.575 PRIMARYOFFICIAL
  4. Intoxicating Hemp Products (Research Brief) (Washington State Liquor and Cannabis Board, 2026-01-12)OFFICIAL
  5. E2SSB 5367 (2023) -- hemp/cannabis regulatory convergence (Washington State Legislature, 2026-07-18)OFFICIAL

Change history

  • Status changed from illegal to restricted.
  • Status changed from restricted to illegal.

Other

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Washington as other. Hemp Delta-9 other - restricted. Controlling source: RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Any other form is evaluated under the same test: a product intended to be consumed or absorbed inside the body (ingestion, inhalation, or insertion) with any detectable amount of THC is a 'cannabis product' restricted to the WSLCB-licensed channel; non-absorbed/non-detectable-THC forms remain ordinary hemp. Washington's regime is definitional rather than a numeric cap: under RCW 69.50.101(8)(a) (added by SB 5367, 2023), ANY product intended for ingestion, inhalation, or insertion that contains any detectable amount of THC is legally a 'cannabis product,' full stop -- it cannot be sold through general/hemp retail and must go through the WSLCB-licensed cannabis system (tested, tracked, labeled, 21+, taxed at the standard ~37% cannabis excise rate). The only carve-out for non-ingested, non-inhaled, no-blood-brain-barrier topicals at <=0.3% THC is the Cannabis Health and Beauty Aid (CHABA) category (RCW 69.50.575), which is exempt from cannabis-chapter regulation entirely. Net effect for hemp-derived delta-9: every ingestible/inhalable form is functionally illegal outside the licensed cannabis channel; only compliant topicals have a clear unlicensed-hemp path.

Controlling language, verbatim

'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

Source of excerpt

Citations

  1. RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023) (Washington State Legislature (official RCW), 2026-07-18) PRIMARYOFFICIAL
  2. RCW 69.50.575 -- Cannabis health and beauty aids (CHABA) (Washington State Liquor and Cannabis Board (quoting official RCW text), 2026-07-18) PRIMARYOFFICIAL
  3. RCW 69.50.575 PRIMARYOFFICIAL
  4. Intoxicating Hemp Products (Research Brief) (Washington State Liquor and Cannabis Board, 2026-01-12)OFFICIAL
  5. E2SSB 5367 (2023) -- hemp/cannabis regulatory convergence (Washington State Legislature, 2026-07-18)OFFICIAL

Powder / bulk

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Washington as powder / bulk. Hemp Delta-9 powder - illegal. Effective 2023-07-23. Controlling source: RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
state named ban
Limit
(total ban)
Effective
2023-07-23
Effectively prohibitive
Hemp-derived cannabinoid powder/isolate intended for ingestion with any detectable THC is a cannabis product under the same definitional rule.

Controlling language, verbatim

'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

Source of excerpt

Citations

  1. RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023) (Washington State Legislature (official RCW), 2026-07-18) PRIMARYOFFICIAL
  2. RCW 69.50.575 -- Cannabis health and beauty aids (CHABA) (Washington State Liquor and Cannabis Board (quoting official RCW text), 2026-07-18) PRIMARYOFFICIAL
  3. RCW 69.50.575 PRIMARYOFFICIAL
  4. SB 5367 — 2023-24 bill summary and history (Washington State Legislature) PRIMARYOFFICIAL
  5. Intoxicating Hemp Products (Research Brief) (Washington State Liquor and Cannabis Board, 2026-01-12)OFFICIAL
  6. E2SSB 5367 (2023) -- hemp/cannabis regulatory convergence (Washington State Legislature, 2026-07-18)OFFICIAL

Change history

  • Effective date changed from none to 2023-07-23.

Raw material / RUO

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Washington as raw material / ruo. Hemp Delta-9 raw material - restricted. Controlling source: RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Raw hemp biomass/extract at <=0.3% delta-9 THC dry weight is 'industrial hemp' under RCW 15.140.020 and excluded from the 'cannabis' plant-material definition (RCW 69.50.101(4)); it becomes subject to the cannabis-product routing rule only once formulated into a product intended for ingestion/inhalation/insertion with detectable THC. Washington's regime is definitional rather than a numeric cap: under RCW 69.50.101(8)(a) (added by SB 5367, 2023), ANY product intended for ingestion, inhalation, or insertion that contains any detectable amount of THC is legally a 'cannabis product,' full stop -- it cannot be sold through general/hemp retail and must go through the WSLCB-licensed cannabis system (tested, tracked, labeled, 21+, taxed at the standard ~37% cannabis excise rate). The only carve-out for non-ingested, non-inhaled, no-blood-brain-barrier topicals at <=0.3% THC is the Cannabis Health and Beauty Aid (CHABA) category (RCW 69.50.575), which is exempt from cannabis-chapter regulation entirely. Net effect for hemp-derived delta-9: every ingestible/inhalable form is functionally illegal outside the licensed cannabis channel; only compliant topicals have a clear unlicensed-hemp path.

Controlling language, verbatim

'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

Source of excerpt

Citations

  1. RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023) (Washington State Legislature (official RCW), 2026-07-18) PRIMARYOFFICIAL
  2. RCW 69.50.575 -- Cannabis health and beauty aids (CHABA) (Washington State Liquor and Cannabis Board (quoting official RCW text), 2026-07-18) PRIMARYOFFICIAL
  3. RCW 69.50.575 PRIMARYOFFICIAL
  4. Intoxicating Hemp Products (Research Brief) (Washington State Liquor and Cannabis Board, 2026-01-12)OFFICIAL
  5. E2SSB 5367 (2023) -- hemp/cannabis regulatory convergence (Washington State Legislature, 2026-07-18)OFFICIAL

Tincture / sublingual

Illegal

As of October 22, 2026, Delta-9 THC (hemp-derived) is illegal to sell at retail in Washington as tincture / sublingual. Hemp Delta-9 tincture - illegal. Effective 2023-07-23. Controlling source: RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
state named ban
Limit
(total ban)
Effective
2023-07-23
Effectively prohibitive
Same detectable-THC-triggers-cannabis-product rule as edibles; licensed-cannabis-channel-only.

Controlling language, verbatim

'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

Source of excerpt

Citations

  1. RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023) (Washington State Legislature (official RCW), 2026-07-18) PRIMARYOFFICIAL
  2. RCW 69.50.575 -- Cannabis health and beauty aids (CHABA) (Washington State Liquor and Cannabis Board (quoting official RCW text), 2026-07-18) PRIMARYOFFICIAL
  3. RCW 69.50.575 PRIMARYOFFICIAL
  4. SB 5367 — 2023-24 bill summary and history (Washington State Legislature) PRIMARYOFFICIAL
  5. Intoxicating Hemp Products (Research Brief) (Washington State Liquor and Cannabis Board, 2026-01-12)OFFICIAL
  6. E2SSB 5367 (2023) -- hemp/cannabis regulatory convergence (Washington State Legislature, 2026-07-18)OFFICIAL

Change history

  • Effective date changed from none to 2023-07-23.

Topical

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Washington as topical. Hemp Delta-9 topical - restricted. Controlling source: RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023).

Verified October 22, 2026 (hash check) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Topicals fall outside the 'cannabis product' definition if they qualify as a Cannabis Health and Beauty Aid (CHABA) under RCW 69.50.575: intended only for topical application, <=0.3% THC, does not cross the blood-brain barrier, and not intended for ingestion. CHABA products are exempt from cannabis chapter regulations/penalties and may be sold as hemp topicals; LCB-licensed cannabis retailers may also carry them. Washington's regime is definitional rather than a numeric cap: under RCW 69.50.101(8)(a) (added by SB 5367, 2023), ANY product intended for ingestion, inhalation, or insertion that contains any detectable amount of THC is legally a 'cannabis product,' full stop -- it cannot be sold through general/hemp retail and must go through the WSLCB-licensed cannabis system (tested, tracked, labeled, 21+, taxed at the standard ~37% cannabis excise rate). The only carve-out for non-ingested, non-inhaled, no-blood-brain-barrier topicals at <=0.3% THC is the Cannabis Health and Beauty Aid (CHABA) category (RCW 69.50.575), which is exempt from cannabis-chapter regulation entirely. Net effect for hemp-derived delta-9: every ingestible/inhalable form is functionally illegal outside the licensed cannabis channel; only compliant topicals have a clear unlicensed-hemp path.

Controlling language, verbatim

'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

Source of excerpt

Citations

  1. RCW 69.50.101(8) -- 'Cannabis products' definition (added/amended by SB 5367, 2023) (Washington State Legislature (official RCW), 2026-07-18) PRIMARYOFFICIAL
  2. RCW 69.50.575 -- Cannabis health and beauty aids (CHABA) (Washington State Liquor and Cannabis Board (quoting official RCW text), 2026-07-18) PRIMARYOFFICIAL
  3. RCW 69.50.575 PRIMARYOFFICIAL
  4. Intoxicating Hemp Products (Research Brief) (Washington State Liquor and Cannabis Board, 2026-01-12)OFFICIAL
  5. E2SSB 5367 (2023) -- hemp/cannabis regulatory convergence (Washington State Legislature, 2026-07-18)OFFICIAL

Status by product form in Washington

FormStatusHeadlineVerified
Vape / inhalable IllegalHemp Delta-9 vape - illegal2026-10-22
Capsule / tablet IllegalHemp Delta-9 capsule - illegal2026-10-22
Beverage IllegalHemp Delta-9 drink - illegal2026-10-22
Edible / ingestible IllegalHemp Delta-9 edible - illegal2026-10-22
Flower / raw plant Gray areaHemp Delta-9 flower - restricted2026-10-22
Other RestrictedHemp Delta-9 other - restricted2026-10-22
Powder / bulk IllegalHemp Delta-9 powder - illegal2026-10-22
Raw material / RUO RestrictedHemp Delta-9 raw material - restricted2026-10-22
Tincture / sublingual IllegalHemp Delta-9 tincture - illegal2026-10-22
Topical RestrictedHemp Delta-9 topical - restricted2026-10-22

Where Delta-9 THC (hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Washington's 2 neighbors, Idaho is illegal; Oregon is restricted.

Map and neighbor comparison show vape / inhalable. Open the interactive map · Every compound in Washington

Federal posture

Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail

Pending deadlines

  • 2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.

Verbatim law on file for Washington

4 instruments on file for this compound's framework in Washington; 56 of 56 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

RCW 15.140.020 · Definitions -- Hemp (delta-9-only); Hemp consumable (includes inhalation)OFFICIAL
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
Fingerprint
8f2ff536faa0aba7
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.
RCW 69.50.101(4), (8)(a), (49); RCW 15.140.020 (SB 5367, 2023) · RCW 69.50.101(4), (8)(a), (49); RCW 15.140.020 (SB 5367, 2023)OFFICIAL
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
Fingerprint
f3042f0e75f2f10b
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.]
RCW 69.50.575 · 69.50.575. Cannabis health and beauty aids.OFFICIAL
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
Fingerprint
ddf002e2f91de129
(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.
RCW 69.50.575 (Cannabis health and beauty aids); RCW 69.50.101(8)(a) (cannabis product definition -- detectable-THC trigger) · Cannabis product definitionOFFICIAL
Instrument
Cannabis product definition
Source
https://app.leg.wa.gov/rcw/default.aspx?cite=69.50.575
Retrieved
2026-10-07
Fingerprint
03e1ee28695e3aab
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.

Related

Delta-9 THC (hemp-derived) in neighboring states

Delta-9 THC (hemp-derived) in other states

Same framework in Washington

Other compounds in Washington

Cite this page

Compound Analytics. "Is Delta-9 THC (hemp-derived) Legal in Washington? (2026)." Compound Laws, https://compoundlaws.com/compounds/d9/washington/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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