S-3558.4

SENATE BILL 5951

BySenators Hasegawa and Van De Wege

AN ACT Relating to agricultural hemp products to ensure the safe implementation of Washington state's industrial hemp program; adding a new section to chapter 15.140 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1. A new section is added to chapter 15.140 RCW to read as follows:

(1)(a) Notwithstanding subsection (4) of this section, no person may knowingly sell or offer for sale any hemp cannabinoid product that is marketed or labeled as "CBD" or any other class B cannabinoid if the hemp cannabinoid product has less than the marketed or labeled concentration of CBD or any other class B cannabinoid or does not contain CBD or any other class B cannabinoid.

(b) Such a representation can be made orally or in writing, or by display of a sign, mark, insignia, or simulation.

(2) A violation of this section constitutes a violation of the consumer protection act, chapter 19.86 RCW.

(3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "CBD" has the same meaning as "CBD product" as defined in RCW 69.50.101(e).

(b) "Class A cannabinoid" is a substance that meets the following structural and functional criteria:

(i) The substance exhibits the structural backbone of tetrahydrocannabinols and tetrahydrocannabinol-like (THC-like) molecules that include the interconnected three-ring system of a: Six-carbon aromatic ring; pyran ring; and cyclohexene ring. Known compounds that fit the description provided in this subsection (3)(b)(i) include:

(A) Tetrahydrocannabinols – a single double-bond in the C ring:

(I) Delta-10-THC and isomers;

(II) Delta-9-THC and isomers;

(III) Delta-8-THC and isomers;

(IV) Delta-7-THC and isomers;

(V) Delta-6a-THC and isomers; and

(VI) Delta-10a-THC and isomers;

(B) Carboxylates (C-2 and C-4) of tetrahydrocannabinols:

(I) Delta-9-THCA acid (Delta-9-THCA);

(II) Similar carboxylates of Delta-9-THCA for tetrahydrocannabinols in (b)(i)(A)(I) through (VI) of this subsection; and

(III) Carboxylate esters in (b)(i)(A)(I) through (VI) of this subsection;

(C) Alkyl analogues (C-3) of tetrahydrocannabinols:

(I) Delta-9-THCP (Delta-9-tetrahydrocannabiphorol) and n-alkyl analogues;

(II) Similar alkylated analogues of Delta-9-THC for tetrahydrocannabinols in (b)(i)(A)(I) through (VI) of this subsection; and

(D) Hydroxylated analogues of tetrahydrocannabinols:

(I) 11-hydroxy-delta-9-THC and 8- and 10-hydroxy analogues; and

(II) Similar hydroxylated analogues of Delta-9-THC for tetrahydrocannabinols in (b)(i)(A)(I) through (VI) of this subsection;

(ii) Possesses significant CB1 agonist activity as demonstrable by binding affinity (Ki) to the CB1 receptors at less than 200 nM; and

(iii) Results in positive effects for all four components of the tetrad test in rodents or reliably causes functional impairment in humans as assayed by a method possessing scientific consensus.

(c) "Class B cannabinoid" means all hemp cannabinoids that do not meet the form and function of class A cannabinoids.

(d) "Hemp cannabinoid product" means any consumable class B product derived from hemp as defined in RCW 15.140.020, which explicitly or implicitly markets cannabinoid concentration or otherwise contains a cannabinoid or cannabinoids to a significant degree for human or animal consumption above two percent.

(e) "Person" includes individuals, partnerships, corporations, and associations.

(4) This section does not apply to products sold at a retail outlet licensed under RCW 69.50.325.

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