Definitions in the Uniform Controlled Substances Act and Hemp Statutes.
The following definitions currently apply in the Uniform Controlled Substances Act (UCSA):
In hemp statutes, "hemp" is defined as the plant Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis.
Cannabidiol Additives in Regulated Cannabis Products.
A 2018 law authorizes licensed cannabis producers and processors to use a CBD product as an additive for the purpose of enhancing the CBD concentration of a product. Such a CBD product must be lawfully produced by, or purchased from, a licensed cannabis producer or processor, or may be obtained from an unlicensed source provided the CBD product has a THC level of 0.3 percent or less on a dry weight basis and has been tested for contaminants and toxins by an accredited testing laboratory. The Washington State Liquor and Cannabis Board (LCB) has rule-making authority to adopt rules pertaining to laboratory testing and product safety standards for CBD products used by licensed producers and processors.
Labeling Requirements for Cannabis Products.
The label on a cannabis product container must include information including the business or trade name and Washington Unified Business Identifier Business Number of the producer and processor, the lot numbers of the product, the THC and CBD concentration of the product, medically and scientifically accurate and reliable information about the health and safety risks posed by cannabis use, the statement "Warning—May be habit forming," other warnings required by the LCB, and if a structure or function claim is made then a disclaimer that the statement has not been evaluated by the State of Washington and that the product is not intended to diagnose, treat, cure, or prevent any disease. Cannabis product labels also may not be false or misleading or especially appealing to children.
Manufacturing, Distributing, or Selling Controlled Substances.
The LCB licenses and regulates cannabis producers, processors, and retailers who may engage in specific activities related to producing, processing, or selling cannabis pursuant to Initiative 502 (2012) and the UCSA. Cannabis is a controlled substance under the UCSA. Both the LCB and the Pharmacy Quality Assurance Commission (Commission) are granted authority in the UCSA over different activities. The LCB is the primary regulatory agency of the commercial cannabis market. Under the UCSA, the Commission has general authority to adopt rules and the Department of Health may charge reasonable fees, relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within Washington.
Hemp Legalization.
Hemp became federally legal pursuant to the federal Agriculture Improvement Act of 2018. The law removed hemp from the federal Controlled Substances Act, declared hemp a legal commodity, and authorized state and tribal hemp programs. Federal law defines "hemp" as 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 THC concentration of not more than 0.3 percent on a dry weight basis. In 2019, Washington enacted a state hemp law to require the Washington State Department of Agriculture to develop an agricultural commodity program regulating hemp production. The WSDA licenses hemp producers and registers hemp processors under the law.
Definitions in the Uniform Controlled Substances Act and in Hemp Statutes.
A definition of "hemp consumable" is added to hemp statutes. The term means a product that is not a cannabis product and is intended to be consumed or absorbed inside the body by any means, including inhalation, ingestion, or insertion, that is sold or provided to another person with a tetrahydrocannabinol (THC) concentration of not more than: (1) one milligram of THC per unit; and (2) three milligrams of THC in a package of product.
The definition of "cannabis" in the Uniform Controlled Substances Act (UCSA) is modified to remove certain references to seeds, resin, compounds, and derivatives, to define "cannabis" as all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis during the growing cycle through harvest and useable cannabis. "Cannabis" does not include hemp or industrial hemp, or seeds used for licensed hemp production.
The definition of "cannabis products" in the UCSA is modified to also include any product intended to be consumed or absorbed inside the body by any means including inhalation, ingestion, or insertion, with a THC concentration of more than: (1) one milligram of THC per unit; and (2) three milligrams of THC in a package of product. Cannabis products do not include cannabis health and beauty aids or hemp consumables.
The definition of "THC concentration" in the UCSA is modified to: (1) remove the restriction that delta-9 THC is the only form of THC for purposes of determining THC concentration; (2) remove the requirement that THC concentration means the percent of THC content "per dry weight"; and (3) add that any hydrogenated or structural isomer forms of THC are included in the definition.
Definitions of "package" and "unit" are added to the UCSA. "Package" means a container that has a single unit or group of units. "Unit" means an individual consumable item within a package of one or more consumable items in solid, liquid, gas, or any form intended for human consumption.
Cannabidiol Additives in Cannabis Products.
The authorization for licensed cannabis producers and processors to use a cannabidiol (CBD) additive from a unlicensed source for the purpose of enhancing the CBD concentration of a product is modified, to provide that rather than requiring the additive to have a THC concentration of 0.3 percent or less on a dry weight basis, that the additive must not be cannabis, a cannabis product, or a hemp consumable.
Labeling Requirements for Cannabis Products.
The label on a cannabis product package is also required to include the amount of any synthetically derived CBD in the product sold or provided to the ultimate user. Terminology is changed from "product container" to "product package" in the context of cannabis labeling requirements.
Prohibition on Unlicensed Sales of Cannabis and Cannabis Products.
Unless otherwise authorized in law, no person may manufacture, sell, or distribute cannabis or cannabis products without a valid license issued by the Washington State Liquor and Cannabis Board or the Pharmacy Quality Assurance Commission. Violating this requirement is a violation of the UCSA.