Washington law regulates commercial cannabis production, processing, and sales and establishes three primary categories of cannabis products sold at retail. The product categories are the following:
"THC concentration" is defined as the percent of delta-9 THC content per dry weight of any part of the plant Cannabis, or per volume or weight of cannabis product, or the combined percent of delta-9 THC and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.
In addition to selling limited amounts of cannabis products to adults age 21 and over, cannabis retailers who hold a medical cannabis endorsement may also sell cannabis for medical use to qualifying patients and designated providers. To qualify for the medical use of cannabis a person must be a patient of a health care professional who is diagnosed as having a qualifying terminal or debilitating medical condition, is advised about the risks and benefits of the medical use of cannabis and that they may benefit from the medical use of cannabis, and is issued an authorization form signed by the person's health care professional.
Once a person has a completed authorization form, the person may choose to participate in the Database and be issued a recognition card by visiting a cannabis retailer with a medical endorsement, presenting their completed authorization form to a certified medical cannabis consultant, and opting in to the Database. Holding a recognition card authorizes the purchase and possession of three times more cannabis products than otherwise allowed.
Holding a recognition card also allows production of a greater number of cannabis plants than otherwise allowed for qualifying patients and designated providers. Patients and providers who are in the Database and who hold a valid recognition card may also purchase high-THC cannabis-infused products, meeting standards established by the Department of Health that are otherwise unavailable to adults age 21 and over. Additionally, there is a sales and use tax exemption on purchases of cannabis products for qualifying patients and designated providers entered in the Database with a valid recognition card.
Legislative findings and intent are included. New restrictions are added to the sale of the cannabis concentrate category of products. Generally, cannabis retail outlets are prohibited from selling cannabis concentrates with a THC concentration greater than 35 percent.
However, an exception is provided for cannabis retail outlets with a medical cannabis endorsement. Retailers with the medical cannabis endorsement may continue to sell cannabis concentrates with a THC concentration greater than 35 percent, but only to qualifying patients and designated providers who are entered in the Database and who hold a valid recognition card.
It is provided that a cannabis processor may process, package, possess, deliver, distribute, and sell cannabis concentrates with a THC concentration greater than 35 percent only when the cannabis concentrates are intended for sale to a cannabis retailer with a medical cannabis endorsement who will sell the products at retail as authorized in the bill.