Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Government Accountability & Oversight Committee

HB 2056

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Correcting the definition of THC concentration as adopted by Initiative Measure No. 502 to avoid an implication that conversion, by combustion, of tetrahydrocannabinol acid into delta-9 tetrahydrocannabinol is not part of the THC content that differentiates marijuana from hemp.

Brief Summary of Bill

Amends the definition of "THC concentration" to include the total THC content (both delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid), for the purposes of determining whether a substance is marijuana.

Background:

Two chemical compounds that are naturally present in the cannabis plant are delta-9 tetrahydrocannabinol (delta-9 THC) and tetrahydrocannabinolic acid (THCA). Delta-9 THC is the compound that provides the psychoactive effects of marijuana. THCA is the precursor of delta-9 THC in the cannabis plant.

To some degree, THCA converts to delta-9 THC over time with drying. However, progressive conversion of THCA to delta-9 THC occurs under intense heating, such as when the plant is smoked or baked.

Initiative 502 changed the definition of marijuana under the Uniformed Controlled Substances Act to specify that marijuana means all parts of the cannabis plant "with a THC concentration greater than 0.3 percent on a dry weight basis." Initiative 502 then defined "THC concentration" to mean the percent of delta-9 THC content per dry weight of any part of the cannabis plant. Therefore, based on the definitions, marijuana means a plant with a delta-9 THC greater than 0.3 percent.

The definition of THC concentration does not take into account the total THC content, which means it is possible that some plants with high total THC content (delta-9 THC plus THCA) would not meet the definition of marijuana.

Summary of Bill:

The definition of "THC concentration" is amended to include the combined percent of delta-9 THC and THCA, regardless of moisture content. Therefore, when determining whether a substance is marijuana the total THC concentration could be considered.