FINAL BILL REPORT

EHB 2056

C 116 L 13

Synopsis as Enacted

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.

Sponsors: Representatives Hurst and Condotta.

House Committee on Government Accountability & Oversight

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. In the cannabis plant THCA is the precursor of delta-9 THC.

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 (I-502) changed the definition of marijuana under the Uniform 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. The I-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 less than 0.3 percent delta-9 THC but with a high total THC content (delta-9 THC plus THCA) would not meet the definition of marijuana.

Summary:

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.

Votes on Final Passage: