Washington law authorizes the licensed production, processing, and retail sale of cannabis. State law also allows persons 21 years of age and older to possess and deliver limited amounts of cannabis and cannabis products for noncommercial purposes.

Outside of authorized programs, the manufacture and possession of controlled substances, including cannabis, is generally prohibited under the Uniform Controlled Substances Act.

Medical cannabis laws provide separate authorizations for qualifying patients and designated providers, including authorizations related to cannabis plants. State law provides for seizure and forfeiture of property related to controlled substance violations, including standards for forfeiture of real property based on cannabis-related activity.

Home Cultivation Authorization. A person 21 years of age or older may produce and possess up to six cannabis plants, and the cannabis and cannabis products derived from those plants, on the premises of the housing unit occupied by the person. No more than 15 plants may be produced at any one time on the premises of a single housing unit, regardless of the number of residents living on the premises.

Visibility and Odor Restrictions. A class 3 civil infraction applies when a person produces or knowingly possesses plants, cannabis, or cannabis products derived from those plants, as otherwise authorized, and the plants, cannabis, or cannabis products can be readily smelled from a public place or the private property of another housing unit, or are visible within the ordinary public view.

Penalties for Exceeding Plant Limits. A class 1 civil infraction applies when a person produces and knowingly possesses more than six but fewer than 16 plants, unless otherwise authorized under commercial or medical cannabis law. A class C felony applies when a person produces and knowingly possesses 16 or more plants, unless otherwise authorized under commercial or medical cannabis law.

Enforcement and Liquor and Cannabis Board Authority. An investigating law enforcement officer or agency may seize and summarily destroy plants produced or possessed in excess of the six-plant limit when the person is not otherwise authorized to produce and possess the additional plants under commercial or medical cannabis law. The Liquor and Cannabis Board (LCB) has no authority or responsibility to investigate or enforce the home cultivation requirements. LCB’s authority to enforce state laws related to commercial cannabis production, processing, or sales is not limited when there is evidence of a violation of other state controlled substances law provisions.

Extraction and Processing. Extraction or separation of resin from cannabis and production or processing of cannabis concentrates or cannabis-infused products must be performed in accordance with rules adopted under medical cannabis law.

Additional Limitations. The home cultivation authorization does not apply in a housing unit used by a family day care provider to provide early childhood education and early learning services or used as a foster family home. The authorization also does not apply to a person supervised for a criminal conviction when the supervising corrections agency or department, including local governments or jails, determines the home cultivation provisions are inconsistent with and contrary to the person’s supervision. Nothing prevents or restricts a property owner from prohibiting cultivation by a renter or lessee upon or within the property under the terms of a rental agreement, lease, or other contract.

Definitions. For purposes of the controlled substances possession statute, the bill defines housing unit—by reference to medical cannabis law, ordinary public view, public place, and use of a controlled substance. The definition of cannabis products in the Uniform Controlled Substances Act is expanded to include any product containing only THC content.

Forfeiture of Real Property. Real property forfeiture based on cannabis-related activity is limited to cases in which the cannabis is possessed for commercial purposes that are unlawful under Washington State law, the amount possessed is 16 or more plants or, except as authorized under the home cultivation provision, one pound or more of cannabis, and a substantial nexus exists between the possession of cannabis and the real property. The offender’s intent is determined by a preponderance of the evidence, including:

• the offender’s prior criminal history;
• the amount of cannabis possessed by the offender;
• the sophistication of the activity or equipment used by the offender;
• whether the offender was licensed to produce, process, or sell cannabis or was an employee of a licensed producer, processor, or retailer, and
• other evidence demonstrating the offender’s intent to engage in unlawful commercial activity.

Net proceeds from forfeited property are distributed so that each seizing agency must remit 10 percent of net proceeds for deposit into the Behavioral Health Loan Repayment and Scholarship Program Account through June 30, 2027, and into the state general fund thereafter.

Other. Local bans or moratoria authorized under existing cannabis statutes remain unchanged. No civil or criminal liability may be imposed on the state or local governments, or their officers and employees, for actions taken in good faith under state controlled substances law provisions and within the scope of assigned duties.

The controlled substances manufacture, delivery, and possession with intent statute is amended to recognize an exception for conduct authorized under the home cultivation provision.