To:               Cannabis Industry Members

From:           Chandra Brady, Enforcement and Education Div. Director

Subject:      Prohibited: conversion of CBD to delta-8 THC; purchase or sale of hemp-derived delta-8 THC

Enforcement Bulletin 21-03

This bulletin is offered in response to stakeholders who have requested additional guidance regarding delta-8 THC following the release of LCB Policy Statement #PS21-01 on April 28, 2021.

Policy Statement # PS21-01, Tetrahydrocannabinol (THC) compounds other than delta-9 and the conversion of CBD, hemp, or both to delta-8 THC, delta-9 THC, or any other cannabis compound that is not currently identified or defined in the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), or both.

Policy Statement #PS21-01 referenced that under RCW 69.50.204, delta-8 THC and synthetic equivalents are Schedule 1 controlled substances. Under current law, marijuana license holders are not allowed to produce or process delta-8 THC. Likewise, marijuana licensees may not buy or sell hemp-derived delta-8 THC. Engaging in this activity is a violation of the Uniform Controlled Substances Act (RCW 69.50.401).

 

What does this mean for licensees?

  • Processors are not allowed to convert CBD or hemp into delta-8 THC.
  • Processors are not allowed to buy or sell delta-8 THC products not legally produced.
  • Retailers should not knowingly purchase products from processors which contain delta-8 THC converted from CBD. Nor should retailers sell such products to consumers. 

How will WSLCB Enforcement and Education staff approach this in the field?

The Enforcement and Education team will approach this from an education-first perspective so we can help licensees achieve compliance. Our team has several tools to use to help; communication, basic education, administrative holds, warnings, notices to correct. If we identify licensees who are knowingly and intentionally violating rules and law or licensees who do not demonstrate a desire to achieve compliance, we will take appropriate enforcement action.

 

Are there any exceptions?

There are no exceptions.