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The 2018 Farm Bill legalized hemp nationwide, but some states, including Washington, have their own specific CBD laws. So, is CBD legal in Washington?
Yes, CBD derived from hemp is legal in the state; however, accessing legal CBD products in Washington can be challenging due to restrictions on the manufacture and sale of certain items.
To navigate the Washington CBD market effectively, it's important to understand the local regulations surrounding CBD oil in Washington state and the necessary requirements to purchase these products.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Washington?
Is full spectrum CBD legal in Washington?
Does Washington have a CBD possession limit?
Do you need a prescription for CBD in Washington?
Where to buy CBD in Washington? Can you buy CBD at 18 in Washington? Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Washington signed SB 6206 in 2016, which created an Industrial Hemp Research Program in accordance with the 2014 Farm Bill. After the 2018 Farm Bill passed into law, the state quickly passed SB 5276, a bill to further regulate and expand access to hemp agriculture in the state. Under this bill, CBD was officially legalized for consumers across the state, and hemp was established as a separate substance from marijuana.
However, the state quickly released new rules to ban many different CBD formulations in the state. In October of 2019, the state Department of Agriculture updated regulations to clarify that CBD cannot be used as an additive in foods, beverages, or dietary supplements. This is in line with the FDA’s current stance on CBD food items, and the same laws have been applied in other states, like California, Hawaii, and Minnesota.
There is no ban against CBD in topical applications. The state has no imposed legal penalty for the sale or possession of these consumable products but is actively working to remove unapproved products from the market.
In other words, CBD from hemp is legal in the state, but the types of products that can be made from CBD are heavily restricted. The state-approved the adult use of cannabis with Initiative 502 in 2012, however, which serves as a loophole for CBD access for many. Although not as common as THC preparations, some cannabis-derived CBD products, including consumables, are available in state-licensed dispensaries.
While hemp CBD cannot be made and sold in the state, there seems to be no penalty for the possession of products that meet federal regulations and are made according to legal guidelines. That means that users may shop out of state or online to find the CBD products they need.
It’s easy to assume that CBD isolate, which contains no THC, is legal in most places. Laws surrounding full spectrum products that contain some amount of THC are not always so clear. Washington law allows for CBD products to contain up to 0.3% THC, which means full spectrum CBD products are legal in the state.
There are no Washington state laws that define any possession limits for CBD products derived from hemp. Products that contain more than 0.3% THC are considered cannabis products by the state and are only available at licensed state dispensaries. These CBD products are subject to different possession limits and regulations.
There is no need for a prescription to access CBD products in Washington. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Various forms of CBD, especially CBD consumables, are prohibited in Washington. Other types of CBD and hemp products, like topicals and hemp seeds, may be available in local grocery markets or health stores. Some CBD oil products derived from cannabis may be accessible as a recreational cannabis product at state-licensed dispensaries.
Since CBD access is limited in Washington, many people choose to buy CBD online instead of locally.
There are multiple benefits to buying CBD online. Most significantly, you can get better oversight of the brand’s quality practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
CBD is theoretically accessible to all ages, particularly for its use in treating childhood illnesses, but some products, like smokable hemp flower and CBD vaporizers, may not be suitable for everyone.
In Washington, there are no specific age restrictions for buying hemp-derived CBD products; however, vendors often set their own minimum age, typically aligning with the 21-year limit for tobacco purchases.
Most CBD brands allow online orders for customers aged 18 and older, shipping legal CBD products directly to Washington.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Washington but is heavily restricted. Every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
CBD is still illegal in Idaho, Nebraska, and South Dakota, where stringent regulations prevent the sale and use of CBD products.
Yes, dispensaries are legal in Washington, where they sell both cannabis and hemp-derived CBD products to consumers.
No, a prescription is not required to purchase CBD products in Washington state, as they are available over the counter.
No, the sale of CBD drinks is prohibited in Washington state, aligning with the state’s regulations on consumable CBD products.
No, CBD gummies are not legal in Washington state due to regulations that restrict the sale of consumable CBD products.
No, CBD gummies are not legal in Washington (WA) as they fall under the prohibited consumable CBD products.
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