Is CBD Legal in Washington State? Hemp and CBD Rules in 2026

In short

As of November 3, 2026, Washington State treats any product meant to be eaten, inhaled, or absorbed that has any detectable THC as a "cannabis product." Only licensed cannabis retailers may sell these products, even when they are made from hemp. This has been the rule since a 2023 state law.^{[1, 2, 3]}

State law says hemp extract is not an approved food ingredient in Washington until it is federally authorized for use as a food ingredient. The Washington State Department of Agriculture also says CBD may not be sold in ingestible products, including CBD gummies, tinctures, foods, drinks, and vapes. The department says CBD topicals are allowed, and so are foods made with hulled hemp seed, hemp seed protein, or hemp seed oil.^{[4, 5, 6, 7, 8]}

Washington has had adult-use cannabis since 2012, licensed by the Liquor and Cannabis Board. Licensed stores serve adults 21 and older. Synthetic cannabinoids, other than FDA-approved products, are banned.^{[2, 9]}

At a glance

Hemp and cannabis in Washington law

Washington defines hemp as the plant Cannabis sativa L. and any part of it, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with no more than 0.3 percent delta-9 THC on a dry-weight basis. The Department of Agriculture has sole authority over hemp production.^{[10, 12]}

The state's cannabis law defines "THC concentration" as THC and THCA combined. Plant material above 0.3 percent on that measure is cannabis. The Department of Agriculture's hemp rules also measure hemp by total delta-9 THC, which counts THCA.^{[1, 11]}

A "cannabis product" is any product meant to be consumed or absorbed inside the body, by any means, that has any detectable amount of THC. Topical health and beauty aids and FDA-approved products are not included. According to the Liquor and Cannabis Board, this rule means hemp-derived THC products may be sold only by licensed cannabis retailers.^{[1, 3, 8]}

CBD products: what state law and the Department of Agriculture allow

State law says the whole hemp plant may be used as food. It tells the Department of Agriculture to regulate the processing of hemp for food products "that are allowable under federal law." A separate state law, passed in 2021, says hemp extract is not an approved food ingredient in Washington until it is federally authorized for use as a food ingredient. Hulled hemp seed and other hemp seed ingredients that the FDA recognizes as safe do not count as hemp extract.^{[4, 5, 12, 18]}

The Department of Agriculture says CBD is not allowed as a food ingredient. Licensed food processors may use hulled hemp seeds, hemp seed protein, and hemp seed oil. In a 2019 statement, the department explained that if the FDA approves CBD as a food ingredient, that use would also be allowed under state law.^{[4, 7, 19]}

The department's position reaches beyond food. It says cannabinoid oils such as CBD oil cannot be sold in ingestible products in Washington. Its list includes CBD gummies, candies, tinctures, foods, beverages, joints, and vapes.^[6]

The department's FAQ says CBD topical products are allowed, but nothing smokable, consumed, inserted, or ingested. State law exempts topicals that meet its definition of "cannabis health and beauty aids": they are for topical use only, contain no more than 0.3 percent THC, do not cross the blood-brain barrier, and are not meant to be ingested.^{[7, 8]}

Delta-8 and other intoxicating hemp products

Engrossed Second Substitute Senate Bill 5367 was signed on May 9, 2023, and took effect July 23, 2023. It bars making or selling cannabis products without a license, except as the law allows, including under a cannabis agreement between the state and a tribe. It also bans producing, processing, manufacturing, or selling any synthetically derived or completely synthetic cannabinoid, except FDA-approved products.^[2]

The Liquor and Cannabis Board says it is illegal for unlicensed stores to sell products with any detectable THC, including hemp-derived and synthetic THC such as delta-8 THC. It notes that such products had been sold in convenience stores and smoke shops, advertised as delta-8, delta-10, or THC-O. It adds that products sold online from other states are still considered illegal.^[3]

Inside the licensed market, cannabis-infused products are limited to 10 mg of delta-9 THC per serving. Any other single THC compound is limited to 0.5 mg per serving, and all other THC compounds combined to 1.0 mg per serving. A package meant to be eaten or swallowed may hold no more than 100 mg of delta-9 THC.^[15]

House Bill 2740 (2026), on hemp-derived cannabinoid products, was referred to committee on February 24, 2026. It is a bill, not law, and it had not passed as of November 3, 2026.^[20]

Washington's licensed cannabis market

Voters approved Initiative 502 on November 6, 2012, which legalized adult-use cannabis. The Liquor and Cannabis Board licenses producers, processors, and retailers.^{[1, 9]}

People under 21 may not enter a licensed store. Medical patients aged 18 to 21 with a recognition card may shop at stores with a medical endorsement.^[9]

Licensed producers and processors may add CBD from an unlicensed source if it is not cannabis, is not synthetic, and has been tested for contaminants by an accredited lab. Labels must show lot numbers, THC and CBD concentration, and health risk information. They may not be false, misleading, or especially appealing to children.^{[13, 14]}

How the 2026 federal changes may fit

Washington's hemp law repeats the 2018 federal definition and refers to the 2018 federal law (P.L. 115-334) for its hemp program. The state's licensing rule for products with detectable THC and its ban on synthetic cannabinoids are written in state law.^{[2, 10]}

From November 12, 2026, the federal hemp definition excludes hemp-derived cannabinoid products that contain cannabinoids a cannabis plant cannot naturally make. The rest of the federal change is set for December 11, 2026, unless Congress delays it again. That includes excluding cannabinoids made outside the plant, counting total THC (THCA included), and a 0.4 mg total THC limit per container for final products.^{[16, 17]}

In our reading, Washington already keeps most of these products in the licensed market, so the federal change may matter most for hemp ingredients and goods that cross state lines. The Department of Agriculture's hemp page tells people to research "the upcoming federal changes on ingestible manufactured hemp products" before getting a hemp license, but it gives no dates. As of November 3, 2026, we found no Washington guidance that names the November 12 or December 11 dates.^{[2, 3, 6]}

What changes next

1. November 12, 2026

   Federal change on cannabinoids the plant cannot naturally make

   From November 12, 2026, hemp products with cannabinoids that a cannabis plant cannot naturally make fall outside the federal hemp definition. Washington already bans synthetic cannabinoids, except FDA-approved products.^{[2, 16, 17]}

2. December 11, 2026

   Rest of the federal hemp change

   The remaining federal changes, including excluding cannabinoids made outside the plant, counting total THC, and the 0.4 mg total THC per container limit, are set for December 11, 2026, unless Congress delays them again.^{[16, 17]}

Who regulates hemp and CBD

• Washington State Liquor and Cannabis Board (LCB): Licenses cannabis producers, processors, and retailers and enforces the rule that products with detectable THC may be sold only by licensees.
• Washington State Department of Agriculture, Hemp Program: Licenses hemp growers, registers hemp processors, and regulates hemp in food.

Timeline

1. November 6, 2012

   Voters approve Initiative 502

   Initiative 502 legalized adult-use cannabis in Washington under a state license system.^[1]

2. April 26, 2019

   New hemp program law takes effect

   The 2019 hemp law (chapter 15.140 RCW) took effect at once. It created a hemp program run by the Department of Agriculture under the 2018 federal law.^[12]

3. July 25, 2021

   Hemp extract kept out of food

   A 2021 state law took effect. It says hemp extract is not an approved food ingredient in Washington until federal law authorizes it, and lets processors get a state certification to make hemp extract for other states.^{[4, 18, 21]}

4. May 9, 2023

   Senate Bill 5367 signed

   The law limits sales of products with any detectable THC to licensed cannabis retailers and bans synthetic cannabinoids, except FDA-approved products.^[2]

5. July 23, 2023

   Senate Bill 5367 takes effect

   Unlicensed stores may no longer sell delta-8 and other products with detectable THC.^{[2, 3]}

6. January 7, 2025

   Updated serving limits for cannabis edibles

   The board's rule caps other THC compounds at 0.5 mg each and 1.0 mg combined per serving, alongside the 10 mg delta-9 THC limit.^[15]

7. February 24, 2026

   Hemp-derived cannabinoid bill sent to committee

   House Bill 2740 was referred to committee. It is a bill, not law, and it had not passed as of November 3, 2026.^[20]

Sources

Other states

CBD in the United States · Alabama · Alaska · Arizona · Arkansas · California · Colorado · Delaware · District of Columbia · Florida · Georgia · Illinois · Iowa · Kansas · Maine · Maryland · Minnesota · Mississippi · Montana · New Jersey · New York · North Dakota · Oklahoma · Pennsylvania · South Carolina · South Dakota · Texas · Virginia · West Virginia · Wyoming · CBD laws by country

About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.