Is THCA legal in Washington? Washington hemp, CBD and kratom laws

The law in Washington

Washington draws its line at detection, not at a milligram figure. Engrossed Second Substitute Senate Bill 5367, requested by the Liquor and Cannabis Board, approved on May 9, 2023 and effective July 23, 2023, rewrote the definition of a cannabis product in RCW 69.50.101 to include any product meant to be consumed or absorbed inside the body, whether inhaled, ingested or inserted, with any detectable amount of THC, and any product containing only THC.

The same law added a section to chapter 69.50 saying no one may make, sell or distribute cannabis products without a license from the board, unless a state agreement with a Tribe allows it. The board's own summary of the change is short: only licensed cannabis retailers may sell products with detectable levels of THC to consumers.

1. May 9, 2023The Governor approves E2SSB 5367, chapter 365 of the Laws of 2023, on products containing THC.
2. July 23, 2023The law takes effect: products for the body with any detectable THC become cannabis products, and synthetic cannabinoids are barred.
3. August 26, 2026The Department of Health reports a federal temporary ban on three lab-made kratom compounds; 7-hydroxymitragynine stays unscheduled.
4. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA and delta-8

Before 2023, Washington measured delta-9 THC alone. The 2023 law struck "delta-9" from the definition of THC concentration, which now means the percent of THC in the plant or in a product, or the combined percent of THC and THCA in the plant. Cannabis is the plant with a THC concentration over 0.3 percent on a dry weight basis, from the growing cycle through harvest and in dried flower, so THCA flower over that line is cannabis.

Hemp is still defined in RCW 15.140.020 by its delta-9 THC, at no more than 0.3 percent on a dry weight basis, and the postharvest test is run on ground whole plant samples without heat. Even within that line, a hemp product meant to be smoked or eaten with any detectable THC falls under the cannabis product definition.

The Liquor and Cannabis Board says products advertised as delta-8 THC, delta-10 THC or THC-O are illegal for unlicensed stores to sell, and that those still sold online from other states are still considered illegal. Section 5 of the 2023 law also bars producing, processing, making or selling any synthetically derived or completely synthetic cannabinoid, except in a product approved by the FDA.

1. CBD Softgels Extra StrengthNeurogan$0.013/mg
2. CBD Isolate Gummies, 150mg, LemonLazarus Naturals$0.013/mg
3. Multicannabinoid OilNuLeaf Naturals$0.028/mg
4. CBD Oils 2000 mg: UnflavoredIrwin Naturals$0.034/mg
5. CBD Gummies with Melatonin for SleepCBDfx$0.037/mg
6. Lemonade Full Spectrum CBD Tincture, 1,500 mgMedRoots$0.040/mg

Age, licenses and labels

Licensed cannabis retail outlets may not let anyone under 21 enter, except qualifying patients 18 to 20 with a recognition card at a store with a medical endorsement, under RCW 69.50.357, and they may sell only cannabis products and the paraphernalia to store or use them. Labels on cannabis products sold at retail must show the THC and CBD concentration, the lot numbers and the producer and processor, under RCW 69.50.346.

Hemp growing sits with the Department of Agriculture, whose hemp FAQ says growers need a hemp producer license and that processor registration is not a form of licensure.

CBD in food and topicals

The Department of Agriculture's hemp FAQ says the FDA and the department do not permit CBD to be added to food and drinks, and that CBD topical products are allowed but nothing smokable, consumed, inserted or ingested is permitted in Washington. Chapter 15.140 defines a hemp consumable as a hemp product that is not a cannabis product and is meant to be taken into the body; we found no Washington statute or rule that authorizes selling one with CBD.

Topicals have their own exemption. RCW 69.50.575 frees a cannabis health and beauty aid from the cannabis rules if it is for topical use only, holds no more than 0.3 percent THC, does not cross the blood-brain barrier and is not meant to be eaten by people or animals. Inside the licensed market, RCW 69.50.326 lets cannabis producers and processors add CBD from an unlicensed source if it is not cannabis, not synthetic and has passed contaminant testing at an accredited laboratory.

Kratom, kava, amanita and spores

The Department of Health says whole-leaf kratom and other unscheduled products, including 7-hydroxymitragynine, are still legal and largely unregulated in Washington, with no age limit, labeling, packaging or testing rule, and that several state bills to regulate kratom have not passed. It notes that some local governments and Tribes have banned some forms, and that 7-hydroxymitragynine was still federally unscheduled as of November 4, 2026.

Psilocybin and psilocyn are Schedule I under RCW 69.50.204. We found no Washington statute naming kava, amanita muscaria or its compounds, or mushroom spores.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.