How is THC Legal in Washington State?

By Christine Bryant Darling, marketing and creative director

Have you ever wondered how it’s legal to purchase THC in Washington state? Take a trip through history with us to 2012, when legislation was passed in Washington to legalize recreational marijuana sales!

Photo by Esteban López.

Washington State Laws on Cannabis and THC

Washington Initiative 502 (or I-502) "on marijuana reform" was an initiative to the Washington State Legislature, which appeared on the November 2012 general ballot, passing by a margin of approximately 56 to 44 percent. 

Photo by the Seattle Times.

This initiative defined and legalized the possession of small amounts of marijuana-related products for adults 21 and over, established taxes on cannabis product sales, and designated the revenue received from cannabis sales for healthcare and substance-abuse prevention and education programs.

Although cannabis is still classified as a Schedule I controlled substance under federal law, Initiative 502 amended Washington state law to allow for the legal sale and consumption of cannabis and cannabis-based products, solely grown in Washington state. It is illegal to transport Washington-produced cannabis products out of Washington state.

The Washington State Liquor and Cannabis Board, or LCB, (formerly known as the “Liquor Control Board”) was given authority by the state legislature to adopt and enforce rules for the regulation of recreational marijuana producers, processors, and retail outlets.

Can producers or processors sell THC directly to customers?

Unlike most states with legal medical or recreational systems, Washington’s state rules currently prohibit individuals or groups that create cannabis products (known as “producers”) or process cannabis products (known as “processors'') from selling those products directly to an adult customer. 

Instead, all cannabis products that are produced and processed in Washington must be sold through a licensed retailer like Hashtag.

How does the LCB regulate THC sales in Washington state?

The LCB is responsible not only for approving all Marijuana Producer, Processor and Retailer licenses, but also for enforcing the laws governing the cannabis industry as they are written in the Revised Code of Washington (or RCW for short). The rules and guidelines they use to enforce these laws are written in Title 314 of the Washington Area Code (WAC 314-55, to be precise).

Under WAC 314-55, definitions for what a Producer, Processor and Retailer is in Washington state are set out, as well as additional rules and regulations that every Producer, Processor and Retailer must follow. Provided below are excerpts derived from those definitions:

Producers are licensed to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. Every product they produce is required by law to undergo THC potency testing, as well as pesticide testing. This information is also required to be made available to individuals or groups that purchase these products in a document known as a “Certificate of Analysis” (or COA for short). In addition to selling cannabis products to Processors and Retailers, Producers may purchase cannabis seeds and immature cannabis plants known as “clones” from seed banks or other Producers. 

Processors are licensed to process, package, and label marijuana into marijuana concentrates, usable marijuana, and marijuana-infused products for wholesale to marijuana retailers.

Retailers (like Hashtag) are licensed to sell marijuana concentrates, usable marijuana, and marijuana infused products in a retail outlet. 

What about medical cannabis in Washington state?

Washington law requires an additional medical marijuana endorsement for retail outlets that wish to sell medical-grade marijuana to medical marijuana patients.

As of June 2024, our Everett store has been medically endorsed, and our Seattle and Redmond stores will become medically endorsed as well by the end of summer 2024.

We’d love to meet you and share our passion for legal cannabis and THC with you at our stores, anytime!