Washington Marijuana Laws

Introduction

Washington marijuana laws have undergone significant changes since the state legalized both medical and recreational use. As one of the first states to embrace cannabis legalization, Washington has established a comprehensive regulatory framework governing all aspects of marijuana cultivation, processing, sale, and consumption. While the state allows adults to purchase and possess limited amounts of marijuana, strict regulations remain in place to ensure public safety and responsible use. Both marijuana businesses and consumers must navigate a complex landscape of laws that continue to evolve.

Overview of Marijuana Laws

• Washington legalized medical marijuana in 1998 and recreational marijuana in 2012. The state allows adults 21 and older to purchase and possess limited amounts of marijuana for personal use. The production, processing, and sale of marijuana are regulated by the Washington State Liquor and Cannabis Board (WSLCB).

Recreational Marijuana Laws

• Current Status: Recreational marijuana is legal for adults 21 and older in Washington.
• How to Legally Obtain Recreational Marijuana: Adults can purchase marijuana from licensed retail stores. Possession is limited to 1 ounce of usable marijuana, 16 ounces of solid marijuana-infused products, 72 ounces of liquid marijuana-infused products, and 7 grams of marijuana concentrates.

Medical Marijuana in Washington

• Eligibility and Requirements: Patients with qualifying medical conditions can use marijuana for medicinal purposes. Qualifying conditions include cancer, HIV/AIDS, epilepsy, glaucoma, and chronic pain, among others.
• How to Obtain a Medical Marijuana Card: Patients must obtain an authorization from a healthcare practitioner and register with the state’s medical marijuana database to receive a medical marijuana card.

Business Licensing for Marijuana Operations

• Types of Licenses Required: The WSLCB issues licenses for producers, processors, and retailers. All marijuana businesses must also obtain a general business license from the state.
• Application Process: Applicants must submit detailed business plans, undergo background checks, and meet strict security and operational requirements. The application process is competitive and subject to caps on the number of licenses issued.

Taxation of Marijuana Products

• Sales Tax and Excise Tax: Recreational marijuana is subject to a 37% excise tax, in addition to state and local sales taxes. Medical marijuana is exempt from sales tax but not from the excise tax.

Recent and Upcoming Marijuana Legislation

• Recent Changes in the Law: Washington recently passed a law protecting job applicants from discrimination based on off-duty marijuana use, effective January 1, 2024.
• Proposed Legislation and Potential Impact: There are ongoing discussions about social equity in the cannabis industry and potential changes to licensing and regulatory frameworks.

Penalties for Violating Marijuana Laws

• Legal Consequences for Possession: Possession of more than the legal limit is a misdemeanor. Possession by minors is illegal and can result in fines and mandatory drug counseling.
• Penalties for Illegal Sales or Distribution: Unlicensed production or sale of marijuana is a felony, with penalties including fines and imprisonment.

Regulations for Marijuana Sales and Distribution

• Retail Sales Regulations: Retailers must verify customer age, cannot sell to visibly intoxicated individuals, and must follow strict packaging and labeling requirements.
• Distribution and Supply Chain Requirements: All marijuana products must be tracked from seed to sale using the state’s traceability system.
• Compliance with State and Local Laws: Businesses must comply with both state regulations and local zoning laws, which may restrict where marijuana businesses can operate.

Personal Use and Possession Regulations

• Limits on Possession: Adults 21 and over can possess up to 1 ounce of usable marijuana, 16 ounces of solid marijuana-infused products, 72 ounces of liquid marijuana-infused products, and 7 grams of marijuana concentrates.
• Public Use Restrictions: Consuming marijuana in public view is illegal and can result in civil penalties.

Hemp Business Legality in Washington

• Legalization Date: Hemp was legalized in Washington in 2018, in line with federal law.
• Licensing Requirements: Hemp producers must obtain a license from the Washington State Department of Agriculture.
• Regulatory Compliance: Hemp must contain less than 0.3% THC and comply with state and federal regulations regarding cultivation, processing, and sale.

Frequently Asked Questions

Can I grow marijuana at home in Washington?

Recreational home growing is not permitted in Washington. Only registered medical marijuana patients are allowed to cultivate a limited number of plants at home.

Did Washington legalize marijuana?

Yes, Washington state has legalized marijuana for both medical and recreational use. Medical marijuana was legalized in 1998, while recreational use was approved by voters in 2012 through Initiative 502. Adults 21 and over can legally possess limited amounts of marijuana and marijuana products, but public use and driving under the influence remain illegal.

What health conditions qualify patients for medical cannabis use in Washington State?

Washington State recognizes 12 qualifying conditions for medical cannabis use. These include cancer, HIV/AIDS, multiple sclerosis, epilepsy or other seizure disorders, spasticity disorders, intractable pain, glaucoma, Crohn’s disease, hepatitis C, and diseases that cause nausea, vomiting, appetite loss, or muscle spasms when these symptoms are unrelieved by standard treatments. Additionally, post-traumatic stress disorder (PTSD) and traumatic brain injury are included in the list of qualifying conditions. Patients with these conditions may be eligible for medical cannabis recommendations from qualified healthcare practitioners in Washington State.

Are out-of-state medical marijuana cards valid in Washington?

Washington does not accept out-of-state medical marijuana cards. Only patients who are registered in Washington’s medical marijuana database can access medical marijuana products.

Can employers drug test for marijuana in Washington?

Yes, employers can conduct drug tests for marijuana. However, a new law effective January 1, 2024, prevents most employers from discriminating against job applicants based on off-duty marijuana use.

What are the laws on marijuana possession in Washington state?

In Washington state, adults 21 and over can legally possess up to 1 ounce of marijuana, 16 ounces of marijuana-infused solids, 72 ounces of marijuana-infused liquids, and 7 grams of concentrates. Public use is prohibited, and driving under the influence is illegal. Possession limits are higher for registered medical marijuana patients, while any possession is illegal for those under 21 unless medically authorized.

Can I take marijuana across Washington state lines?

Transporting marijuana across state lines is illegal, even to states where it is legal. This action violates federal law, which still classifies marijuana as a controlled substance.

Are marijuana deliveries legal in Washington?

No, marijuana delivery services are not allowed in Washington. Consumers must purchase marijuana directly from licensed retail stores.

What are the rules for marijuana advertising in Washington?

Marijuana advertising is strictly regulated and cannot occur on public property or within 1,000 feet of schools and youth facilities. Additionally, ads must not target minors.

Can landlords in Washington prohibit marijuana use on their property?

Yes, landlords have the right to prohibit marijuana use and cultivation on their properties, including for medical marijuana patients. This is within their rights as property owners.

Are there limits on THC content in Washington marijuana?

Currently, there are no specific THC potency limits for marijuana products sold in Washington. However, some lawmakers have proposed legislation to impose caps on THC levels.

Is it illegal to drive high on marijuana in Washington state?

Yes, it is illegal to drive while under the influence of marijuana in Washington state. The legal limit is 5 nanograms of THC per milliliter of blood for drivers 21 and over, and any detectable amount for drivers under 21. Driving while impaired by marijuana can result in a DUI charge, with penalties similar to those for alcohol-related DUIs.

Can I use marijuana on federal lands in Washington?

No, marijuana use is illegal on all federal lands, including national parks and forests, regardless of state laws. This is due to federal regulations that prohibit marijuana use.

Conclusion

Washington marijuana regulations are among the most progressive in the nation, but they require careful attention to detail from both businesses and consumers. The state’s approach balances permissive personal use with strict oversight of the cannabis industry. Key aspects of Washington marijuana law include age restrictions, possession limits, licensing requirements for businesses, and prohibitions on public consumption. As the legal landscape continues to shift, staying informed about current Washington marijuana laws and pending legislation is crucial for anyone involved in the state’s cannabis market. By understanding and adhering to these regulations, businesses can operate successfully while consumers can enjoy legal access to marijuana products safely and responsibly.