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Washington Releases Rules Guidance on SB 5367 (Products Containing THC)

The Washington State Liquor and Cannabis Board (WSLCB) released a rules guide on July 14, “outlining regulations of products containing THC”. The guide is titled “Discontinued Sales of Products Containing THC by Businesses that Do Not Hold a Cannabis License” and it relates to recently enacted SB 5367, which we’ve been following closely.

As we explained here, SB 5367 redefined “cannabis product” to include products with any detectable amount of THC. This is a significant departure from the status quo that allowed ordinary retailers without a WSLCB licensed cannabis retail license (e.g. convenience stores, online sellers) to sell products that contained 0.3% or less THC. A large number of these products — mostly hemp-derived CBD products — are currently on shelves in stores without cannabis licenses all over the state.

SB 5367 is effective July 23 and there were serious open questions from the bill that needed to be answered. Some of them now have been…kind of.

Licensure required to “manufacture, sell, and distribute” products with THC content, or else

We already had confirmation from the WSLCB that products containing 0.3% or less THC are now going to be considered cannabis products and only available for sale by licensed cannabis

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