Is Delta 8 THC Legal in Washington?

Legality of buying Delta 8 THC in Washington

View all Delta 8 THC Legal States Information

In the State of Washington, Delta 8 THC is legal.  Unlike CBD, Delta 8 is psychoactive and will get you high. Learn about buying and selling D8 legally in WA now!

Washington State has been a THC-friendly state for many years.  Since marijuana has been legal, residents have needed to visit a local shop, but since the passage of the Farm Bill of 2018, residents also have the alternative option to popular Delta-9 legal store outlets as the psychoactive cannabinoid can be had in many ways throughout the state.  But when it comes to Delta 8, we went to the local laws to gain a better perspective for understanding whether Delta-8 THC is legal or not in Washington.


Yes, Delta 8 THC is legal in the State of Washington.

In Washington, Delta 8 is allowed. According to state law, Delta 8 is legal in Washington. Though, it's federally illegal due to the 2018 Farm Bill which made industrial hemp-derived products like CBD and Delta 8 THC legal (as long as the Delta 9 contents remain under .3% Delta-9 THC threshold), some US States have their own laws regarding these products in the State.

Current Washington Delta-8 Legislation

Under Washington law, hemp is defined as any product containing less than 0.3% Delta-9-THC by weight, including cannabinoids such as Delta-8 THC.

Looking to Senate Bill 5276, we find the following definition:

The federal Agriculture Improvement Act of 2018 changed certain federal authorities relating to producing and marketing hemp, defined as cannabis (Cannabis sativa L.), and derivatives of cannabis with extremely low—less than 0.3 percent on a dry weight basis—concentrations of the psychoactive compound delta-9-tetrahydrocannabinol (THC). These changes include allowing hemp cultivation with certain regulations and removing hemp from the Federal Controlled Substances Act.

Notice that Delta-8 THC isn't a type of THC which is prohibited. Therefore, Delta 8 is legal in the state.

Washington Industrial Hemp Act

It was SB 6206 which authorized the growth of industrial hemp in accordance with federal legislation that permits such activity as part of a state-authorized program. This new Industrial Hemp Program is overseen by the Washington State Department of Agriculture.

List of controlled substances

These amendments to state law also mean that hemp products are no longer considered a controlled substance. Retroactively, hemp and its derivatives, including Delta-8-THC are no longer classified as a “controlled substance” in the state.

Buying and Shipping Delta 8 in Washington

Since Delta 8 is legal in the State of Washington, residents can purchase products at the Delta 8 THC shop with a shipping address located in the state. Delta-8 THC is allowed in the State.

Border States to Washington:

Oregon and Idaho

Advocacy Groups in Washington Supporting Delta 8 and Hemp Laws

Washingtonians are continuously supportive of Delta 8 and pushing progress towards better Hemp Laws. Check out some of the standout organizations in the State:

Industrial Hemp Association of Washington

Washington CannaBusiness Association


News stories covering raids or busts on Delta 8 Products and stores in Washington



THC regulation disagreement stalls delta-8 ban in Washington state



Washington state to require pesticide testing for adult-use cannabis products

Washington cannabis regulators make last-ditch effort to set rules for hemp-derived products


WA legislators weigh ban on delta-8, other hemp-derived products


Hemp-derived Cannabinoids Create Controversy in Washington State


Washington State Medical Commission Sounds Alarm on 'Delta-8 THC' Products


Washington Regulators Look to Further Restrict Delta-8


Regulators, industry try to unsnarl mess of cannabis synthetics


Delta-8 THC and THC-O products aren't subject to the same strict quality control, regulation and testing as goods sold on Washington's legal market


WA State Cannabis Authorities Bar Processors From Using Hemp CBD To Make Delta-9 THC


The hemp boom is over. What now?


Washington state marijuana growers fear hemp-derived THC could put them out of business


Regulating new cannabis product delta 8 possible, but will require work, state says


Pot producers are pushing to clamp down on Delta-8 THC; here’s why, and what it is


Delta-8 push raises eyebrows


Washington clarifies ban on hemp-derived 'delta-8' cannabis products

Washington becomes latest state to clarify ban on hemp-derived ‘delta-8’ cannabis products


Marijuana legalization could supercharge CBD at retail



Lawsuit: Washington County sheriff's deputies destroyed licensed hemp plants