The 2022 regular session came to an end on March 10 in Washington State. And with the end of the session came the death of SB 5983. This bill looked to ban all intoxicating and synthetic cannabinoids, including Delta 8 and Delta 10. This comes despite both Delta 8 and Delta 10 occurring naturally within the cannabis plant. 

These intoxicating, synthetic, and unregulated cannabinoids “are being sold right now, without any regulation, without any oversight,” said Democratic Senator Karen Keiser. She, along with Senator Mark Schoesler, R, were the main sponsors for SB 5983. “It’s a public health danger and a threat, and it needs to be removed.”

Many lawmakers across the country perceive the rise in popularity of Delta 8 and Delta 10 comes from a ‘loophole’ in the 2018 Farm Bill. The bill legalized industrial hemp on the federal level. Industrial hemp is defined as any product containing no more than 0.3 percent Delta 9 THC. This is the main psychoactive cannabinoid in cannabis. Because of the molecular structural difference between each cannabinoid, Delta 8 and Delta 10 naturally contain no more than 0.3 percent Delta 9. Therefore, Delta 8 and Delta 10 products are federally legal. 

Washington Liquor and Cannabis Board

One point of contention between Washington lawmakers came down to the state’s Liquor and Cannabis Board (LCB). In 2021, the LCB issued an advisory to all licensed cannabis companies about Delta 8 THC. Licensed cannabis products can contain natural Delta 8 THC. However, unlicensed hemp derived Delta 8 THC would result in confiscation and potential prosecution. 

Even though LCB issued this advisory, they are not a law enforcement agency and could only issue an advisory. This is why Senators Keiser and Schoesler wrote and filed SB 5983. 

The first committee SB 5983 sent to was the Senate Ways and Means Committee, where it passed. Then it went to the Senate Rules Committee. But there it stalled as lawmakers couldn’t decide how they wanted to regulate Delta 8 THC. They also were unsure of how much authority to give LCB and if any issued advisories could be acted upon with law enforcement authority. 

If Washington State lawmakers want to move forward with discussing a potential ban on Delta 8 THC manufacturing and sales, then it must wait until the 2023 regular session. Other states have banned Delta 8 manufacturing and sales, but it looks like Washington State will still allow Delta 8 production for at least another year. 

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