With the 2022 regular session ending on March 10, Senators Karen Keiser, D, and Mark Schoesler, R, introduced SB 5983 to the Washington State Senate. This bill, if passed and signed by Governor Jay Inslee, D, would ban all intoxicating and synthetic cannabinoids. This includes Delta 8 THC. However, Delta 8 THC is a naturally occurring cannabinoid in small amounts. It is intoxicating, by definition, but it is to a lesser degree than Delta 9 THC, or cannabis. It’s a controllable sensation, according to consumers across the country. These consumers helped explode the hemp industry and Delta 8 THC’s popularity over the past few years.

These intoxicating, synthetic, and unregulated cannabinoids “are being sold right now, without any regulation, without any oversight,” said Democratic Senator Karen Keiser. “It’s a public health danger and a threat, and it needs to be removed.”

Delta 8 THC Popularity

Delta 8 THC came to fruition through a supposed “loophole” in the 2018 Farm Bill. Industrial hemp legalized under that bill. It’s defined as containing no more than 0.3 percent of Delta 9 THC, specifically. Cannabinoids like Delta 8 THC, which are structurally different on the molecular level, naturally contain no more than 0.3 percent Delta 9 THC. Therefore, they are legal under the Farm Bill.

As Delta 8 gained popularity, the DEA stated Delta 8 THC is not a controlled substance and is legal under the Farm Bill. States are saying otherwise. Several states have banned Delta 8 THC or are currently discussing banning Delta 8 THC. In addition to the DEA, research has shown the positives of Delta 8 THC. It can help with nausea and vomiting, along with depression, anxiety, and PTSD. 

Washington State Standards

In 2021, the Washington State Liquor and Cannabis Board (LCB) issued an advisory to licensed cannabis companies about manufacturing Delta 8 THC within the state. Licensed cannabis products could contain natural Delta 8 THC, but unlicensed hemp-derived Delta 8 THC could result in confiscation and potential prosecution. Now, LCB is joining forces with Senators Keiser and Schoesler in sponsoring SB 5983. Then the advisory LCB submitted last year would become law. 

SB 5983 was just introduced and will first need to go through Senate committees before going to a full Senate chamber discussion and vote. Should SB 5983 pass the Senate, it will then go through the same process in the House. Should the bill make it through the House, it will return to the Senate if any amendments are attached. Then Senators can decide if they agree with the amendments and send SB 5983 to Governor Inslee. As more information becomes available, we will update you with the latest.

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