Washington Cannabis Update: Non-CBD Cannabinoid Additives

The Washington State Liquor and Cannabis Board (“LCB”) has clarified what cannabinoid additives are allowed in Cannabis products in WA. The LCB recently published a notice that it had adopted interpretive statement IS22-01, “Use of Additives in Authorized Cannabis Products”. The adopted policy statement clarifies that non-cannabidiol (“non-CBD”) cannabinoids may be added to cannabis products in WA if they have been produced by or purchased from an LCB-licensed processor or processor within the I-502 (adult-use statute) system.

Cannabinoids

The cannabis sativa plant produces over 100 cannabinoids, not all of which have psychoactive or intoxicating effects. The two most common cannabinoids are delta-9-tetrahydrocannabinol (“THC”) and cannabidiol (“CBD”). THC is the cannabinoid that has psychoactive effects resulting in users getting “high”, while CBD is not considered psychoactive and is used for a variety of purposes including as an FDA approved treatment for epilepsy (Epidiolex).

The Revised Code of Washington (“RCW”) chapter 69.50.326 already allows for the addition of CBD to cannabis products, but in 2020 the LCB became aware of other cannabinoids being added to cannabis products and has sought to provide guidance on the matter ever since.

Legalization of recreational cannabis in the many U.S. states has led to the development

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