To: Cannabis Industry Members
From: Chandra Brady, Enforcement & Education Division Director
Subject: Prohibited: conversion of CBD to delta-9 THC; purchase or sale of hemp-derived delta-9 THC
Enforcement Bulletin 21-02
As the cannabis industry continues to evolve and progress, questions of the legality for manufacturing THC from hemp-based CBD created a need to assess and analyze statutory provisions related to this process.
Interpretive Statement #IS-21-02, Allowable Practices for a Holder of a Marijuana Processor License, concluded that processors licensed under RCW 69.50.363 may not legally convert CBD into delta-9 THC, as the license privileges do not allow them to convert CBD into THC. As the production of delta-9 THC falls outside the license privileges of a processor licensed by the LCB, that activity may be considered a controlled substances act violation, and a misuse of the processors license. Additionally, licensed processors may not sell or purchase any THC product not legally produced by a licensed marijuana producer.[1]
What does this mean for licensees?
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Processors are not allowed to convert CBD into delta-9 THC.
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Processors are not allowed to buy or sell delta-9 THC products not legally produced.
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Retailers should not knowingly purchase products from processors which contain delta-9 THC converted from CBD. Nor should retailers sell such products to consumers.
How will WSLCB Enforcement and Education staff approach this in the field?
The Enforcement and Education team will approach this from an education-first perspective so we can help licensees achieve compliance. Our team has several tools to use to help; communication, basic education, administrative holds, warnings, notices to correct. If we identify licensees who are knowingly and intentionally violating rules and law or licensees who do not demonstrate a desire to achieve compliance, we will take appropriate enforcement action.
Are there any exceptions?
There are no exceptions.
If you have any questions, please contact your assigned compliance consultant or enforcement officer.
[1] The interpretive statement also noted that it did not infer any approval for Marijuana Producer license holders to manufacture “marijuana” with a THC concentration greater than 0.3 percent on a dry weight basis from CBD.
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