Is Delta 8 THC Truly Legal in Washington & Where to Order The Best Products

Delta 8 Washington

Despite the legalization of delta 9 THC for medical and recreational uses, delta 8 THC was recently prohibited in Washington. 

Read on to find out if this hemp-derived cannabinoid is legal in The Evergreen State and where to order safe, top-shelf products. 

Last Update: August 21, 2023


  • Washington restricts the retail sale of delta 8 THC products that are chemically altered and considers them a controlled substance.
  • The production, sale, and purchase of chemically synthesized delta 8 THC is explicitly prohibited in this state. The same goes for cannabinoids like delta 10, HHC, and THC-O.
  • Medical cannabis and recreational marijuana are legal in Washington State.
  • Hemp-derived CBD products with less than 0.3% THC are permitted but can be sold only in licensed cannabis dispensaries.
  • The state prohibits the sale of any hemp product with ‘detectable amounts of THC’ by unregistered retailers.

Is Delta 8 THC Legal in Washington? 

No, delta 8 THC is restricted in Washington. 

The state explicitly prohibits the manufacture, sale, and purchase of delta 8 THC products made through chemical conversion (from CBD).  

In a policy statement published in 2021 by the Washington State Liquor and Cannabis Board, it states:

“Delta 8 THC, as well as derivatives, extracts, cannabinoids, isomers, and CBD isolate from hemp or other sources that are genetically or chemically altered into compounds may not be produced or processed in LCB licensed facilities, and may not be sold in licensed marijuana retail stores.” 

The conversion of CBD into delta 8 and delta 9 or any other cannabinoid (like HHC and THC-O) is prohibited. In addition, the sale and purchase of products that contain delta 8 converted from CBD by retailers is banned.

That is, the only allowed delta 8 THC in this state is one that’s naturally derived from the cannabis plant.

CBD products derived from hemp that contain ‘detectable’ levels of THC can only be sold in licensed cannabis dispensaries. Hemp retailers can sell CBD products with 0% THC without a license.

Read more: State-by-State Legality of Delta 8 THC.

Where to Buy Delta 8 THC in Washington?

Buying delta 8 THC products made through chemical conversion from CBD is illegal in Washington.

Can I Order Delta 8 THC Products Online?

You can certainly try to order delta 8 products online, but most reputable stores (including us) don’t ship to Washington because these products are explicitly banned. 

Instead, you can order other products, like our delta 9 THC gummies or THCa flower. Ordering online is the safest approach to buying hemp products for two reasons. 

First, online shops are pretty transparent with their customers. Online, you can easily check the labs, the origin of the hemp and delta-8 THC, as well as find reviews on the seller. For example,  Mr. Hemp Flower’s products pages offer accessible information on all things connected to the product you’re interested in.   

Second, you get the products shipped straight to your door! We ship to all D8 friendly states and work with reputable labs and manufacturers to test our products. You can find a Certificate of Analysis of every item on our website.

What is Delta 8 THC? 

Delta 8 THC is a rare tetrahydrocannabinol (THC compound) found in both hemp and marijuana. Chemically, D8 is different from delta 9 because it doesn’t have nearly as many psychoactive properties. So, when you use D8, you don’t get a heavy, anxious high and can continue functioning at a normal-ish level. 

This compound is 50 to 70 percent less intoxicating than delta 9. Despite possessing some euphoric, uplifting values, it typically gives you a “relaxing intoxication” that leaves you clear-headed.

Our delta 8 THC customers report feeling mellow without the head fog, red eyes, cottonmouth, anxiety, or paranoia common with delta 9. That said, D8 products are not entirely “harmless,” so avoid buying from companies that don’t warn you about the potential impairment, regardless of how low it may be. 

Delta 8 THC Consumption Options

Delta 8 THC can be consumed in various ways. At Mr. Hemp Flower, there’s something for everyone. We offer a wide array of D8 edibles, concentrates, and capsules.


Although they take a longer time to take effect, delta 8 gummies are a convenient and delicious way to get this cannabinoid. 

Their texture is chewy, and you can choose between various strengths, flavors, and vegan and non-vegan varieties. 

Hemp Flower and Pre-Rolls

One of the most convenient ways to consume D8 is by using hemp flower and pre-rolls. The pre-rolls from Mr. Hemp Flower offer tasty flavor, smooth smoke, and adequate potency. 

We use premium hemp strains grown at licensed farms in the US using sustainable and organic methods of cultivation. 

Edibles, Concentrates, and Capsules

At Mr. Hemp Flower, there’s something for everyone. We offer a wide array of D8 edibles, concentrates, and capsules

We use the most quality hemp and THC distillate to make our products. When you order from Mr. Hemp Flower, you’re getting US-grown hemp free of pesticides and toxins. 

Delta 8 THC and Federal Law 

The issue with Delta-8 THC and federal law comes from a potential conflict with a regulation of the Drug Enforcement Agency (DEA). While the 2018 Farm Bill legalized all hemp cannabinoids and their isomers (including D8), DEA’s “Interim Final Rule” lists all synthetically derived tetrahydrocannabinols Schedule I controlled substances, regardless if they come from hemp or marijuana. 

While Delta-8 extracted from the marijuana plant is illegal under federal law, here’s the argument against D8 derived from hemp: 

If derived (extracted organically) from the hemp plant, D8 is a legal cannabinoid. The issue is that the hemp plant produces less than 0.1% of D8 naturally. Such low concentration ties manufacturers’ hands to extract and use this cannabinoid in their products. 

To solve this issue, they create D8 products by extracting, isolating, and converting hemp CBD into D8, a process that could potentially group this cannabinoid with synthetically derived cannabinoids. Now, the debate about the exact meaning of the term “synthetically derived” cannabinoid is ongoing.

Some claim that the isomerization (transforming one cannabinoid into another) of D8 from CBD is simply a process of converting one molecule to another. Furthermore, this process doesn’t allegedly fall under the definition of “synthetically derived” cannabinoids.  

Bottom Line

Washington explicitly prohibits the processing, distribution, sale, and purchase of chemically converted delta 8 THC products.

The Washington State Liquor Control Board stated that genetically or chemically altered hemp compounds can’t be produced in licensed facilities and sold in licensed cannabis stores.

Delta 8 Washington Laws

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Washington prohibits the sale of chemically converted D8 products.

When derived from the hemp plant, D8 products are legal to sell.

You can order D8 products online legally, but not in Washington State. Ordering these products online is easy and convenient.

No. So far, twelve states banned D8 products, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, Washington and Utah.

Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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