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

Delta 8 Washington

Update 05/01/2021

The Washington State Liquor and Cannabis Board (WSLCB) issued a policy statement to clarify that Delta-8 THC and the conversion of CBD, hemp, or both to Delta-8, Delta-9, or any other cannabinoid are illegal under the state’s cannabis regulations. They’ve made it clear that regulators do allow “cultivated” Delta-8 THC only if produced naturally by the cannabis plant. 

In the statement, the WSLCB condones distribution or sale of a product that contains any amount of any synthetic cannabinoid, calling it an unfair or deceptive practice. The state joins a growing list of states that have banned this cannabinoid and its products.  

UPDATE: 08/07/2021


Hemp-derived Delta-8 THC is LEGAL in Washington State. After issuing the policy statement that banned this cannabinoid from being sold by unlicensed stores, the Washington Liquor and Cannabis Board (LCB) clarified that the statement was “advisory only.” For now, the LCB is working on drafting rules that will legalize this substance as part of the state’s cannabis program.

Delta-8 has recently emerged for sale nationwide, including retail shops and online stores dropping products in Washington State. Regardless if you’re a regular user or want to try some fire Delta-8 products for the first time — it’s good to stay on top of the D8 legality news.  

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

Is It Legal: Washington Delta-8 Laws

The short and simple answer is YES, hemp-derived Delta-8 is legal in Washington.

What Is Delta-8? 

Delta-8 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 high” that leaves you clear-headed.

Our Delta-8 THC customers report feeling a mellow high 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. 

Where to Buy Delta-8 in Washington State

You can find D8 products in various places in Washington, from convenience stores to dispensaries. Delta-8 products are new on the market, and many companies started selling them to make quick cash. 

So, it’s essential to double-check the company that manufactured the D8 products you’ve decided to purchase. When going locally, consider buying products from dispensaries or CBD smoke shops that specialize in hemp products. 

Can I order D8 products online? Yes, of course, you can. Ordering online is likely the safest approach to buying D8 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, including the most fire ones, like:

D8 Flower Pre-Rolls – Stormy Daniels

D8 Gummies – Vegan – 10 mg, 20mg, 50mg

CBD Hash with D8

Sour Candy D8 THC Oil Hemp Flower

Continued, Is Delta-8 Legal in Washington State? 

The legality of Delta-8 in each state comes down to which plant the compound is derived from. If the state hasn’t explicitly banned the use of this cannabinoid, it’s technically legal if coming from the hemp plant. 

Washington hasn’t banned the use of hemp-derived Delta-8. The hemp laws and regulations in this state permit the lawful use of all hemp cannabinoids, isomers, acids, salts, and salts of isomers, except for delta-9 THC.

During the latest meeting of the Washington State Liquor and Cannabis Board (April 14, 2021), regulators discussed the need to regulate Delta-8 THC. But, they talked about finding a long-term, innovative scheme that’s as dynamic and forward-thinking to encompass all potential chemical cannabinoid transformations. We’re closely following the laws and regulations on Delta-8 in Washington, and we’ll keep you posted on new updates. 

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.  

Washington State also prohibits the sale and use of “synthetically derived” tetrahydrocannabinols but excludes hemp and industrial hemp from these categories. For the time being, Delta-8 products don’t seem to be prohibited by the Food and Drug Administration (FDA).

Bottom line

Washington State is looking into regulating D8 and other cannabinoids that could potentially emerge on the market. For now, Delta-8 THC products are not banned in The Evergreen State and are readily available for purchase. 

We can’t help but notice the similarity between the situation with Delta-8 and the time CBD first hit the shelves in the U.S. Both compounds brought a lot of questions, prohibitions of certain products, etc., but now no one questions the legality of CBD products anymore. We hope to see the same happening with D8. 

Delta 8 Washington Laws

Be Sure to Check Out: 

All Our Top D-8 Products

Delta 8 Gummies

All Delta 9 Products


Unlike other states, Washington doesn’t prohibit the sale of D8 products. State officials are looking to regulate D8, so these products are legal to buy for the time being. 

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

You can order D8 products online legally. Ordering these products online is easy and convenient.

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