Rythm

Washington

Hemp-derived THC beverage regulation

Washington

State Regulated
Beverage Status State Regulated
Cannabis Regulation Adult Use & Medical
Retail Outside Dispensary? No.
Section 01

General Regulation

Hemp Derived THC Beverage Status State Regulated
Cannabis Regulation Adult Use & Medical
Retail Outside Dispensary System? No.
Hemp Beverages Specifically Regulated? Yes.
Serving / Potency / Dosage / THC Type Limit

Any product with detectable levels of THC must be sold through dispensaries. CBD can be added to products sold through the dispensary system, but cannot otherwise be sold outside the system when added to food or beverages. The serving size limitation for a cannabis-infused product is 10mg of D9, 0.5mg of additional tetrahydrocannabinol compounds up to a total of 1.0mg. The single package limitation is 100 mg. A single transaction is limited to 72 ounces, unless the product is packaged in individual units containing no more than 4mg of D9 per unit.

DTC from Out-of-State No.
Licensing

The state only regulates hemp growing and processing. On the product side, the dispensary system has a full regulatory structure for retailers and producers (see RCW 60.50.335).

Section 02

Labeling & Packaging Requirements

State Has Labeling Rules? Yes.
State Has Packaging Rules? Yes.
Label / Product Registration

N

Symbol Required? Yes, for cannabis. See https://lcb.wa.gov/laws/labeling-resources
Symbol Detail
Best By / Expiration / Use By

"best by" date is an optional label information per WAC 314-55-105.

Labeling & Packaging Notes

Helpful guidance: https://lcb.wa.gov/laws/labeling-resources

Product lableing for cannabis edibles in liquid and solid form mayu include a structure or function claim describing the intended role of the product to maintain the structure or any function of the body provided that the claim is truthful and not misleading.

Labeling Description

Per WAC 314-55-105.4(e): Labels for cannabis edibles in liquid form must clearly and visibly provide all of the following information:

(i) The business or trade name and the nine-digit Washington state unified business identifier (UBI) number of the licensees that produced and processed the cannabis or cannabis products;

(ii) The lot number of the product. This must be the same number that appears on the transport manifest;

(iii) The serving size, the amount of product per serving, and the number of servings contained within the package must be prominently displayed;

(iv) Net weight in ounces and grams or volume as applicable;

Total THC, calculated individually for each tetrahydrocannabinol compound present in amounts greater than 0.2 mg/g, as defined in WAC 314-55-010, using the formula referenced in WAC 314-55-102;

(v) Total CBD (cannabidiol) meaning the concentration of CBDA and CBD, using the formulas referenced in WAC 314-55-102;

(vi) Medically and scientifically accurate and reliable information about the health and safety risks posed by cannabis use;

(vii) A list of all ingredients in descending order of predominance by weight or volume as applicable and a list of major food allergens as defined in the Food Allergen Labeling and Protections Act of 2004;

(viii) If solvents were used, a statement that discloses the type of extraction method, including any solvents, gases, or other chemicals or compounds used to produce or added to the extract.

Labels for cannabis edibles in liquid form may not contain any statement, depiction, or illustration that:

(i) Is false or misleading, consistent with guidance provided in 21 C.F.R. Sec. 101.18(a);

(ii) Promotes over consumption;

(iii) Represents the use of cannabis has curative or therapeutic effects;

(iv) Depicts a person under the age of 21 consuming cannabis, or is especially appealing to persons under 21 years of age as defined in subsection (1)(c) of this section.

Product labeling for cannabis edibles in liquid form identified as compliant cannabis product under RCW 69.50.375(4) and chapter 246-70 WAC may include:

(i) A structure or function claim describing the intended role of the product to maintain the structure or any function of the body; or

(ii) Characterization of the documented mechanism by which the product acts to maintain such structure or function, provided that the claim is truthful and not misleading.

(iii) Any statement made under this subsection may not claim to diagnose, mitigate, treat, cure, or prevent any disease.

(i) Where there is one statement made under (h) of this subsection, or there is a warning describing the psychoactive effects of the cannabis product, provided it is not false or misleading, the disclaimer must state, "This statement has not been evaluated by the State of Washington. This product is not intended to diagnose, treat, cure, or prevent any disease."

(j) Where there is more than one statement made under (h) of this subsection, or there is a warning describing the psychoactive effects of the cannabis product, provided they are not false or misleading, the disclaimer must state, "These statements have not been evaluated by the State of Washington. This product is not intended to diagnose, treat, cure, or prevent any disease."

Warning Statement

The following warning statements must be included on all labels for all cannabis edibles in liquid form. The following warning statements must be legible, unobscured, and visible to the consumer:

(i) "Warning – May be habit forming;"

(ii) "Unlawful outside Washington State;"

(iii) "It is illegal to operate a motor vehicle under the influence of cannabis;"

(iv) The cannabis universal symbol as provided in WAC 314-55-106; and

(v) "Caution: Intoxicating effects may be delayed by 2+ hours."

Packaging Description

Packaging containing cannabis edibles in liquid form must protect the product from contamination. Packaging must not impart any toxic or harmful substance to the cannabis edibles in liquid form.

Cannabis edibles in liquid form must be packaged:

(i) In child resistant packaging consistent with 16 C.F.R. Part 1700, Poison Prevention Packaging Act; or

(ii) In plastic that is two mil or greater in thickness, heat sealed without an easy-open tab, dimple, corner, or flap that will protect persons under the age of 21 from accidental exposure to cannabis edibles in liquid form.

(iii) Cannabis edibles in liquid form that include more than one serving must be packaged with a resealable closure or cap. Cannabis edibles in liquid form must include a measuring device such as a measuring cup or dropper. Hash marks on the package or package cap qualify as a measuring device. See WAC 314-55-105.4

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