Washington Cannabis & Substances Laws (2026)

A comprehensive legal reference for cannabis & substances in the state of Washington. This guide covers current statutes, penalties, and restrictions for 7 different categories.

Washington allows hemp-derived CBD products with less than 0.3% THC under RCW 69.50.575. The Washington State Liquor and Cannabis Board regulates CBD products, requiring compliance with testing and labeling standards.

Possession

Legal to possess hemp-derived CBD with less than 0.3% THC.

Sale

Sale is legal if products meet state testing and labeling requirements.

Penalties

N/A

Age Restriction

18+ to purchase CBD products.

Washington State prohibits Delta-8 THC under the Washington Administrative Code WAC 314-55-010, classifying it as a Schedule I controlled substance unless sold by licensed cannabis retailers. Hemp-derived Delta-8 THC products are banned for unlicensed sale.

Possession

Illegal unless purchased from licensed cannabis retailers.

Retail Sale

Sale of Delta-8 THC products outside licensed cannabis stores is prohibited.

Penalties

Penalties include fines and possible criminal charges for illegal sale or possession.

Age Restriction

21+ for purchase from licensed retailers.

Hemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Washington under the 2018 Farm Bill. A 2023 law brought all products with detectable THC under the LCB\'s jurisdiction, requiring they be sold only in licensed cannabis stores.

Possession

Legal under 0.3% THC by dry weight

Retail Sale

Legal at retail and online

Penalties

Products exceeding 0.3% THC are treated as marijuana.

Age Restriction

21+ in most jurisdictions

Kratom

LEGAL

Kratom is legal in Washington. State and is not listed as a controlled substance under Washington Administrative Code Chapter 246-887. There are no state restrictions on possession or sale.

Possession

Legal to possess kratom.

Sale

Legal to sell and purchase kratom.

Penalties

N/A

Age Restriction

None

Washington State has decriminalized possession of small amounts of psilocybin mushrooms in Seattle and some local jurisdictions, but statewide psilocybin remains illegal under RCW 69.50.401. Therapeutic use is allowed under Initiative 182 (2023) for licensed providers.

Possession

Possession remains illegal statewide but decriminalized in some cities (e.g., Seattle) for small amounts.

Distribution

Illegal except for licensed therapeutic use under Initiative 182.

Penalties

Criminal penalties statewide except in decriminalized localities; therapeutic use regulated.

Age Restriction

Therapeutic use limited to adults 21 and older.

Recreational marijuana is legal for adults 21+ in Washington. No significant legislative changes since 2023.

Personal Possession

Adults 21+ may possess up to 1 oz of usable flower, 7 grams of concentrate, 16 oz of edibles in solid form, and 72 oz of edibles in liquid form. Home cultivation is not permitted for recreational users.

Retail Purchase

Legal through licensed retail stores regulated by the Liquor and Cannabis Board. Delivery is permitted.

Penalties

Possessing over the limits is a misdemeanor. DUI carries mandatory minimum penalties including jail time for repeat offenses.

Age Restriction

21+

Salvia

RESTRICTED

Salvia divinorum is not a controlled substance in Washington and is legal to possess, sell, and use. No significant legislative changes.

Possession

Legal. Salvia divinorum is not a controlled substance in Washington. No restrictions on personal possession.

Sale

Legal to sell in retail stores and online in Washington. No special licensing required.

Penalties

N/A

Age Restriction

None