wa-law.org > bill > 2023-24 > SB 5367 > Second Substitute

SB 5367 - Products containing THC

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Section 1

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

  1. "Agriculture improvement act of 2018" means sections 7605, 10113, 10114, and 12619 of the agriculture improvement act of 2018, P.L. 115-334.

  2. "Cannabis" has the meaning provided in RCW 69.50.101.

  3. "Crop" means hemp grown as an agricultural commodity.

  4. "Cultivar" means a variation of the plant that has been developed through cultivation by selective breeding.

  5. "Department" means the Washington state department of agriculture.

  6. "Food" has the same meaning as defined in RCW 69.07.010.

  7. "Hemp" means the plant and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

  8. "Hemp consumable" means a product that is not a cannabis product, as defined in RCW 69.50.101, and is intended to be consumed or absorbed inside the body by any means, including inhalation, ingestion, or insertion, that is sold or provided to another person with a THC concentration of not more than:

    1. 0.5 milligram THC per unit, as defined in RCW 69.50.101; and

    2. 1.5 milligrams THC in a package of product, as defined in RCW 69.50.101.

  9. "Hemp processor" means a person who takes possession of raw hemp material with the intent to modify, package, or sell a transitional or finished hemp product.

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    1. "Industrial hemp" means all parts and varieties of the genera , cultivated or possessed by a grower, whether growing or not, that contain a tetrahydrocannabinol concentration of 0.3 percent or less by dry weight that was grown under the industrial hemp research program as it existed on December 31, 2019.

    2. "Industrial hemp" does not include plants of the genera that meet the definition of "cannabis".

  11. "Postharvest test" means a test of tetrahydrocannabinol concentration levels of hemp after being harvested based on:

    1. Ground whole plant samples without heat applied; or

    2. Other approved testing methods.

  12. "Process" means the processing, compounding, or conversion of hemp into hemp commodities or products.

  13. "Produce" or "production" means the planting, cultivation, growing, or harvesting of hemp including hemp seed.

Section 2

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

Section 3

  1. Licensed cannabis producers and licensed cannabis processors may use a CBD product as an additive for the purpose of enhancing the cannabidiol concentration of any product authorized for production, processing, and sale under this chapter. Except as otherwise provided in subsection (2) of this section, such CBD product additives must be lawfully produced by, or purchased from, a producer or processor licensed under this chapter.

  2. Subject to the requirements set forth in (a) through (c) of this subsection, and for the purpose of enhancing the cannabidiol concentration of any product authorized for production, processing, or sale under this chapter, licensed cannabis producers and licensed cannabis processors may use a CBD product obtained from a source not licensed under this chapter, provided the CBD product:

    a.

Is not cannabis, or a cannabis product, as defined in this chapter;

b. Is not a hemp consumable as defined in RCW 15.140.020; and

c. Has been tested for contaminants and toxins by a testing laboratory accredited under this chapter and in accordance with testing standards established under this chapter and the applicable administrative rules.
  1. Subject to the requirements of this subsection (3), the board may enact rules necessary to implement the requirements of this section. Such rule making is limited to regulations pertaining to laboratory testing and product safety standards for those cannabidiol products used by licensed producers and processors in the manufacture of cannabis products marketed by licensed retailers under this chapter. The purpose of such rule making must be to ensure the safety and purity of cannabidiol products used by cannabis producers and processors licensed under this chapter and incorporated into products sold by licensed recreational cannabis retailers. This rule-making authority does not include the authority to enact rules regarding either the production or processing practices of the industrial hemp industry or any cannabidiol products that are sold or marketed outside of the regulatory framework established under this chapter.

Section 4

  1. The label on a cannabis product package, including cannabis concentrates, useable cannabis, or cannabis-infused products, sold at retail must include:

    1. The business or trade name and Washington state unified business identifier number of the cannabis producer and processor;

    2. The lot numbers of the product;

    3. The THC concentration and CBD concentration of the product;

    4. The amount of any synthetically derived CBD in the product sold or provided to the ultimate user;

    5. Medically and scientifically accurate and reliable information about the health and safety risks posed by cannabis use;

    6. Language required by RCW 69.04.480; and

    7. A disclaimer, subject to the following conditions:

      1. Where there is one statement made under subsection (2) of this section, or as described in subsection (5)(b) of this section, 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."; and

      2. Where there is more than one statement made under subsection (2) of this section, or as described in subsection (5)(b) of this section, 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."

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    1. For cannabis products that have been identified by the department in rules adopted under RCW 69.50.375(4) in chapter 246-70 WAC as being a compliant cannabis product, the product label and labeling may include a structure or function claim describing the intended role of a product to maintain the structure or any function of the body, or characterize the documented mechanism by which the product acts to maintain such structure or function, provided that the claim is truthful and not misleading.

    2. A statement made under (a) of this subsection may not claim to diagnose, mitigate, treat, cure, or prevent any disease.

  3. The labels and labeling may not be:

    1. False or misleading; or

    2. Especially appealing to children.

  4. The label is not required to include the business or trade name or Washington state unified business identifier number of, or any information about, the cannabis retailer selling the cannabis product.

  5. A cannabis product is not in violation of any Washington state law or rule of the board solely because its label or labeling contains:

    1. Directions or recommended conditions of use; or

    2. A warning describing the psychoactive effects of the cannabis product, provided that the warning is truthful and not misleading.

  6. This section does not create any civil liability on the part of the state, the board, any other state agency, officer, employee, or agent based on a cannabis licensee's description of a structure or function claim or the product's intended role under subsection (2) of this section.

  7. Nothing in this section shall apply to a drug, as defined in RCW 69.50.101, or a pharmaceutical product approved by the United States food and drug administration.

Section 5

Except as otherwise provided in this chapter, no person may manufacture, sell, or distribute cannabis, cannabis concentrates, useable cannabis, or cannabis-infused products, or any cannabis products without a valid license issued by the board or commission. Any person performing any act requiring a license under this title, without having in force an appropriate and valid license issued to the person, is in violation of this chapter.

Section 6

All products containing hemp consumables as defined in RCW 15.140.020 must conform to applicable federal and state labeling laws and be labeled to disclose that hemp consumables are included.

Section 7

Nothing in this act shall be construed to require any agency to purchase a liquid chromatography-mass spectrometry instrument.

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