Yes, CBD is legal in Washington State as long as it comes from hemp and contains no more than 0.3 percent THC on a dry weight basis. Products that meet that threshold can be sold in ordinary retail stores, and you can buy and keep them without the restrictions that apply to marijuana. The caveats matter, though: Washington bans CBD in food and drinks, bans intoxicating hemp cannabinoids like delta-8 outside the licensed cannabis system, treats THC in a driver’s blood as a DUI issue regardless of the source, and will be subject to a tighter federal hemp definition starting November 12, 2026.
What Counts as Legal CBD in Washington
Washington’s hemp statute, RCW 15.140, defines hemp as any part of the Cannabis sativa L. plant with a delta-9 THC concentration of no more than 0.3 percent on a dry weight basis.1Washington State Legislature. RCW 15.140.020 – Definitions That matches the federal definition set by the 2018 Farm Bill, which removed hemp from the Controlled Substances Act.2U.S. Food and Drug Administration. Hemp Production and the 2018 Farm Bill Anything above the 0.3 percent line is legally marijuana and falls under RCW 69.50.3Washington State Legislature. Washington Code 69.50 – Uniform Controlled Substances Act
The practical result at the counter: CBD oils, tinctures, capsules, and topicals sold at grocery stores, gas stations, and supplement shops are legal if the CBD comes from compliant hemp. If a product is derived from marijuana or exceeds 0.3 percent THC, it can only be sold through a cannabis retailer licensed by the Washington State Liquor and Cannabis Board. The Washington State Department of Agriculture licenses hemp producers and enforces potency standards on the production side.4Washington State Department of Agriculture. Hemp
What You Can’t Buy Outside a Cannabis Store
Two product categories are off limits even though you may see them sold elsewhere.
The first is CBD in food and drinks. The Washington State Department of Agriculture does not allow CBD as a food ingredient, and state and local health departments enforce that ban. It applies to packaged snacks, baked goods, bottled beverages, restaurant dishes, coffee drinks, and pet food. The ban follows the FDA’s January 2023 conclusion that existing regulatory frameworks for food and supplements are not appropriate for CBD, and that the agency does not intend to create new rules allowing it in either category.5U.S. Food and Drug Administration. FDA Concludes that Existing Regulatory Frameworks for Foods and Supplements Are Not Appropriate for Cannabidiol Because the FDA approved a CBD-based prescription drug (Epidiolex) before CBD entered the supplement market, the agency treats CBD as excluded from the food and supplement categories under federal law.6U.S. Food and Drug Administration. FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD) A café selling CBD lattes or a bakery offering CBD brownies risks citations and product seizures.
The second is intoxicating hemp cannabinoids. Washington’s 2023 law, E2SSB 5367, made it illegal to sell any product with detectable levels of THC outside the licensed cannabis system, including hemp-derived variants like delta-8 and delta-10.7Washington State Liquor and Cannabis Board. Research Brief: Intoxicating Hemp Products Delta-8 gummies at an unlicensed shop are already illegal under state law regardless of what the packaging says.
Age Limits and How Much You Can Have
Hemp-derived CBD that stays below the 0.3 percent THC threshold has no specific possession limit under Washington law. You can buy and keep as much compliant CBD oil, topicals, or capsules as you want. State law does not set a minimum purchase age for hemp-derived CBD products with no detectable THC, though individual retailers sometimes set their own age policies.
The rules change the moment you walk into a licensed cannabis store. You must be at least 21 to buy there, and adults 21 and over are capped at these amounts:
- Usable cannabis: one ounce
- Cannabis-infused solid products: 16 ounces
- Cannabis-infused liquid products: 72 ounces
- Cannabis concentrates: seven grams
Going over these amounts is a gross misdemeanor with up to 180 days in jail and a fine of up to $1,000. If you have two or more prior convictions for the same offense after July 1, 2023, the maximum jail time rises to 364 days, with the $1,000 fine cap unchanged.8Washington State Legislature. RCW 69.50.4013 – Possession of Controlled Substance
Driving After Using CBD
This is where legal CBD can still get you into real trouble. Washington sets a per se THC limit of 5.00 nanograms per milliliter of blood for drivers. If a blood test taken within two hours of driving shows THC at or above that level, you can be charged with DUI whether or not you felt impaired.9Washington State Legislature. RCW 46.61.502 – Driving Under the Influence
Legal hemp CBD can contain up to 0.3 percent THC. For most occasional users, that trace amount will not push blood THC anywhere near 5.00 nanograms. But heavy daily use of full-spectrum products can let THC build up, and some poorly made products contain more THC than their labels disclose. A first-offense THC DUI can bring 24 consecutive hours to 364 days in jail, fines between $350 and $5,000, and a 90-day license suspension. A second offense within seven years carries a mandatory 30 days in jail plus 60 days of electronic home monitoring and a two-year license revocation.10Washington State Legislature. RCW 46.61.5055 – Alcohol and Drug Violators Penalty “I only use CBD” is not a defense once THC turns up in your blood above the statutory limit.
CBD and Workplace Drug Tests
Drug tests look for THC metabolites, not CBD itself. Because legal CBD products can contain trace THC, regular use creates a real risk of testing positive for marijuana. For most private-sector workers, what happens next depends on company policy.
For employees in safety-sensitive jobs regulated by the Department of Transportation, the rules are unambiguous. DOT has stated that CBD use “is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result.” A Medical Review Officer will verify the positive test regardless of whether the employee says they only used CBD.11U.S. Department of Transportation. DOT CBD Notice A positive result means immediate removal from safety-sensitive duties and a mandatory return-to-duty process with a Substance Abuse Professional. If your job falls under DOT testing, whether as a commercial driver, pilot, train operator, or pipeline worker, the safest approach is to skip CBD products entirely.
Flying and Interstate Travel With CBD
You can fly with hemp-derived CBD from Washington airports. The TSA allows products containing no more than 0.3 percent THC on a dry weight basis in carry-on and checked bags.12Transportation Security Administration. Medical Marijuana Liquid CBD in a carry-on follows the standard 3.4-ounce liquid rule and must fit in a quart-sized bag; checked luggage has no volume limit. Gummies, capsules, and topicals are not subject to liquid rules. A Certificate of Analysis showing the THC content can help if a screener has questions, though it is not required.
Driving across state lines with compliant hemp is federally protected under the 2018 Farm Bill. Some states read their own laws differently, so documentation of the product’s THC content and origin is a reasonable precaution for road trips. International travel is a different matter: most countries do not recognize the U.S. 0.3 percent threshold and may treat any cannabis-derived product as illegal.
What Changes on November 12, 2026
In November 2025, Congress passed P.L. 119-37, rewriting the federal definition of hemp with an effective date of November 12, 2026.13Congress.gov. Change to Federal Definition of Hemp and Implications for Federal Regulation Three changes matter for Washington buyers.
First, the THC measurement shifts from delta-9 only to total THC, closing the loophole that let products carry elevated delta-8 or delta-10 while still qualifying as hemp. Second, finished hemp-derived cannabinoid products cannot contain more than 0.4 milligrams of total THC per container, a far tighter cap than the old percentage-based threshold allowed for most retail items. Third, any cannabinoid synthesized or manufactured outside the plant is excluded, which cuts lab-created cannabinoids like synthetic delta-8 THC out of the legal hemp market. The FDA must publish lists of naturally occurring and prohibited cannabinoids and define what counts as a “container” for the new THC limit. Industrial hemp grown for fiber, seed, or other non-cannabinoid uses is exempted from the container-based cap.13Congress.gov. Change to Federal Definition of Hemp and Implications for Federal Regulation
Washington already got ahead of part of this when E2SSB 5367 pulled intoxicating hemp products out of general retail in 2023. The federal change will push the rest of the market in the same direction, and CBD products that have been sold as compliant under the current delta-9-only test may need to be reformulated to meet the new total-THC and per-container rules.