Washington

Is weed legal in Washington? 

Yes, weed is legal for both patients and adults ages 21 and older.

Public consumption can result in a $100 fine. Possession of 1 ounce to 40 grams is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine. 

Legislative history

Medical marijuana was legalized in Washington with Initiative 692 (I-692), or the Medical Use of Marijuana Act of 1998, which passed with nearly 60% of the vote. The initiative permitted patients with certain debilitating conditions, terminal illnesses, or intractable pain, to use medical marijuana. I-692 also granted legal protections to qualifying patients and their caregivers for the possession and consumption of medical marijuana.

Initiative 502 (I-502), the Washington Marijuana Legalization and Regulation Initiative, was passed by voters on the statewide 2012 ballot with 55% of the vote. I-502 legalized marijuana use and possession for adults 21 and older and established a regulatory structure for the state's cannabis industry, creating a framework for the production and sale of adult-use marijuana. It gave the Washington State Liquor and Cannabis Board (WSLCB) oversight of all licensing and regulation of marijuana in the state.

Shortly after the state legalized recreational cannabis in 2015, the Washington Legislature passed SB 5052, the Cannabis Patient Protection Act (CPPA), establishing official state regulations for local marijuana businesses, which entails the production, possession, sale, and use of medical marijuana.

Purchasing cannabis

Whether for medical or recreational use, cannabis may only be legally purchased from a state-licensed retailer. Retailers selling specifically to patients are called medically endorsed stores in Washington, rather than dispensaries. 

Patients who have registered in the medical marijuana database can purchase any combination of the following amounts:

  • 3 ounces (85 grams) of cannabis
  • 48 ounces (1.36 kilograms) of infused products in solid form
  • 1.69 gallons (6.4 liters) of infused products in liquid form 
  • 21 grams of concentrate

Adults 21 and older, along with unregistered patients, can purchase any combination of the following amounts:

  • 1 ounce (28.35 grams) of usable marijuana
  • 16 ounces (454 grams) of infused products in solid form
  • 72 fluid ounces (2.13 liters) of infused products in liquid form
  • 7 grams of cannabis concentrate

Adult-use purchasers must show government-issued ID to verify their age and patients must show medical marijuana registry ID cards. Tribal ID cards are valid as identification if they meet the following requirements: 

  • The Tribe has notified the Board that it intends to use the ID card to purchase marijuana
  • The enrollment card has a photo, a signature, and a date of birth
  • The enrollment card has security features comparable to the state driver's license 

There is a Washington state marijuana tax for retail consumers. Under state law, all retail marijuana sales are subject to a 37% excise tax, in addition to regular state and local sales tax. Medical patients are not subject to excise tax or retail sales tax.

Medically endorsed stores are allowed to give marijuana to patients with limited incomes.  

Consuming cannabis

It is illegal to consume marijuana or marijuana-infused products in public view. Cannabis cannot be consumed wherever tobacco smoking is prohibited or in a vehicle.

Possession

Under adult-use laws, adults 21 and older can possess up to:

  • 1 ounce (28 grams) of usable marijuana
  • 16 ounces (454 grams) of infused products in solid form
  • 72 fluid ounces (2 liters) of infused products in liquid form
  • 7 grams of cannabis concentrate

Medical marijuana patients may possess up to:

  • 3 ounces (85 grams) of cannabis
  • 48 ounces (1.3 kilograms) of infused products in solid form
  • 1.69 gallons (6.4 liters) of infused products in liquid form 
  • 21 grams of concentrate

Driving under the influence of cannabis is illegal and so is consumption in a vehicle for drivers and passengers. Consumers can carry cannabis in their vehicles, but it must be in a sealed container or in the trunk. However, it is illegal to transport any open package or container of cannabis or marijuana-infused products. It remains illegal to transport cannabis from across state lines. 

Washington stipulates that 5 nanograms of active THC per milliliter of blood is the limit for driving, and a blood test can be performed at a police station or a medical facility. The state advises waiting at least five hours after inhalation to drive and longer after consuming edibles.

Cultivation

Home cultivation of adult-use cannabis is illegal. However, medical patients who are in the medical marijuana database can cultivate six plants and have 8 ounces of usable marijuana from those plants in the home, unless their physician has designated a larger amount. 

A health-care practitioner may authorize patients to have up to 15 plants and up to 16 ounces (454 grams) of usable marijuana produced from their plants. Patients who have authorization from a health care provider but who haven't registered in the database can grow up to four plants and possess 6 ounces from those plants.

Medical Marijuana Registry

The Department of Health oversees the medical marijuana program. Only cannabis patients in the authorization database who hold medical marijuana identification cards can purchase products free of sales and use taxes and in greater quantities than recreational customers. 

Medical cards expire each year for adults and every six months for minors, but some authorized healthcare providers may specify an earlier expiration date.

Qualifying conditions

  • Anorexia
  • Appetite loss
  • Cachexia, or wasting syndrome
  • Cancer
  • Chronic renal failure requiring hemodialysis
  • Crohn's disease with debilitating symptoms
  • Epilepsy or other seizure disorders
  • Glaucoma
  • Hepatitis C with debilitating nausea or pain
  • HIV/AIDS
  • Intractable pain
  • Multiple sclerosis
  • Post-traumatic stress disorder (PTSD)
  • Spasticity disorders
  • Traumatic brain injury

Only the legislature can add eligible conditions.  

Application process

  1. See one of the following health care providers:
    1. Advanced registered nurse practitioner
    2. Medical doctor
    3. Naturopathic physician
    4. Osteopathic physician
    5. Osteopathic physician assistant
    6. Physician assistant
  2. Obtain a diagnosis of a qualifying condition and a medical marijuana authorization from the health care provider. Supply name and contact information of a designated provider (caregiver), if needed. 
  3. Visit a medically endorsed store to pick up the medical marijuana card. Stores must charge at least $1 per card but there is no maximum charge.

Designated providers

Patients younger than 18 must have a designated provider (caregiver) and adult medical patients can select one to purchase marijuana or grow it for them. Designated providers must:

  1. Be at least 21 years old
  2. Be named on the patient's medical marijuana authorization form
  3. Complete the form and sign on tamper-resistant paper
  4. Be entered into the medical marijuana database
  5. Be the minor's parent or guardian
  6. Receive a designated provider recognition card, if the patient chooses to be entered into the database

Testing

All cannabis grown and processed in Washington must be tested by a state-certified third-party lab for:

  • Cannabinoids and potency
  • Foreign matter
  • Heavy metal
  • Microbes
  • Moisture
  • Mycotoxins
  • Pesticides
  • Residual solvent screening

FAQ

How do you get a marijuana growing license in Washington state?

Marijuana licensing is overseen by the Washington State Liquor and Cannabis Board, which has licensing details on its website. 

How do you get a license to sell marijuana in Washington state?

Similar to the question above, marijuana licensing is overseen by the Washington State Liquor and Cannabis Board, which has licensing details on its website. 

This page was last updated on December 17, 2020.

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The information contained in this site is provided for informational purposes only, and should not be construed as medical or legal advice. This page was last updated on November 24, 2021.