Washington After SB 5367: What Counts as Hemp vs. “Marijuana” in 2025 Retail?

The passing of Washington SB 5367 in 2023 marked a turning point for the state’s cannabis and hemp marketplace. By 2025, its effects are unequivocal: the Washington State Liquor and Cannabis Board (WSLCB) now treats most hemp-derived intoxicating cannabinoids—including products with converted or synthesized THC—as regulated cannabis. This shift has fundamentally changed what can and cannot be sold at general retail versus state-licensed dispensaries, bringing significant compliance and supply-chain adjustments for operators and watchdogs alike.

This post delivers an in-depth look at how WSLCB rules (2025) interact with the evolving landscape post-SB 5367, clarifies what counts as “marijuana” versus hemp, and highlights practical, actionable steps for compliance at every node—from formulation to point of sale and beyond.

Key Takeaways of Washington SB 5367

• Most hemp-derived THC products that cause intoxication (including converted and synthetic cannabinoids) must be sold through WSLCB-licensed cannabis retailers.
• Synthetic cannabinoids (including delta-8, THC-O, and others) are effectively banned from general retail.
• Non-licensee retailers may not sell any products with detectable, intoxicating THC.
• Hemp beverages and gummies containing detectable THC may only be sold in licensed cannabis shops.
• Enforcement and compliance expectations are stringent in 2025, with frequent supply-chain audits and product seizures for violations.

What Did SB 5367 Change?

Prior to SB 5367, many hemp-derived cannabinoids—especially those manufactured or synthesized from CBD—operated in a gray market in Washington’s grocery, convenience, and online stores. Products like delta-8 and converted delta-9 gummies proliferated outside of the tightly regulated cannabis system.

With SB 5367’s passage and definitive WSLCB guidance:

• Products containing any detectable amount of THC—even if derived from hemp—fall under the definition of “cannabis product” if they are formulated for human consumption/intoxication (see official legislative history).
• These products are only lawful in the state’s tightly regulated adult-use system, subject to testing, tracking, and labeling under WSLCB oversight (see WSLCB official rules).
• Unlicensed stores—including groceries, gas stations, bars, and e-commerce sites—cannot legally sell intoxicating hemp-derived edibles, beverages, or vapes.

The Legal Definitions: Hemp vs. Marijuana in 2025

Hemp (per RCW 15.140) remains federally defined as cannabis sativa with no more than 0.3% delta-9 THC by dry weight and not intended for intoxication.

Marijuana ("Cannabis" in state law) now includes any cannabis product, regardless of the original source, that:

• contains >0.3% total THC by dry weight, OR
• has any synthetic or converted intoxicating cannabinoid (delta-8, delta-10, THC-O, etc.), regardless of delta-9 content,
• is labeled, marketed, or intended for human consumption/intoxication,
• is not an FDA-approved pharmaceutical.

Thus, all converted cannabinoids (often labeled as "hemp-derived THC"), as well as many consumable hemp products, now count as marijuana if intoxicating effects are possible.

What’s Still Legal for Non-Licensee Retailers?

• Pure CBD-only products with non-detectable THC by COA remain legal for general/online sale.
• Hemp seed products, topicals, or foods not containing any detectable THC.
• Non-intoxicating hemp items (hemp seed oil, textiles, etc.).

Current WSLCB Enforcement: 2025 Snapshot

The WSLCB has issued a string of enforcement bulletins and conducted regular stings/checkpoints throughout 2024 and 2025 (see bulletins). Key trends:

• Products labeled as "hemp-derived delta-9" or "hemp gummies/drinks" with any detectable THC are subject to removal and civil penalty.
• Random audits of grocery/convenience stores to check for at-risk SKUs.
• Import checkpoints for online and wholesale shipments into Washington, targeting distribution hubs and online retailers.
• Suppliers and retailers face escalating fines or license loss after repeat offenses.

Many products once openly sold—like delta-8 beverages and gummies in bars and cafes—have all but vanished from general retail.

Hemp Beverages & Gummies: Status in 2025

• All consumable hemp-derived products with any detectable THC are now restricted to licensed cannabis stores. This includes all “infused” beverages, syrups, seltzers, and gummies with either converted delta-8 or delta-9 THC.
• General retailers—apart from WSLCB-licensed cannabis dispensaries—may not sell these products (WSLCB FAQ).

If you see Delta-8, Delta-9, or THC-O edibles for sale at a grocery or online targeting Washingtonians in 2025, you are likely witnessing a compliance violation.

Online Sales and Import Checkpoints

• Online sales of intoxicating hemp-derived cannabinoids directly to WA consumers are banned unless done through a licensed dispensary.
• Out-of-state brands must comply with Washington’s cannabis system—no loophole exists for unregulated e-commerce.
• Any attempt to import intoxicating hemp-derived products into WA for non-cannabis retail may result in product seizure and investigation.

Supply Chain Compliance Playbook (2025)

From Manufacturer to Retailer: Key Obligations

1. Source Documentation: Every step—import, manufacture, wholesale—must include unbroken documentation showing:

• Origin of cannabinoids (synthetic, converted, or natural)
• Valid Certificate of Analysis (COA) from a WSLCB-recognized lab
• Testing for total THC, presence of delta-8/delta-10, synthetic markers

1. Product Labeling:

• All products with detectable THC must carry cannabis-compliant labeling (see label requirements)
• Must be tamper-evident and list cannabinoid content
• Include required warnings and net weight

1. Wholesale Transfers:

• Only permitted between WSLCB-licensed entities
• Manifest and product tracking required

1. Import Controls:

• Products coming into Washington undergo checkpoint review for compliance
• Non-compliant shipments are routinely seized

Retailer Checklist: Triage and Protect

• Audit Inventory: Remove any SKU with detectable THC (delta-8, delta-10, or converted cannabinoids) from non-cannabis store shelves
• Review all COAs: Confirm all batch COAs are from accredited labs and show “non-detectable THC” status
• Flag Suspicious Products: Any product advertised as intoxicating—or making euphoric/relaxation claims—should be escalated for legal/compliance review
• Stay Updated: Assign a compliance lead to monitor WSLCB bulletins and regulations site weekly

How to Review a COA for Converted Cannabinoids

1. Scrutinize Cannabinoid Profile: Look for any mention of “delta-8,” “delta-10,” “THC-O,” or “synthetic derivation”
2. Check the THC Quantitation: Washington’s threshold is “any detectable THC”
3. Ensure Lab Accreditation: Only accept COAs from state-recognized labs
4. Batch Numbers: Match COA’s batch number with inventory and lot codes for traceability

Penalties and Enforcement in 2025

• First violation for selling banned hemp-derived THC products = fines up to $2,500 and product seizure
• Repeat violations can trigger business license suspension and referral for criminal prosecution
• WSLCB inspectors conduct routine and complaint-based enforcement actions across the supply chain

What’s Next? Ongoing Developments & Best Practices

• Watch for future WSLCB interpretive statements and new legislative sessions—2025 may bring license integration for certain hemp products, but intoxicating products in general retail remain off the table
• Emerging technologies for THC conversion detection—labs are using isotope ratio testing and advanced analytics to help retailers and regulators spot converted compounds

Practical Steps for Navigating the 2025 Landscape

• If you are a non-cannabis retailer: Remove all ingestible products with any THC, perform monthly inventory audits, and maintain an updated compliance binder
• If you are a licensed cannabis retailer: Work closely with suppliers, track incoming manifests and COAs, and frequently update staff on new SKUs, labelling, and compliance alerts
• If you are a manufacturer or importer: Document all cannabinoid sourcing, verify lab compliance, and be proactive in supply chain transparency

Final Thoughts: Compliance Is Now Non-Negotiable

Washington’s 2025 approach to hemp-derived cannabinoids is among the strictest in the US, but clarity—at last—protects both consumers and compliant businesses. All intoxicating products, regardless of hemp or cannabis origin, now flow through the state’s regulated dispensary system. Non-cannabis retailers must act now to secure compliance and manage risks.

Need help? For real-time regulatory tracking, compliance checklists, and expert playbooks, turn to CannabisRegulations.ai. Stay ahead—protect your business and your customers with trusted intelligence.