Is Delta-10 THC Legal in Washington?
May 22, 2026
Is delta-10 legal in Washington? No. WSLCB Policy Statement #PS21-01 and SB 5367 (2023) treat synthetic delta-10 as a Schedule I controlled substance.
Is delta-10 legal in Washington? No. WSLCB Policy Statement #PS21-01 and SB 5367 (2023) treat synthetic delta-10 as a Schedule I controlled substance.
Last reviewed: May 22, 2026
No. Washington does not permit hemp-derived delta-10 THC at any retail tier. WSLCB Policy Statement #PS21-01 (April 28, 2021) classifies chemically synthesized THC isomers, including delta-10, as Schedule I controlled substances under RCW 69.50.204. SB 5367 (2023) closed the remaining general-retail path by pulling any product with detectable THC into the WSLCB licensed cannabis system, and WSLCB licensees are barred from stocking synthetic delta-10.
The Washington State Liquor and Cannabis Board (WSLCB) regulates licensed cannabis under RCW Chapter 69.50, the state's Uniform Controlled Substances Act, and Initiative 502 (2012). The Washington State Department of Agriculture (WSDA) administers hemp cultivation under RCW Chapter 15.140 (the Washington Hemp Production Act). Adults 21 and over may possess up to 1 ounce of useable cannabis under RCW 69.50.360.
Delta-10 THC appeared in commercial hemp products around 2020 as manufacturers expanded the synthetic-isomer playbook beyond delta-8. WSLCB issued Policy Statement #PS21-01 in April 2021, treating all chemically synthesized THC isomers, including delta-10, as Schedule I substances. Cannabis Bulletin 21-03 (September 2021) reinforced the prohibition for licensed cannabis processors and retailers.
RCW 69.50.204 lists tetrahydrocannabinols and their synthetic equivalents in Schedule I. Commercial delta-10 is almost always produced by isomerization from hemp-derived CBD or delta-8, which is a chemical conversion process. WSLCB reads "synthetic equivalents" to include delta-10 made by that conversion. Policy Statement #PS21-01 makes the position explicit, and Bulletin 21-03 prohibits licensed cannabis processors from manufacturing delta-10 and licensed retailers from buying or selling it.
SB 5367 (2023) then pulled any product with detectable THC into the cannabis product definition. Hemp-retail sale of delta-10 is therefore prohibited on two grounds: the product contains detectable THC (SB 5367) and the cannabinoid itself is a Schedule I synthetic equivalent (RCW 69.50.204 plus PS21-01). Even the WSLCB cannabis channel does not provide a path because licensees may not stock synthetic delta-10.
WSDA hemp cultivation licensees may grow hemp that contains naturally occurring trace delta-10, but commercial concentrations require chemical conversion, which falls outside the lawful production category.
WSLCB enforcement against unlicensed delta-10 retail has tracked closely with delta-8 enforcement since 2021. Cease-and-desist letters, joint inspections with local law enforcement, and stop-sale orders have been the typical tools. Most delta-10 vapes and gummies pulled from Washington shelves were sold alongside delta-8 SKUs at smoke shops, gas stations, and CBD stores. Licensed cannabis processors found to be producing delta-10 face license revocation under RCW Chapter 69.50.
You cannot legally buy hemp-derived delta-10 products in Washington. WSLCB-licensed cannabis retailers may not stock them, and unlicensed hemp shops may not sell any product with detectable THC. Out-of-state online retailers that ship delta-10 to Washington addresses are exposing both buyer and seller to controlled-substance enforcement under RCW 69.50. Delta-10 metabolites overlap with delta-9 metabolites on standard drug tests.
The federal hemp redefinition in H.R. 5371 §781, signed November 12, 2025 and effective November 12, 2026, explicitly excludes synthetic and chemically converted cannabinoids from the federal hemp definition. Delta-10 is one of the canonical products that the federal exclusion targets. After November 12, 2026, delta-10 loses any remaining federal Farm Bill argument nationwide, aligning federal law with Washington's longstanding WSLCB position. For comparison with how Washington treats THCA, see our Washington THCA page.
Is delta-10 THC legal in Washington in 2026? No. WSLCB Policy Statement #PS21-01 (2021) treats chemically synthesized delta-10 as a Schedule I controlled substance, and SB 5367 (2023) bars all retail sale of products with detectable THC outside the WSLCB system. Licensed retailers may not stock delta-10 either.
What is delta-10 and how is it produced? Delta-10 is a minor THC isomer produced commercially by chemical conversion from hemp-derived CBD or delta-8. Trace amounts occur naturally in cannabis but not at the concentrations found in retail products.
Can I buy delta-10 at a Washington licensed cannabis store? No. WSLCB Bulletin 21-03 prohibits licensed processors from manufacturing delta-10 and licensed retailers from buying or selling it.
Does delta-10 show up on a drug test? Yes. Delta-10 metabolites overlap with delta-9 metabolites on standard urine, saliva, and hair screens.
Can I order delta-10 online to Washington? Out-of-state shipments of delta-10 to Washington addresses violate state law and may be intercepted. Both seller and recipient face controlled-substance exposure under RCW 69.50.
What changes for delta-10 nationally on November 12, 2026? The federal hemp redefinition excludes synthetic and chemically converted cannabinoids from the federal hemp definition. Delta-10 loses any remaining federal Farm Bill defense on that date.
How does Washington compare to other states on delta-10? Washington was an early mover against synthetic THC isomers and remains one of the strictest states. See our 2025 hemp regulation roundup for state-by-state comparisons.
This page is provided for informational purposes by ComplyAssistAI LLC and is not legal advice. Hemp and cannabis law in Washington changes frequently. For business compliance questions, consult a Washington-licensed cannabis attorney. Find one in our Cannabis Lawyer Directory.
Illegal
Washington SB 5367 (2023); WSLCB Policy Statement #PS21-01 (2021); RCW Chapter 69.50; RCW 69.50.204
Chemically synthesized delta-10 THC is treated as a Schedule I controlled substance under RCW 69.50.204. WSLCB-licensed cannabis licensees may not manufacture, purchase, or sell hemp-derived delta-10.
Yes
