On July 22, the Washington State Liquor and Cannabis Board (“LCB”) issued a notice of adoption of an interpretive statement (the “Notice”) in which the agency clarified authorized practices for marijuana processor licensees. The Notice stipulates that licensed marijuana processors cannot legally convert cannabidiol (“CBD”) into delta-9 THC because their license privileges do not allow them to manufacture THC.
Specifically, the LCB explains that:
Licensed marijuana producer may produce “marijuana” products exceeding 0.3 percent THC concentration on a dry weight basis and are authorized by statute to source “marijuana” from licensed “marijuana” producers only; The statutory language does not authorize a licensed processor to source hemp-based product, such as legally derived CBD, and convert it to delta-9 THC; The process of conversion is not an identified privilege afforded to license marijuana processors; and RCW 69.50.326 enables licensed processors to source CBD products, whether from inside or outside the regulated system, for the purpose of enhancing the CBD concentration of marijuana and marijuana products. Yet, it does not address or affirmatively authorize the use of other isomers or derivatives of marijuana as additives to marijuana and marijuana products, nor does it authorize licensed processors to process other isomers or derivatives