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Board moves forward with THC product and labeling rules under SSB 5367

Liquor and Cannabis Board · July 31, 2024
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Summary

The board approved a CR 102 to implement SSB 5367, proposing limits on delta‑9 THC (10 mg per serving; 100 mg per package), new labeling/testing requirements for additional THC compounds, and changes to laboratory certification language; public hearing set for Sept. 11.

The Liquor and Cannabis Board on July 31 approved filing a CR 102 to implement provisions of Substitute Senate Bill 5367 addressing products that contain various tetrahydrocannabinols.

Cassidy West, policy and rules manager, told the board the proposed rule changes would amend several WAC sections to align with statute and to protect consumer safety. Among the substantive proposals she highlighted: a cap of 10 milligrams of active delta‑9 THC per single serving and 100 milligrams per package; a 0.5 milligram per gram cap for any additional single tetrahydrocannabinol compound with a combined cap for additional compounds; and continued emphasis on testing and labeling. West said testing remains focused on delta‑9 and delta‑9 THCA as the predominant naturally occurring cannabinoids but that a new requirement would require testing and reporting for additional THC compounds if they are labeled or marketed on a product.

West also described changes to the calculation of total THC to account for additional compounds (including molar mass adjustments), a technical shift from 'potency analysis' to 'cannabinoid concentration analysis' to align with Washington State Department of Agriculture (WSDA) rules, and replacement of the term 'containers' with 'packaging' for statutory consistency. She noted the agency is coordinating with WSDA on lab accreditation and that some laboratory standards are being transitioned.

The board moved, seconded and approved filing the CR 102; a public hearing is scheduled for Sept. 11, 2024; if unchanged, final sections will be filed Sept. 25 for an Oct. 26 effective date.