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Federal farm-bill change closes intoxicating hemp loophole; LCB says little impact for Washington

Liquor and Cannabis Board Executive Management Team · November 12, 2025
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Summary

Communications lead Brian said an emerging federal provision would close a loophole for intoxicating hemp-derived products but that Washington state is largely unaffected because it redefined cannabis in 2023 and does not sell synthetically derived THC in retail stores.

Brian said an emerging provision in recently passed federal funding legislation will close a loophole on intoxicating hemp-derived products, an issue several attorneys general had urged Congress to address. He cautioned that the provision will affect many states that have not redefined cannabis in state law, but told the board Washington has limited exposure because the state redefined cannabis in 2023 and the LCB’s retail stores do not sell synthetically derived THC.

Board member Holmes agreed the change could be beneficial for licensed cannabis businesses by reducing illegal cross-border competition and asked communications staff to circulate a recent industry article outlining the development.