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Weed Laws in Washington
At the top of the Pacific Northwestern region of the United States sits the State of Washington. It is nicknamed The Evergreen State for its beautiful outdoor landscapes of temperate rainforests like the Olympic National Park and picturesque mountain ranges like Mount Rainer. It has more than 7.7 million residents, most of them populating the Seattle metropolitan area located in Puget Sound – an inlet of the Pacific Ocean consisting of multiple islands, deep fjords, and bays. The State is one of the wealthiest in the nation and known for its overwhelming liberal views.
Washington has led the way for the country with its history of progressive cannabis legislation. In 1971 the state reduced the punishment for possession of 40 grams or less to a misdemeanor and subsequently did not acknowledge cannabis as an “opiate” or narcotic.” Initiative 692 legalized medical cannabis usage in 1998, and in 2012 the State was one of the first to legalize recreational use– they beat Colorado by about three hours. The State has a distinct separation between medical and recreational patients. Medical patients must have a doctor's recommendation and are exempt from the high tax rate of 37%.
Between 2019 and 2021, cannabis sales soared by $450 million, or 43%, due mainly to the stay-at-home orders brought on by the global Covid pandemic. In 2021 Washington's legal cannabis generated $559.5 million, and the industry is estimated to employ almost 20,000 people. Over 600 different dispensaries throughout the State are available to adults over 21 years old with valid IDs.
Is Weed Legal in Washington?
YES. Adults aged 21 and over can legally take marijuana for medicinal or recreational use in the State of Washington. For recreational purchases, you just need a valid ID.
To get a Washington medical marijuana card, you must first get an authorization for a qualifying medical condition from a health care practitioner. You then can register at a medically endorsed retail store with a medical marijuana consultant (certified consultant) who may enlist you into the medical marijuana database and issue a medical marijuana card. Enrollment is optional for adults 18 and older but mandatory for minors under 18.
If you're approved for compassionate care renewals, you can re-certify via telehealth with NuggMD.
Weed Legalization in Washington
Washington's history of cannabis legislation dates back to the 1920s with its initial prohibition of the plant with House Bill 3. Possession of cannabis could land you up to 10 years in prison. In 1979, the Washington Court of Appeals acknowledged a medical necessity defense for cannabis possession in the case of State v. Diana when a man with multiple sclerosis appealed his conviction of possession of cannabis because he needed it for his condition.
In 1971 Washington State Legislature recognized that cannabis was neither an opiate nor a narcotic and reduced possession of fewer than 40 grams to a misdemeanor. Initiative 692 was filed and passed in 1998 and allowed physicians to recommend cannabis for qualifying medical conditions, including but not limited to terminal cancer, AIDs, and multiple sclerosis. It allowed qualifying patients to possess up to a 60-day supply, or up to 24 ounces and up to 15 plants.
The State relaxed its focus on cannabis convictions in 2003 when Initiative 75 passed and made adult cannabis possession the lowest priority for law enforcement. The State continued to operate its medical cannabis program with minor issues. Recreational legalization came in 2012 when Initiative 502 was enacted. The first retail dispensary opened in Washington state in 2014.
As of 2023, the consumption of cannabis is legal for medicinal and recreational use in the state of Washington.
Cannabis Tax in Washington
There are over 600 cannabis dispensaries throughout The Evergreen State. Adults 21 and over can purchase recreational cannabis with a valid ID, and medical cards are available for those with recommendations from their health care practitioner. A gram of flower can cost anywhere from $10 to $20 depending on the supply before tax.
The states levy up to a 47% tax on marijuana purchases, which covers:
- 37% Excise tax imposed upon all marijuana and marijuana products retail purchases.
- Sales Tax: 7.0-10.4%
Washington's medical cannabis cardholders are exempt from the State's cannabis taxes. Revenues collected by the Liquor and Cannabis Board from legal cannabis taxes, license fees, and penalties are distributed as follows, according to the Liquor and Cannabis Control Board's FY 2021 Annual Report:
- General Fund – $191 million
- Basic Health – $272 million
- Local Governments – $15 million
- Washington State Health Care Authority – $54 million
- Department of Health – $9.7 million
- Washington State Patrol – $2.3 million
- Washington Liquor and Cannabis Board – $10.4
- Other – $1.8 million
Is Cannabis Delivery Available in Washington?
NO, marijuana delivery is not available for either medicinal or recreational purposes in the State of Washington. In 2018 an initiative to legalize cannabis delivery failed but prompted legislators to direct funds into studying ways to implement a system for home delivery services. The more significant issue that stakeholders want to address before executing delivery services is the lack of medically compliant products available. While attempts have been made to create improvised delivery services, a judge ruled those attempts violated state law.
Where Can You Legally Use Weed in Washington?
Cannabis can be legally used in the following areas in Washington:
🗹 Private properties such as residences as long as the property owner permits it.
Cannabis CANNOT be consumed in:
X Public spaces
X Businesses that lack a license for commercial cannabis consumption
X Motorized vehicles in motion, for both driver and passengers
What are the Restrictions on Cannabis Possession in Washington?
Adults aged 21 and above may purchase and possess up to:
- Cannabis Flower or “bud”: 1 ounce
- Edibles 16 ounces
- Liquid Cannabis 72 ounces
- Cannabis concentrates: 7 grams
For transfer to another adult:
- It remains a felony for anyone but a licensed retailer to sell or provide cannabis to anyone else.
For the State's home cultivation program:
Personal marijuana home grows are currently prohibited under Washington State law without a medical marijuana authorization.
- Maximum # of plants:
- Qualifying patients with a medical authorization 4 plants in the home away from public view.
- Patients registered in the Medical Marijuana Authorization Database and have an authorization 6-15 plants per household, depending on the recommendation.
- The limit of 15 plants stands even if multiple qualifying patients live in the house.
For medicinal use:
- Dried cannabis: 3 ounces
- Edible/Solid infused Product 48 ounces
- Liquid cannabis 216 ounces
- Cannabis concentrates: 21 grams
During vehicular transportation:
- Cannabis may either be in a sealed, original container, or
- Stored in the passenger compartment of the vehicle
Frequently Asked Questions About Marijuana in Washington
What are the age restrictions for becoming an MMJ patient in Washington?
As long as the recommendation is appropriate under the law, a medical practitioner can authorize cannabis use for any patient despite age.
How do I get a Washington Medical Marijuana Card?
It takes three easy steps to get your Washington medical marijuana card:
- See your health care practitioner to be evaluated for treatment
- Get a medical marijuana authorization form from your practitioner
- Go to a medically-endorsed store to get your medical marijuana card
Once you have your medical marijuana card, you can shop for medical marijuana products or cultivate your plants.
If you're approved for compassionate care renewals, you can re-certify via telehealth with NuggMD.
How can I get set up with a designated MMJ provider in Washington?
If a designated provider is needed, it is the patient's responsibility to find and agree with someone who can assist with their medical marijuana needs.
How much does it cost to become an MMJ patient in Washington?
MMJ cards in Washington State start at $1. However, retailers can charge up to $10. Patients are responsible for paying for all medical expenses to obtain a recommendation from their health care practitioners. The cost of medical cannabis products varies per retailer.
Does Washington accept out-of-state medical cards?
No. Washington state does not have medical marijuana reciprocity.
How long will my Washington MMJ authorization be valid?
A Washington MMJ authorization is good for up to 1 year, depending on the treatment established by your doctor, and up to 6 months for qualifying minors.
Are there benefits to registering with Washington's medical marijuana patient database?
Yes. MMJ patients may purchase 3 times the recreational limit, are exempt from sales taxes in medically endorsed stores, and may grow their own cannabis plants.
The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.