SB 5372 Important First Step in Washington’s Hemp Market

Even though Washington State’s hemp plan has been on the books since February 20, 2020, when Washington’s Hemp Plan was approved by the United States Department of Agriculture. The groundwork for Washington’s Hemp Plan was laid when Washington passed Senate Bill 5276, Washington’s Hemp Production Bill.

Since that time, those working in the Washington’s hemp industry have been in the dark about how to be state compliance in this new industry. Early guidance from the Washington’s department of agriculture had heavy ties to the Food and Drug Administration, which created a review process in lock-step with the federal government’s often draconian and outdated views on CBD.

With the passage and signing of Senate Bill 5372, Washington’s hemp infrastructure moves forward. The bill creates a registration with the Department of Agriculture that is not mandatory. In addition, the law clarifies, unfortunately, that hemp extracts are not currently approved for use in food, which has been the standard response from the WSDA, given their adherence to FDA protocols. However, the extractor certification does allow use of the extract in food in a state that explicitly allows hemp extracts in food. Despite the federal stance, several states have explicitly allowed the use of hemp extract in food and supplements. The extraction certification will require inspection and good manufacturing practices implementation, and will be utilized in lieu of the State’s standard food certification.

The bill goes into effect on July 25, 2021.