Washington

Medical marijuana patients are exempt from state sales tax when purchasing cannabis from a licensed medical dispensary. Medical marijuana patients and designated caregivers can purchase a combination of these products: 

• Usable marijuana in flower/bud form (up to 3 ounces or 85 grams)
• Marijuana products in solid form (up to 48 ounces or 1.36 kilograms)
• Marijuana products in liquid form (up to 216 ounces or 6.4 liters) or marijuana concentrates (up to 21 grams) 

Recreational marijuana consumers at least 21 years old are restricted to the following limits when purchasing cannabis products: 

• Usable marijuana in flower/bud form (up to 1 ounce or 28.35 grams)
• Marijuana products in solid form (up to 16 ounces or 453.59 grams)
• Marijuana products in liquid form (up to 72-ounces or 2.13 liters) or marijuana concentrates (up to 7 grams)

Available Marijuana Products

In Washington dispensaries, there is a wide variety of cannabis products to choose from that can benefit medical marijuana patients and recreational users alike. At this time, dispensaries in the Pacific Northwestern state can only sell marijuana flower/bud, concentrates, various edible infused products, and paraphernalia like bowls, pipes, bongs, etc. 

Unfortunately, Washington dispensaries aren’t allowed to sell any type of branded merchandise such as hats, t-shirts, or sweatshirts. 

Taxes on Marijuana In Washington

Taxes on Recreational Marijuana In Washington

In Washington, recreational marijuana consumers should expect to pay a hefty excise and sales tax on any marijuana products. It’s mandatory for Washington dispensaries to collect a 37 percent marijuana excise tax on top of state and local sales tax at the time of the sale. 

So, if you’re at least 21 years old and you don’t have a Washington medical marijuana card, be prepared to pay a little extra for any cannabis product. 

Taxes on Medical Marijuana In Washington

Although the prices of marijuana products may seem high, Washington medical marijuana patients don’t have to pay sales tax on marijuana products. Therefore, one reason to keep your state medical marijuana card is to avoid paying the state’s marijuana sales and excise tax. To avoid taxes when purchasing cannabis, you must show your state-issued medical marijuana card in order for budtenders to waive taxes at the time of purchase.

Possession

Medical marijuana patients can purchase and possess larger quantities of marijuana than recreational users. For example, registered medical patients can possess these amounts of marijuana products:

• Usable marijuana in flower/bud form (up to 3 ounces or 85 grams)
• Marijuana products in solid form (up to 48 ounces or 1.36 kilograms)
• Marijuana products in liquid form (up to 216 ounces or 6.4 liters) or marijuana concentrates (up to 21 grams)

Oppositely, recreational marijuana users are limited to these amounts of product on any given day:

• Usable marijuana in flower/bud form (up to 1 ounce or 28.35 grams)
• Marijuana products in solid form (up to 16 ounces or 453.59 grams)
• Marijuana products in liquid form (up to 72-ounces or 2.13 liters) or marijuana concentrates (up to 7 grams)

Using Marijuana In Washington

Currently, the only places in which medical marijuana patients and recreational marijuana users can consume marijuana products is on private property. This can either be on their own private property or the property of a friend, neighbor, or relative. Also, it’s possible for some apartment complexes to allow marijuana consumption but it’s highly recommended to check with your landlord beforehand. Even when you are consuming marijuana on private property it must be out of sight from the general public. 

Below are several places that do and don’t allow marijuana consumption:  

Areas in Washington that DO NOT allow the use of marijuana:

• Parks
• Recreation centers and areas
• Schools and school grounds
• Restaurants, bars, and cafes
• Night clubs

Areas in Washington that DO allow the use of marijuana:

• Medical marijuana patients’ private property
• A recreational consumers’ private property (must be at least 21 years old)
• Private property of a friend, neighbor, or relative

Smoking Marijuana on Federal Lands

Since marijuana federally illegal in the U.S., it’s strictly prohibited to smoke marijuana on federal lands. If you are caught bringing marijuana onto federal land you may face steep fines or even jail time since marijuana is classified as a Schedule I substance. 

If you want to medicate before hitting a national park like Palouse Falls State Park or Cape Disappointment State Park, smoke on private property beforehand and then have someone drive you to the location you want to go.

Medical Marijuana In Washington

In 1998, Washington state voters passed Initiative 692 (I-692), which legalized medical marijuana. As a result of this groundbreaking move, qualifying medical marijuana patients and designated caregivers were given the right to possess and/or consume various quantities of marijuana products. The victory of I-692 was a significant one, as Washington was one of the first states in the country to enact a medical marijuana program.

In 2010, the Washington legislature approved SB 5798. The approval of this bill gave healthcare professionals other than doctors the right to recommend medical marijuana to various patients.

How to Get a Medical Marijuana Card In Washington

To apply for and receive a medical marijuana card in Washington, an individual must be a Washington resident and follow the steps below to complete the process: 

1. Washington residents who have been diagnosed with any of the state’s qualifying medical conditions must get a medical marijuana authorization form from a healthcare practitioner who can legally recommend marijuana for medicinal purposes

• A few qualifying medical conditions on Washington’s list include but aren’t limited to the following: cancer, epilepsy and seizure disorders, glaucoma, HIV/AIDS, Multiple Sclerosis (MS), intractable pain, and Crohn’s Disease
• To read the state’s full list of qualifying conditions, click here
• Several different medical professionals can evaluate patients and provide medical marijuana recommendations including the following: physician assistants, medical doctors, doctors of osteopathy, naturopathic doctors, osteopathic physician assistants, and advanced registered nurse practitioners

2. The medical marijuana authorization form must be filled out by a healthcare practitioner alongside a patient and/or designated caregiver

3. Qualifying patients must be registered with the state’s medical marijuana authorization database

• Registration can be done by the patient and/or designated caregiver calling a medically endorsed marijuana store in Washington and scheduling an appointment with a certified consultant
• Before the appointment, the patient and/or caregiver must bring their original authorization form and state-issued identification card with them
• If everything on the authorization form is filled out correctly, the certified consultant will enter the patients’ information and/or their designated caregiver’s information into the state’s database

4. After qualifying patients are added to the database, they can pick up their medical marijuana card from any medically endorsed marijuana business or retailer in the state (cardholders must pay a $1 fee once their card is created.)

Out-of-State Medical Cards

Currently, Washington doesn’t have a reciprocity system in place in which out-of-state medical marijuana cardholders can purchase medical marijuana products when visiting the state. Fortunately out-of-state residents at least 21 years old can purchase whichever recreational cannabis products they like. They will, of course, have to pay excise and sales taxes for those products, unlike state medical marijuana patients.

How to Transport Marijuana In Washington

Transporting Marijuana In Washington

Since marijuana is recreationally and medically legal in Washington, individuals 21 and over can transport marijuana to select locations. For example, medical marijuana patients, designated caregivers and recreational marijuana customers at least 21 years old can purchase products at dispensaries and then transport them back to their homes. Washington state law frowns upon individuals driving around to multiple locations with marijuana products in their vehicles.

Additionally, when transporting marijuana in a vehicle, all products must be placed within a sealed container and stored in a vehicle’s trunk or location that cannot be accessed from the driver's seat. Also, it’s strictly illegal to drive with any open packages or containers of marijuana products.

Driving While Under the Influence of Marijuana

In all U.S. states, including Washington, it’s illegal to drive a vehicle while under the influence of marijuana. In Washington state, they have a legal THC limit similar to a blood alcohol limit. 

According to Washington state law, it’s illegal for individuals to drive with 5 nanograms/milliliters of THC or more in their blood if they’re at least 21 years old. If an individual is younger than 21, it’s illegal to drive with any amount of THC in their blood. Blood tests are done at police stations or medical facilities and a licensed professional draws an individuals’ blood. 

There’s no reason to drive while high, especially when there are a plethora of ride-sharing methods available that can be accessed simply via phone apps. 

Driving Across State Lines with Marijuana

Although marijuana is medically and recreationally legal in many U.S. states, it’s illegal to drive across state lines with any marijuana products. Since marijuana is a federally illegal substance, it’s strictly against the law to bring marijuana-infused products into other states. If you’re caught committing this crime, expect to face serious consequences ranging from expensive fines to possible jail time. 

Growing Marijuana In Washington

In Washington state, if you’re a registered medical marijuana patient or a designated caregiver, you can legally cultivate marijuana on your own private property. Medical marijuana patients and caregivers can grow up to 6 plants in the privacy of their own homes and can possess up to 8 ounces of usable marijuana from the plants they grow. All individuals who choose to cultivate their own marijuana plants must be at least 21 years old and grow their plants in a location that’s hidden from the public.

An added bonus is that licensed healthcare practitioners have the right to approve their patients to cultivate up to 15 marijuana plants or possess up to 16 ounces of usable marijuana generated from plants they grow. Unfortunately, it’s illegal for recreational consumers to cultivate marijuana for personal use. If you wish to cultivate marijuana, you can either become a licensed caregiver or apply for a medical marijuana card.

Resources

• https://norml.org/laws/washington-penalties-2/
• http://mrsc.org/Home/Explore-Topics/legal/Regulation/marijuana-Regulation-in-Washington-State.aspx
• https://lcb.wa.gov/mj-education/know-the-law