Washington Marijuana Laws

Among American states, Washington has led the way in making marijuana accessible to its residents. In 1998, voters passed Initiative 162 to create the Medical Use of Marijuana Act. In 2012, voters said yes to Initiative 502, becoming the first state to legalize adult-use recreational marijuana. Washington became the second state (after Colorado) to allow non-medical marijuana sales.

Possession and use of certain amounts of marijuana (also known as cannabis) are legal in the state of Washington. Yet, there are significant penalties for violating Washington cannabis laws. Knowing what's legal (and what isn't) can save you a lot of trouble.

This article will discuss the medical marijuana program, recreational use rules, cultivation, and much more about the cannabis laws in Washington.

Washington Marijuana Laws: How They Work

The Washington State Liquor and Cannabis Board (LCB) regulates recreational cannabis. The LCB establishes zoning requirements and other rules for retail stores and cannabis businesses. The Washington Department of Health oversees the Medical Cannabis Program (MCP), the authorization database, and other aspects of medical marijuana use.

Recreational users over 21 can possess up to 1 ounce/28 grams of usable cannabis flower or the equivalent in THC (tetrahydrocannabinol)-infused products. Patients in the medical cannabis authorization database can have up to 3 ounces/84 grams of usable cannabis flower or the equivalent.

All purchases of cannabis or cannabis products must be from state-licensed dispensaries. Dispensaries can sell medical cannabis, recreational-use cannabis, or both. Only cardholders in the authorization database can buy medical-grade cannabis products, which can have a higher THC content.

It's illegal to use any marijuana products in public places. It's a class 3 civil violation with a fine of $50 for first-time offenders. It's also against the law to smoke marijuana anywhere the Washington Clear Air Act bans smoking. Most legal use of cannabis happens in private residences.

As of February 2025, marijuana is still classified as a Schedule I drug in the Controlled Substances Act. This means that a marijuana offense on federal lands, such as national parks, military bases, and federal courthouses, may get charged under federal law.

Let's take a look at the differences between medical marijuana use and adult recreational use.

Washington Medical Marijuana Laws

Patients with certain medical conditions can apply to become members of the medical cannabis program in Washington. The first step requires meeting with a registered Washington physician. They need to confirm that you suffer from one or more of the following qualifying conditions:

• Multiple sclerosis (MS)
• Cancer
• Post-traumatic stress disorder (PTSD)
• HIV/AIDS
• Epilepsy or another seizure disorder
• Spasticity disorders
• Intractable pain
• Glaucoma
• Crohn's disease
• Hepatitis C
• Diseases like anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity
• Traumatic brain injury

If your medical condition isn't listed and you want to know if it qualifies, speak with your doctor or contact the state's Department of Health.

If your doctor agrees you're eligible for treatment, have them fill out the authorization form. Take the completed form to a licensed dispensary that sells medical cannabis. Make an appointment with the certified medical cannabis consultant who works there. They'll use your authorization form to enter you into the database and issue you a medical cannabis recognition card. They will also collect $1 for the Board of Health and up to $9 for the store.

As a member of the authorization database, you can possess up to triple what recreational users can. The medical patient limit can depend on the product. Available options include:

• 3 ounces/85 grams of usable cannabis flower
• 48 ounces/1360.8 grams of THC-infused marijuana products in solid form, like gummies, brownies, lozenges, and other edibles
• 1.69 gallons/6.4 liters of THC-infused cannabis products in liquid form, like tinctures and beverages (without alcohol)
• 0.74 ounces/21 grams of cannabis concentrate

You can use any combination if it stays below the possession limit. As of 2024, medical cannabis recognition cardholders no longer have to pay the 37% Washington cannabis excise tax on purchases.

Medical users and caregivers can cultivate and process up to six mature cannabis plants at their homes. All growing must be in an enclosed, locked space that is out of public view. Patients may keep up to 8 ounces/226.8 grams from their cultivation for personal use. This does not count against the 3-ounce/85-grams possession limit.

An authorizing physician can raise the limits to 15 mature cannabis plants and 16 ounces/453.6 grams per household. Medical patients who are not in the authorization database can cultivate up to 4 mature cannabis plants. This is only if they have doctor approval.

Washington Adult-Use Recreational Marijuana Laws

Adults over 21 may have up to 1 ounce/28 grams of usable cannabis or the equivalent in other forms or marijuana-infused products:

• 16 ounces/453.6 grams of THC-infused marijuana products in solid form, like gummies, brownies, lozenges, and other edibles
• 72 ounces/2.13 liters of THC-infused cannabis products in liquid form, like tinctures and beverages (without alcohol)
• 0.25 ounces/7 grams of cannabis concentrate

You can mix different types if it stays under or equal to the legal limit. Be aware that there is a 37% Washington cannabis excise tax on all recreational marijuana retail sales.

Unlike medical cannabis recognition cardholders, recreational marijuana users can't cultivate cannabis plants. A 2024 bill that would have allowed any adult over 21 to cultivate four mature cannabis plants did not pass. It never even reached the Senate, dying in a House committee instead. Washington's illegal cultivation penalties are severe: Growing even a single plant is a class C felony.

Adults over 21 can share or gift up to 1/2 ounce (14 grams) to another adult. As long as there is no payment, it's a legal transaction.

Washington has tried to reduce the penalties for possession cases violating legal use limits. In 2021, the Washington Supreme Court invalidated the state's drug possession law as it did not require knowing possession. Reform efforts led to compromise. Illegal possession offenses without the intent to distribute or manufacture now only carry misdemeanor penalties.

Washington Cannabis Law Penalties

Punishments for cannabis infractions can mirror those of other intoxicants. Operating a motor vehicle while impaired by cannabis use carries the same penalties as an alcohol-caused DUI. You're considered under the influence of marijuana if you have 5 nanograms of active THC per milliliter of blood. As a Washington driver, you've given implied consent for a drug test, so be careful.

The table below offers a detailed summary of Washington marijuana offenses and penalties.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Washington drug crime attorney or conduct independent legal research to verify the status of any Washington state laws you may be reviewing.

Washington Marijuana Laws: Related Resources

• Washington Law
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.
• Medical Marijuana Laws by State
• Cannabis Law Section
• Marijuana Legalization and Decriminalization Overview
• Consumer's Guide to Washington Cannabis Laws

Trouble With Cannabis in Washington? Speak to an Attorney

Washington allows all adults 21 and older to use marijuana, but that doesn't mean anything goes. "It was just over an ounce of cannabis" may not get you out of trouble. Penalties for possession, cultivation, and sales can ruin your life.

If you or a loved one is on the wrong side of Washington's marijuana laws, consider speaking with an experienced criminal law attorney. They can give you legal advice, examine your options, and find the best solution possible.