Cannabis retailers are just like all other retailers this time of year, hoping to get a big boost in business from the holiday season. Some of that certainly comes from individuals buying for themselves to take the edge off during busy family functions, but it goes without saying that people are also out there buying cannabis as a gift for friends and loved ones.
But that is despite the fact that while cannabis is likely to be more well received than a new pair of socks, it can have radically different legal ramifications.
Washington's rules on gifting cannabis have changed over the years, with recent changes clarifying the legality of giving cannabis to someone else.
Take the socks example again. Obviously you can legally give someone a pair of socks as a gift. You could give them a hundred pairs of socks, if you wanted to be that kind of person. But when it comes to cannabis, more might be merrier, but not necessarily legal.
First of all, there is a limit to how much cannabis a person can legally possess at any given time. For cannabis flower, that limit is 1 ounce, which is also the limit that can be purchased at any one time.
If someone on your list just picked up an ounce at a dispensary, and you give them another gram, they're now committing a misdemeanor and could face up to a $1,000 fine. Are they really at much risk in that scenario? Well, no, because law enforcement can't show up to a private residence and do a cannabis search for no reason.
Other rules more specific to gifting cannabis are also similarly hard to enforce.
Washington's state code defines how to legally give cannabis as a gift. However, like all state code, it's not exactly easy reading.
"The delivery by a person 21 years of age or older to one or more persons 21 years of age or older, during a single 24 hour period, for noncommercial purposes and not conditioned upon or done in connection with the provision or receipt of financial consideration, of any of the following cannabis products, is not a violation of this section, this chapter, or any other provisions of Washington state law..." can make your eyes glaze over, and that's before you even get to the specific products and quantities.
However, there are some simple ground rules to follow.
- Don't give more than a half-ounce of "usable cannabis" — flower, pre-rolls, etc.
- Don't give more than 100 milligrams of THC in concentrate form — vape cartridges, edibles, beverages, etc.
- Don't give any cannabis to a minor under 21.
- Don't give cannabis in any form or quantity in exchange for money — technically this means you shouldn't Venmo a friend to buy you something at a dispensary.
- Don't give the same person cannabis more than one time a day.
- Any cannabis gifted must have been legally purchased in Washington and still in its original packaging.
Stay within those rules, and you're likely to stay on the right side of the law this holiday season. But remember, that's just you, not necessarily the person receiving the gift. They could still find themselves above the personal possession limit simply by receiving a gift.
It may not be as clear cut as what you need to know before wrapping up a pair of socks — about all you need to know with that gift is maybe come up with a better idea — but at least it's not fully illegal anymore.
So gift away this holiday season, but if you're the paranoid type of consumer, you may want to read through the code in RCW 69.50.4013 before you get to shopping. ♦
