Specifically, this bill would increase the minimum legal age of sale of cannabis products with a THC concentration greater than 35%—to 25 years—with an exception for qualifying patients and designated medical providers. According to the bill’s sponsors, high-THC cannabis products pose physical and mental harms that must be addressed.
The bill’s sponsors claim their viewpoints are backed by a consensus statement by researchers from both Washington State University and the University of Washington, who released a November 2020 report on “Cannabis Concentration and Health Risks.”
“Use of cannabis with high THC concentration increases the chances of developing cannabis use disorder or addiction to cannabis, particularly among adolescents,” according to the university researchers. “Daily cannabis use, particularly of high potency products, increases the risk of developing a psychotic disorder, like schizophrenia, and is related to an earlier onset of symptoms compared to people who do not use cannabis.”
So far, 20 states in the U.S. have launched adult-use cannabis sales, and every one of these marketplaces allows those 21 years and older to legally purchase products at licensed dispensaries. But now one of the guinea pigs of legalization has a bill on the table to increase the age limit.
Washington state Reps. Lauren Davis, D-Shoreline, and Tom Dent, R-Moses Lake, introduced House Bill 2320, legislation concerning “high-THC cannabis products,” on Jan. 11 in the House Committee on Regulated Substances and Gaming, where it is scheduled for a public hearing at 4 p.m. Jan. 16.
“Today, there’s no legal limit on the potency of the psychoactive element, THC, in cannabis concentrates,” Davis said in a press release. “Cannabis vape oils, dabs and shatter are regularly sold with a THC potency of nearly 100 percent—a ten-fold increase in potency from when cannabis was legalized in 2012. These concentrated products are different. And dangerous.”
Washington and Colorado were the first states in the nation to legalize adult-use cannabis in the November 2012 election via Initiative 502 and Amendment 64, respectively. Both states launched adult-use sales in 2014 for those 21 years and older, and another 18 states have followed their lead since. (While 24 states have legalized adult-use cannabis, four have yet to launch commercial retail markets.)
While many legalization advocates across the U.S. have said the age restriction for cannabis sales should mirror alcohol sales, lawmakers who have argued more conservative stances in various state legislatures have pushed to increase the age limit to 25 years for cannabis, saying the human brain continues to develop up until then.
And although this scientific viewpoint on the timeline for brain development hasn’t changed since Washington voters legalized cannabis in 2012, the products available in today’s cannabis market are increasingly more potent than traditional dried flower, according to Davis and Dent.
“The cannabis industry has changed considerably since cannabis was legalized,” Dent said. “This legislation is needed to address the everchanging market and put some measures in place to protect cannabis users and our youth.”
Davis and Dent included a section of this consensus statement in their legislation; however, they failed to mention that the researchers were specifically referring to evidence on the “detrimental impact of THC use” during adolescence (14 to 18 years of age).
In addition to raising the minimum age to 25 to purchase adult-use cannabis, H.B. 2320 would require the state’s Department of Health to develop optional training for retail cannabis staff about health and safety impacts of high-THC cannabis products, according to a nonpartisan legislative summary of the bill.
In addition, the legislation requires the University of Washington Addictions, Drug & Alcohol Institute (ADAI) to develop and implement guidance and health interventions for health care providers and patients at risk for developing serious complications due to cannabis consumption, with reports to the Washington Legislature, and subject to funding.
Dent said mental health issues such as psychosis caused by high-potency cannabis products have resulted in a “crisis” that the Legislature needs to address “before it filters deeper into our communities.”
Davis said, “This is a case where an addiction-for-profit industry has outpaced public policy. It is our duty as lawmakers to learn from history and not repeat it. We must act now to protect public health. It is past time.”
