Washington State Liquor and Cannabis Board
Issue Paper
Marijuana Rules to Implement 2015 Legislation
Date: March 23, 2016
Presented by: Karen McCall, Agency Rules Coordinator
Description of the Issue
The purpose of this Issue Paper is to request approval from the Board to file
proposed rules (2
nd
Supplemental CR 102) to implement 2015 marijuana
legislation in Chapter 314-55 WAC Marijuana Licenses, Application
Process, Requirements and Reporting.
Why is rule making necessary?
New rules and revisions to current rules are needed to implement the following
legislation that passed during the 2015 legislative session:
• 2ESSHB 2136 Marijuana Market Reform
• 2SSB 5052 Cannabis Patient Protection Act
A CR 102 with proposed rules was originally filed with the Code Reviser’s Office
on September 23, 2015. Six public hearings were held around the state to obtain
input from stakeholders on the proposed rules. Based on comments from
stakeholders a Supplemental CR 102 with proposed rules was filed with the code
Reviser’s Office on January 6, 2016. A public hearing was held on February 10,
2016. The board received many thoughtful comments from our stakeholders.
After reviewing the comments the rulemaking group feels that revisions to the
supplemental proposed rules are needed based on the comments we received at
the public hearings. The revisions to the proposed rules based on stakeholder
comments are as follows:
• WAC 314-55-010 – Revised the definition of “licensed premises”.
• WAC 314-55-077 – Removed the requirement that “Mr. Yuk” stickers be
placed on all marijuana infused edible products.
• WAC 314-55-079 – Allows marijuana retailers to accept any marijuana
product return if the customer has the original packaging.
• WAC 314-55-083 – removed the requirement for the employees birthdate
on their ID badges. Require the employee to have their state issued
identification available to verify the information on their ID badge.
• WAC 314-55-520 through 314-55-535 – Removed inventory destruction
as a penalty for producers and processors. Made all penalties for
producers and processors monetary penalties.
2nd Supplemental CR 102
MJ Rules to implement 2015 leg 2 3/23/16
Additional changes to the following rules were also added:
• WAC 314-55-084 Added language that marijuana and marijuana products
exposed to unauthorized soil amendments or fertilizers, or marijuana with
detectable levels of unauthorized pesticides or plant growth regulators are
subject to seizure and destruction.
• WAC 314-55-086 – Added mandatory signs at the point of sale on a retail
licensed premises.
• WAC 314-55-135 – Added language that persons operating without a
WSLCB approved marijuana licensed location will be discontinued.
• WAC 314-55-410 – Added language that if a person seeking to register a
cooperative fails to meet the requirements the WSLCB will deny the
cooperative registration. If a registered cooperative violates the
requirements of a cooperative the WSLCB will revoke the cooperative’s
registration. An administrative hearing may be requested in either case.
• WAC 314-55-510 – Added language that failure to address monetary
penalties for two or more violation notices in a three year period will result
in license cancellation. Licensees failing to respond to a violation or have
outstanding fines shall not be eligible to renew.
What changes are being proposed?
Amended Section. WAC 314-55-010 Definitions. Revised definition of
“applicant”, “employee”, and “WSLCB”, and added definitions for “cooperative”,
“licensed premises”, “medical marijuana”, and “plant”.
Amended Section. WAC 314-55-015 General information about
marijuana licenses. Changed the name of the board to “WSLCB”. Added
language to clarify no one under 21 years of age is allowed to enter or remain on
a marijuana licensed premises with the exception in RCW 69.50.357. Added
language that a marijuana processor licensed premises where marijuana infused
edibles are produced must be constructed, kept, and maintained in a clean and
sanitary condition.
Amended Section. WAC 314-55-018 Prohibited practices – Money
advances – contracts – Gifts – Rebates, etc. Clarified prohibited practices
between marijuana licensees. Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-020 Marijuana license qualifications
and application process. Added language regarding posting notices for
marijuana applications. Clarifies the priority system for marijuana applications.
2nd Supplemental CR 102
MJ Rules to implement 2015 leg 3 3/23/16
Included the department of labor and industries and the employment security
department to the list of state agencies an applicant must have a history of
paying taxes and fees. Removed the six month residency requirement for
financiers. Added a requirement that applicants must include Employee
Compensation and Benefits Data in the operating plan. Changed the name of
the board to “WSLCB”.
Amended Section. WAC 314-55-035 What persons or entities have to
qualify for a marijuana license? Removed financiers from the list of true
party of interest. Added language requiring a licensee to disclose any financiers
and true parties of interest to the WSLCB. The WSLCB must approve the funds
prior to investment in the marijuana business.
Amended Section. WAC 314-55-040 What criminal history might
prevent a marijuana license applicant from receiving or keeping a
marijuana license? Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-045 What marijuana law or rule
violation history might prevent an applicant from receiving a marijuana
license? Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-050 Reasons the WSLCB may seek
denial, suspension, or cancellation of a marijuana license application or
license. Added language regarding the allowance of cities or counties to adjust
the buffer zone for marijuana licenses by local ordinance. Changed the name of
the board to “WSLCB”.
Amended Section. WAC 314-55-070 Process if the WSLCB denies a
marijuana license application? Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-075 What is a marijuana producer
license and what are the requirements and fees related to a marijuana
producer license? Added language requiring an outdoor grow to be physically
separated at least 20 feet from another licensed outdoor grow and they cannot
share common walls or fences. Removed the maximum amount of plant canopy.
This will be imposed at a later date. Changed the name of the board to
“WSLCB”.
Amended Section. WAC 314-55-077 What is a marijuana processor
license and what are the requirements and fees related to a marijuana
processor license? Added language that marijuana infused products that
require cooking or baking by the consumer are prohibited. Added language that
allows a currently licensed producer licensee to add a processor license at the
location of their producer license. Changed the name of the board to “WSLCB”.
2nd Supplemental CR 102
MJ Rules to implement 2015 leg 4 3/23/16
Amended Section. WAC 314-55-079 What is a marijuana retailer
license and what are the requirements and fees related to a marijuana
retailer license? Changed the name of the board to “WSLCB”.
New Section. WAC 314-55-080 Medical marijuana endorsement.
Created a new rule to clarify the requirements for a medical marijuana
endorsement.
Amended Section. WAC 314-55-081 Who can apply for a marijuana
retailer license? Added language that explains how the number of retail
locations will be determined. Removed the language regarding a lottery.
Removed the 30-day application window language. Included language that the
board will publish on its website the number of retail locations determined by the
board. Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-082 Insurance requirements. Clarified
additional insured. Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-083 What are the security
requirements for a marijuana licensee. Clarified information required on
employee identification badges. Clarified when plants must be physically tagged
and tracked individually. Clarified the ID number generated by the traceability
system required for all marijuana of any kind to be used to track the product.
Removed the language on samples from this rule. Changed the name of the
board to “WSLCB”.
Amended Section. WAC 314-55-084 Production of marijuana. Added
products prohibited for use in the growing of marijuana.
Amended Section. WAC 314-55-085 What are the transportation
requirements for a marijuana licensee? Added language on who is allowed
to transport product. All drivers and/or occupants must be at least 21 years of
age. All marijuana , products, and samples must be tagged during transport.
Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-086 What are the mandatory signs a
marijuana licensee must pot on a licensed premises? Added language
indicating mandatory signs for a medical marijuana retailer. Changed the name
of the board to “WSLCB”.
Amended Section. WAC 314-55- 087 What are the recordkeeping
requirements for a marijuana licensee? Added examples of employee
records. Added records for any marijuana products provided free of charge to
2nd Supplemental CR 102
MJ Rules to implement 2015 leg 5 3/23/16
qualifying patients or designated providers. Changed the name of the board to
“WSLCB”.
Amended Section. WAC 314-55-089 What are the tax and reporting
requirements for marijuana licensees? Revised the rule to indicate
producers and processors are required to submit monthly reports but are not
required to pay marijuana excise tax. Changed the amount of marijuana excise
tax a retailer must pay. Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-092 What if a marijuana licensee fails
to report or pay, or reports or pays late? Changed the name of the board
to “WSLCB”.
Amended Section. WAC 314-55-095 Marijuana servings and
transaction limitations. Added language addressing serving and transaction
limitations for qualifying patients and designated providers who are entered into
the medical marijuana database.
New Section. WAC 314-55-096 Samples. Moved language on samples
from WAC 314-55-083 to this new section. Includes all requirements for samples
and transportation of samples. Increased the sample amount. Included a
subsection on addressing “education sampling” by retail licensees sales staff.
Amended Section. WAC 314-55-097 Marijuana waste disposal—Liquids
and solids. Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-099 Standardized scales. Corrected the
WAC reference.
New Section. WAC 314-55-101 Sampling protocols. Clarified sampling
protocols for marijuana producers, marijuana processors, and certified thirdparty labs.
Amended Section. WAC 314-55-102 Quality assurance testing. Added
language regarding action that will be taken by WSLCB against any certified
third-party lab that fails to comply with the provisions of this section or falsifies
records related to this section. Removed language that processors have 30 days
after the certified third-party lab submits the results to process the lot. Removed
re-testing after 30 days t. Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-103 Good laboratory practice
checklist. Changed the name of the board to “WSLCB”.
2nd Supplemental CR 102
MJ Rules to implement 2015 leg 6 3/23/16
Amended Section. WAC 314-55-104 Marijuana processor license
extraction requirements. Added additional requirements for extraction
equipment and the certification document for the equipment. Changed the
name of the board to “WSLCB”.
Amended Section. WAC 314-55-105 Packaging and labeling
requirements. Added language that hash marks on a bottle of marijuana
infused liquor edible product does not qualify as a measuring device.
Reorganized the rule to not repeat the accompanying material requirement for
each type of product and clearly identified what is required on all labels for each
type of marijuana product. Added language for label requirements for packages
containing marijuana extract for inhalation or infused marijuana mix and
marijuana topicals. Removed the sample label mock ups. Changed the name of
the board to “WSLCB”.
New Section. WAC 314-55-107 Marijuana product compliance. Added
language that clarifies that a marijuana compliant product must meet all
department of health requirements in Chapter 246-70 WAC as well as the WSLCB
requirements in Chapter 314-55 WAC.
New Section. WAC 314-55-110 What are my responsibilities as a
marijuana licensee? Added language to clarify the responsibilities of a
marijuana licensee.
New Section. WAC 314-55-115 What method of payment can a
marijuana licensee use to purchase marijuana? Added language to clarify
the forms of payment a marijuana licensee can use to purchase marijuana.
Included requirements for transactions using a money transmitter.
Amended Section. WAC 314-55-120 Ownership changes. Added
language clarifying accepting additional funds from a new or previously approved
financier requires an Added Financier application and fee. Changed the name of
the board to “WSLCB”.
Amended Section. WAC 314-55-130 Change of business name. Clarified
language. Changed the word “you” to “their” in reference to licensees.
Amended Section. WAC 314-55-135 Discontinue marijuana sales.
Clarified language. Changed the work “you” to “their” in f=reference to
licensees. Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-140 Death or incapacity of a marijuana
licensee. Changed the name of the board to “WSLCB”.
2nd Supplemental CR 102
MJ Rules to implement 2015 leg 7 3/23/16
Amended Section. WAC 314-55-147 What hours may a marijuana
retailer licensee conduct sales? Added marijuana concentrates to items a
marijuana licensee may sell.
Amended Section. WAC 314-55-155 Advertising. Added language
allowing 2 signs identifying the retail outlet by the licensee’s business name or
trade name. Signs must be affixed to the building or permanent structure.
Signs are limited to 1600 square inches each. Added marijuana concentrates to
the list of items that must meet the advertising requirements. Branded and
unbranded promotional items are banned. Marijuana retailers holding a medical
marijuana endorsement may donate product to a qualifying patient or designate
provider holding a valid recognition card but they may not advertise “free” or
“donated” product.
Amended Section. WAC 314-55-160 Objections to marijuana license
applications. Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-165 Objections to marijuana license
renewals. Changed the name of the board to “WSLCB”.
New Section. WAC 314-55-185 Does the WSLCB have the right to
inspect my premises or vehicle licensed to product, process, sell or
transport marijuana? Created a rule to clarify the rights of WSLCB
enforcement officers to inspect licensed premises and vehicles used for
transport.
Amended Section. WAC 314-55-200 How will the WSLCB identify
marijuana, useable marijuana, marijuana concentrates, and marijuana
infused products during checks of licensed businesses? Added marijuana
concentrates to this rule. Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-210 Will the WSLCB seize or confiscate
marijuana, marijuana concentrates, useable marijuana, and marijuana
infused products? Clarified that the WSLCB may destroy in addition to seizing
or confiscating marijuana, marijuana concentrates, useable marijuana, or
marijuana infused products. Added marijuana concentrates to the list. Added
language that an administrative search or inspection could not only take place at
a licensed location, but also areas of unlicensed locations used for business or
commercial purposes. The WSLCB may destroy any marijuana, marijuana
concentrates, useable marijuana, and/or marijuana infused product that is not
identifiable through the Washington marijuana traceability system or otherwise in
a form that is not compliant with Washington’s marijuana statures or rules.
Changed the name of the board to “WSLCB”.
2nd Supplemental CR 102
MJ Rules to implement 2015 leg 8 3/23/16
Amended Section. WAC 314-55-220 What is the process once the
WSLCB summarily orders marijuana, useable marijuana, marijuana
concentrates, or marijuana infused products of a marijuana licensee to
be destroyed? Added marijuana concentrates and changed the name of the
“board” to “WSLCB”.
Amended Section. WAC 314-55-230 What are the procedures the
WSLCB will use to destroy or donate marijuana, useable marijuana,
marijuana concentrates and marijuana infused products to law
enforcement? Added marijuana concentrates and changed the name of the
“board” to “WSLCB”.
New Section. WAC 314-55-301 Transportation license. Created a new
section to clarify the requirements and qualifications for the transportation
license. (changed the delivery time from 24 hours to 48 hours).
New Section. WAC 314-55-410 Cooperatives. Created a new section to
clarify the requirements for a cooperative to be registered with the WSLCB.
New Section. WAC 314-55-415 What are the recordkeeping and
reporting requirements for cooperatives? Created a new section to clarify
the recordkeeping and reporting requirements for cooperatives.
New Section. WAC 314-55-430 Qualifying patient or designated
provider extraction requirements. Clarified qualifying patients or designated
providers may only extract or separate resin from marijuana using
noncombustible methods. Accepted methods for extraction are listed in the rule.
The use of combustible materials is expressly forbidden. Allowed CO2 if a closed
loop system is used as referenced in WAC 314-55-104.
Amended Section. WAC 314-55-505 What are the procedures for
notifying a licensee of an alleged violation of a WSLCB statute or
regulation? Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-506 What is the process once the
WSLCB summarily suspends a marijuana license? Changed the name of
the board to “WSLCB”.
Amended Section. WAC 314-55-507 How may a licensee challenge the
summary suspension of his or her marijuana license? Changed the name
of the board to “WSLCB”.
Amended Section. WAC 314-55-508 Review of orders on stay. Changed
the name of the board to “WSLCB”.
2nd Supplemental CR 102
MJ Rules to implement 2015 leg 9 3/23/16
Amended Section. WAC 314-55-510 What options does a licensee have
once he/she receives a notice of an administrative violation? Added an
option for inventory destruction. Changed the name of the board to “WSLCB”.
Amended Section. WAC 314-55-515 What are the penalties if a
marijuana license holder violates a marijuana law or rule? Renamed
group 4 violations. Added group 5 for violations involving the transportation
freight of marijuana. Defined “inventory” for purposed of penalties. Changed
the name of the board to “WSLCB”.
Amended Section. WAC 314-55-520 Group 1 violations against public
safety. Group 1 penalties imposed on a producer and/or processor license will
not include license suspension. Penalties for a producer and/or processor will be
restricted to monetary fines and/or license cancellation. Changed the name of
the board to “WSLCB”. Revised some penalties from license cancellation on the
first penalty to a monetary penalty or suspension.
Amended Section. WAC 314-55-525 Group 2 regulatory violations.
Group 2 penalties imposed on a producer and/or processor license will not
include license suspension. Penalties for a producer and/or processor will be
restricted to monetary fines and/or license cancellation.
Amended Section. WAC 314-55-530 Group 3 license violations. Group 3
penalties imposed on a producer and/or processor license will not include license
suspension. Penalties for a producer and/or processor will be restricted to
monetary fines and/or license cancellation.
Amended Section. WAC 314-55-535 Group 4 marijuana producer
and/or processor violations. Added language to include marijuana
processors in this category. Also added processor and transportation licensees in
prohibited practices between producer, processor, and transportation licensees
and a marijuana retailer.
New Section. WAC 314-55-537 Group 5 license violations. Created a
new section of penalties for violations involving transportation licensees.
Amended Section. WAC 314-55-540 Information about marijuana
license suspensions. Removed language that referred to marijuana producer
serving a suspension. Suspensions are not an option for producers. Changed
the name of the board to “WSLCB”.
2
nd
Supplemental CR 102 – 2015 MJ Legislation Implementation 3/23/16
Date: March 23, 2016
To: Jane Rushford, Board Chair
Ruthann Kurose, Board Member
Russ Hauge, Board Member
From: Karen McCall, Agency Rules Coordinator
Copy: Rick Garza, Agency Director
Peter Antolin, Deputy Director
Justin Nordhorn, Chief of Enforcement
Becky Smith, Licensing Director
Subject: Approval to file proposed rules (2
nd
Supplemental CR 102) to
implement 2015 marijuana legislation.
This rulemaking is the result of 2015 legislation. E2SHB 2136, 2SSB 5052, and SB
5121 were passed during the legislative session. New rules and revisions to current
rules are needed to implement these bills.
A Supplemental CR 102 with proposed rules was filed with the Code Reviser’s Office on
January 6, 2016. A public hearing was held on February 10, 2016, to obtain input from
stakeholders on the proposed rules. The board received many thoughtful comments
from our stakeholders. After reviewing the comments the rulemaking group feels that
revisions to the supplemental proposed rules are needed based on the comments we
received at the public hearing.
Process
The Rules Coordinator requests approval to file the proposed rules (2
nd
Supplemental
CR 102) for the rule making described above. An issue paper on this rule was
presented at the Board meeting on March 23, 2016, and is attached to this order.
If approved for filing, the tentative timeline for the rule making process is outlined below:
March 23, 2016 Board is asked to approve filing the proposed rules
(Supplemental CR 102 filing)
April 6, 2016 Code Reviser publishes notice, LCB sends notice to
rules distribution list
May 4, 2016 Public Hearing held
May 4, 2016 End of written comment period
May 18, 2016 Board is asked to adopt rules
May 18, 2016 Agency sends notice to those who commented both at
the public hearing and in writing.
2
nd
Supplemental CR 102 – 2015 MJ Legislation Implementation 3/23/16
May 18, 2016 Agency files adopted rules with the Code Reviser (CR
103)
June 18, 2016 Rules are effective (31 days after filing)
_____ Approve _____ Disapprove ______________________ ________
Jane Rushford, Chairman Date
_____ Approve _____ Disapprove ______________________ ________
Ruthann Kurose, Board Member Date
_____Approve _____Disapprove _______________________ ________
Russ Hauge, Board Member Date
Attachment: Issue Paper
AMENDATORY SECTION(Amending WSR 15-11-107, filed 5/20/15, effective
6/20/15)
WAC 314-55-010 Definitions.Following are definitions for the
purpose of this chapter. Other definitions are in RCW 69.50.101.
(1)"Applicant" or "marijuana license applicant" means any person
or business entity who is considered by the ((board)) WSLCB as a true
party of interest in a marijuana license, as outlined in WAC
314-55-035. However, for purposes of determining an application's pri­
ority under RCW 69.50.331 (1)(a), only the person or business entity
that is applying for the license will be considered the applicant.
(2)"Batch" means a quantity of marijuana-infused product con­
taining material from one or more lots of marijuana.
(3)"Business name" or "trade name" means the name of a licensed
business as used by the licensee on signs and advertising.
(4)"Child care center" means an entity that regularly provides
child day care and early learning services for a group of children for
periods of less than twenty-four hours licensed by the Washington
state department of early learning under chapter 170-295 WAC.
(5)"Consultant" means an expert who provides advice or services
in a particular field, whether a fee is charged or not. A consultant
who is in receipt of, or has the right to receive, a percentage of the
gross or net profit from the licensed business during any full or par­
tial calendar or fiscal year is a true party of interest and subject
to the requirements of WAC 314-55-035. A consultant who exercises any
control over an applicant's or licensee's business operations is also
subject to the requirements of WAC 314-55-035(4).
(6) "Cooperative" means a group of more than one, but no more
than four qualified medical marijuana patients and/or designated pro­
viders who share responsibility for growing and processing marijuana
only for the medical use of the members of the cooperative.
(7) "Domicile" means a person's true, fixed, primary permanent
home and place of habitation and the tax parcel on which it is loca­
ted. It is the place where the person intends to remain and to which
the person expects to return when the person leaves without intending
to establish a new domicile elsewhere.
(8)"Elementary school" means a school for early education that
provides the first four to eight years of basic education and recog­
nized by the Washington state superintendent of public instruction.
(((7))) (9)"Employee" means any person performing services on a
licensed premises for the benefit of the licensee whether or not such
person is compensated by the licensee.
(((8))) (10)"Financier" means any person or entity, other than a
banking institution, that has made or will make an investment in the
licensed business. A financier can be a person or entity that provides
money as a gift, loans money to the applicant/business and expects to
be paid back the amount of the loan with or without interest, or ex­
pects any percentage of the profits from the business in exchange for
a loan or expertise.
(((9))) (11)"Game arcade" means an entertainment venue featuring
primarily video games, simulators, and/or other amusement devices
where persons under twenty-one years of age are not restricted.
(((10))) (12)"Intermediate product" means marijuana flower lots
or other material lots that have been converted by a marijuana pro­
cessor to a marijuana concentrate or marijuana-infused product that
must be further processed prior to retail sale.
[ 1 ] OTS-7401.4
(((11))) (13)"Library" means an organized collection of resour­
ces made accessible to the public for reference or borrowing supported
with money derived from taxation.
(((12))) (14) "Licensed premises" means all areas of a premises
where the licensee has leasehold rights as listed in the property
lease submitted to the board. Any vehicle assigned for the purposes of
transporting marijuana, usable marijuana, marijuana concentrates, or
marijuana-infused products shall be considered an extension of the li­
censed premises.
(15)"Licensee" or "marijuana licensee" means any person or en­
tity that holds a marijuana license, or any person or entity who is a
true party of interest in a marijuana license, as outlined in WAC
314-55-035.
(((13))) (16)"Lot" means either of the following:
(a)The flowers from one or more marijuana plants of the same
strain. A single lot of flowers cannot weigh more than five pounds; or
(b) The trim, leaves, or other plant matter from one or more mar­
ijuana plants. A single lot of trim, leaves, or other plant matter
cannot weigh more than fifteen pounds.
(((14))) (17)"Marijuana strain" means a pure breed or hybrid va­
riety of Cannabis reflecting similar or identical combinations of
properties such as appearance, taste, color, smell, cannabinoid pro­
file, and potency.
(((15))) (18)"Member" means a principal or governing person of a
given entity, including but not limited to: LLC member/manager, presi­
dent, vice-president, secretary, treasurer, CEO, director, stockhold­
er, partner, general partner, limited partner. This includes all spou­
ses of all principals or governing persons named in this definition
and referenced in WAC 314-55-035.
(((16))) (19)"Paraphernalia" means items used for the storage or
use of usable marijuana, marijuana concentrates, or marijuana-infused
products, such as, but not limited to, lighters, roach clips, pipes,
rolling papers, bongs, and storage containers. Items for growing, cul­
tivating, and processing marijuana, such as, but not limited to, bu­
tane, lights, and chemicals are not considered "paraphernalia."
(((17))) (20)"Pesticide" means, but is not limited to: (a) Any
substance or mixture of substances intended to prevent, destroy, con­
trol, repel, or mitigate any insect, rodent, snail, slug, fungus,
weed, and any other form of plant or animal life or virus, except vi­
rus on or in a living person or other animal which is normally consid­
ered to be a pest; (b) any substance or mixture of substances intended
to be used as a plant regulator, defoliant, or desiccant; and (c) any
spray adjuvant. Pesticides include substances commonly referred to as
herbicides, fungicides, insecticides, and cloning agents.
(((18))) (21)"Perimeter" means a property line that encloses an
area.
(((19))) (22) "Plant" means a marijuana plant.
(23)"Plant canopy" means the square footage dedicated to live
plant production, such as maintaining mother plants, propagating
plants from seed to plant tissue, clones, vegetative or flowering
area. Plant canopy does not include areas such as space used for the
storage of fertilizers, pesticides, or other products, quarantine, of­
fice space, etc.
(((20))) (24)"Playground" means a public outdoor recreation area
for children, usually equipped with swings, slides, and other play­
ground equipment, owned and/or managed by a city, county, state, or
federal government.
[ 2 ] OTS-7401.4
(((21))) (25)"Public park" means an area of land for the enjoy­
ment of the public, having facilities for rest and/or recreation, such
as a baseball diamond or basketball court, owned and/or managed by a
city, county, state, federal government, or metropolitan park dis­
trict. Public park does not include trails.
(((22))) (26)"Public transit center" means a facility located
outside of the public right of way that is owned and managed by a
transit agency or city, county, state, or federal government for the
express purpose of staging people and vehicles where several bus or
other transit routes converge. They serve as efficient hubs to allow
bus riders from various locations to assemble at a central point to
take advantage of express trips or other route to route transfers.
(((23))) (27)"Recreation center or facility" means a supervised
center that provides a broad range of activities and events intended
primarily for use by persons under twenty-one years of age, owned
and/or managed by a charitable nonprofit organization, city, county,
state, or federal government.
(((24))) (28)"Residence" means a person's address where he or
she physically resides and maintains his or her abode.
(((25))) (29)"Secondary school" means a high and/or middle
school: A school for students who have completed their primary educa­
tion, usually attended by children in grades seven to twelve and rec­
ognized by the Washington state superintendent of public instruction.
(((26))) (30)"Selling price" means the same meaning as in RCW
82.08.010, except that when the product is sold under circumstances
where the total amount of consideration paid for the product is not
indicative of its true value. Selling price means the true value of
the product sold as determined or agreed to by the ((board)) WSLCB.
For purposes of this subsection:
(a)"Product" means marijuana, marijuana concentrates, usable
marijuana, and marijuana-infused products; and
(b)"True value" means market value based on sales at comparable
locations in the state of the same or similar product of like quality
and character sold under comparable conditions of sale to comparable
purchasers. In the absence of such sales of the same or similar prod­
uct, true value means the value of the product sold as determined by
all of the seller's direct and indirect costs attributed to the prod­
uct.
(((27))) (31)"Unit" means an individually packaged marijuana-in­
fused solid or liquid product meant to be eaten or swallowed, not to
exceed ten servings or one hundred milligrams of active tetrahydrocan­
nabinol (THC), or Delta 9.
(32) "WSLCB" means the Washington state liquor and cannabis
board.
AMENDATORY SECTION(Amending WSR 15-11-107, filed 5/20/15, effective
6/20/15)
WAC 314-55-015General information about marijuana licenses.
(1)A person or entity must meet certain qualifications to receive a
marijuana license, which are continuing qualifications in order to
maintain the license.
(2)All applicants and employees working in each licensed estab­
lishment must be at least twenty-one years of age. No one under twen­
[ 3 ] OTS-7401.4
ty-one years of age is allowed to enter or remain on a marijuana li­
censed premises except as provided in RCW 69.50.357.
(3)Minors restricted signs must be posted at all marijuana li­
censed premises.
(4)A marijuana license applicant may not exercise any of the
privileges of a marijuana license until the ((board)) WSLCB approves
the license application.
(5)The ((board)) WSLCBwill not approve any marijuana license
for a location where law enforcement access, without notice or cause,
is limited. This includes a personal residence.
(6)The ((board)) WSLCBwill not approve any marijuana license
for a location on federal lands.
(7)The ((board)) WSLCBwill not approve any marijuana retailer
license for a location within another business. More than one license
could be located in the same building if each licensee has their own
area separated by full walls with their own entrance. Product may not
be commingled.
(8)Every marijuana licensee must post and keep posted its li­
cense, or licenses, and any additional correspondence containing con­
ditions and restrictions imposed by the ((board)) WSLCBin a conspicu­
ous place on the premises.
(9)In approving a marijuana license, the ((board)) WSLCB re­
serves the right to impose special conditions as to the involvement in
the operations of the licensed business of any former licensees, their
former employees, or any person who does not qualify for a marijuana
license.
(10)A marijuana producer, processor or retailer licensed by the
((board shall)) WSLCB mustconduct the production, processing, stor­
age, and sale of marijuana-infused products using sanitary practices
((and ensure marijuana-infused edible processing facilities are con­
structed, kept, and maintained in a clean and sanitary condition in
accordance with rules and as prescribed by the Washington state de­
partment of agriculture under chapters 16-165 and 16-167 WAC)).
liq.wa.gov |
