Proposed I-502 Rulemaking

Rules for Recreational Marijuana
Recently, at the October 15 WSLCB Board meeting, our Rules Coordinator brought forward a series of I-502 rules revisions to address issues that have come to light regarding Washington’s recreational marijuana system. Due to the number of changes we have put together the following breakdown of which WAC’s will be amended. Specific rule language can be found on the Proposed Rules page under Proposed rule making 14-31 Revisions to Marijuana Rules.      

Why is rule making necessary?
Revisions are needed to provide additional clarity to the marijuana rules to marijuana license applicants and potential marijuana licensees. This rulemaking includes the following:

• The emergency rule the board adopted on May 28, 2014, for the Good Laboratory Practices Checklist;
• Board Interim Policy 03-2014 Food Processing Facility Inspection;
• The emergency rules adopted by the board on June 25, 2014, requiring all marijuana-infused products, labeling, and packaging be approved by the board, and the prohibition on products that are especially appealing to children;
• Implementation of the changes to the marijuana retailer and processor licenses in ESHB 2304 from the 2014 legislative session; and
• Revisions to rules to further clarify requirements of recreational marijuana licensees.

What changes are being proposed?

Amended section. WAC 314-55-010 Definitions.
Added definitions for “employee”, “intermediate product”, “paraphernalia”, and “selling price”.

Amended section. WAC 314-55-015 General information about marijuana licenses.
Added the words “marijuana infused edible processing” to subsection (10) regarding sanitary facilities.

Amended section. WAC 314-55-020. Marijuana license qualifications and application process.
Added language to the operating plan information for processors to include all marijuana infused edible processing facility equipment and added transportation of product for retailers.

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?
Included language allowing processor to processor sales from ESHB 2304 as well as the allowance for processors to produce marijuana concentrates to sell to other processors or retailers. Added language to clarify what functions a marijuana processor is allowed to perform. Added language from the emergency rule adopted by the board on June 25, 2014, to clarify the types of marijuana-infused products the board will allow marijuana processor to produce and marijuana retailers to sell to consumers, and includes a requirement for the board to approve all marijuana-infused products, packaging, and labeling. Specifies examples of marijuana-infused edibles that the board will not approve. Included other food items that may not be infused with marijuana. Added language regarding the required annual processing facility inspection.

Amended section. WAC 314-55-079.  What is a marijuana retailer and what are the requirements and fees related to a marijuana retailer license?
Removed language prohibiting the sale of marijuana extracts and adding language allowing the sale of marijuana concentrates.

Amended section. WAC 314-55-083 What are the security requirements for a marijuana licensee?
Added language that requires all nonemployee visitors to a marijuana producer or processor facility must be issued an identification badge issued by the licensee. Clarified language for the surveillance system requirements. Clarified “controlled access areas.” Added language regarding transport requirements for marijuana concentrates.  Added language requiring a transport manifest for samples.

Amended section. WAC 314-55-085 What are the transportation requirements for a marijuana licensee?
Added language for transportation of live plants. Defined “secured area” in a vehicle. Included language regarding inspection of a vehicle assigned for the purpose of transporting marijuana, useable marijuana, marijuana concentrates, or marijuana infused products.

Amended section. WAC 314-55-086 What are the mandatory signs a marijuana licensee must post on a licensed premises?
Added a requirement that “firearms prohibited” signs must be posted at the entrance of each marijuana licensed premises.

Amended section. WAC 314-55-089 What are the tax and reporting requirements for marijuana licensees?
Added language to implement ESHB 2304. (Processors must pay tax on marijuana concentrates sold to retailers and retailers must pay tax on marijuana concentrates sold to consumers)

Amended section. WAC 314-55-095 Marijuana servings and transaction limitations.
Added marijuana servings and transaction limits for marijuana concentrates.

Amended section. WAC 314-55-097 Marijuana waste disposal—liquids and solids.
Corrected an incorrect WAC reference.

Amended section. WAC 314-55-102 Quality assurance testing.
Added testing requirements for marijuana concentrates and marijuana ready to roll mix.

New section. WAC 314-55-103 Good laboratory practices checklist.
Added a new section from the emergency rule adopted by the board on May 28, 2014.

Amended section. WAC 314-55-104 Marijuana processor license extraction requirements.
Added requirement that the applicant must provide certification to the board that their extraction equipment is a professional grade closed loop system that was commercially manufactured and built to codes of recognized and generally accepted good engineering practices.

Amended section. WAC 314-55-105 Packaging and labeling requirements.
Added requirements for marijuana concentrates. Added a requirement that marijuana infused products in solid form containing more than one serving must be packaged in a package that remains child resistant after opening. Revised label requirements for all marijuana products.

Amended section. WAC 314-55-210 Will the liquor control board seize or confiscate marijuana, useable marijuana, and marijuana infused products?
Added language that the board may place an administrative hold on marijuana, useable marijuana, marijuana concentrates, and marijuana infused products. Added language explaining the administrative hold procedure.

Amended section. WAC 314-55-515 What are the penalties if a marijuana license holder violates a marijuana law or rule?
Added language that any violation not listed in WAC 314-55-515 through WAC 314-55-540 will be assessed following penalty progression of the license type group associated with the class of license.

Amended section. WAC 314-55-520 Group 1 violations against public safety.
Added additional RCWs and WACs supporting the violation type.

Amended section. WAC 314-55-525 Group 2 regulatory violations.
Added additional RCWs and WACs supporting the violation type. Added additional violation types.

Amended section. WAC 314-55-530 Group 3 violations.
Corrected WAC reference supporting violation type.

Amended section. WAC 314-55-535 Group 4 marijuana producer violations.
Added additional RCWs and WACs supporting violation types. Added additional violation types

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?
Clarified the maximum amount of space for marijuana production.

Amended section. WAC 314-55-040 What criminal history might prevent a marijuana license applicant from receiving or keeping a marijuana license?
Removed the sunset clause for the exception to criminal history point assignment.