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Clarifying Statement Regarding WSLCB Rule Making Authority Re THC Isomers Other Than Delta-9

WASHINGTON: The Washington State Liquor and Cannabis Board issued the following clarifying statement regarding its rule making authority re: THC Isomers other than Delta-9.

Issue

Delta-8 THC is a psychoactive compound naturally occurring in very low levels in cannabis. With the recent federal legalization of hemp, delta-8 and other THC compounds other than state regulated delta-9, can be chemically derived from CBD that was originally generated from hemp.

Delta-8 derived from hemp has emerged for sale nationwide, including small amounts within the regulated Washington State supply chain, as well as in unregulated convenience stores and commercial internet websites. It is an emerging issue nationwide with concerns surrounding it that include: youth access, health effects resulting from the extraction process, and the impact of a product that is generally unregulated competing with a tightly regulated state cannabis marketplace.

Research

In recent months, the LCB has been researching delta-8 through multiple channels. Discussions are ongoing with state public health officials, cannabis industry representatives and other state regulators through the national trade organization the Cannabis Regulators Association (CANNRA). Most states are currently fact finding and communicating with Washington and other states. Some have moved quickly to prohibit delta-8 through rule or legislation.

Reason for Policy Statement

On April 28, 2021, LCB issued Policy Statement Number PS-21-01 regarding: The regulation of tetrahydrocannabinols (THC), other than Delta-9; and the conversion of CBD, hemp, or both to delta- 8 THC, delta-9 THC, or any other cannabis compound that is not currently identified or defined in the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), or both. The LCB’s policy statement is in response to multiple stakeholder requests and national concerns for clarification.

Through PS-21-01, the LCB is notifying the public and stakeholders that the agency will be addressing the issue. State law encourages agencies to advise the public of its current opinions, approaches, and likely courses of action by means of interpretive or policy statements. Current interpretive and policy statements are advisory only. To better inform the public, agencies are encouraged to also convert long-standing interpretive and policy statements into rules.

LCB Intent

The LCB’s intent is to open public discussion around this issue. While the Board has broad rule-making authority to act quickly when the public health, safety or welfare is at risk, the Board’s intention is to approach the issue conservatively and transparently, collecting input and actively collaborating with stakeholders. Until the LCB has reached a conclusion through the public rule-0making process whether to adopt rules to create enforceable requirements regarding products that contain delta-8, this policy statement is advisory. The LCB will continue to enforce existing rules pertaining to packaging and labeling reviews to ensure there is not an excess of 10 mg of any type of THC in edible products.

The policy statement represents the Board’s continued effort to make the public and stakeholders aware of our intentions and invite participation. The Board will soon approve a CR 101 to make the process public and begin standard rule-making. As always, interested parties may sign up for email notifications or check the LCB website at lcb.wa.gov for updates.

WSLCB Issues Policy Statement On Tetrahydrocannabinol (THC) Compounds Other Than Delta-9

WASHINGTON: Consistent with RCW 34.05.230, the Washington State Liquor and Cannabis Board (WSLCB) has published a policy statement concerning tetrahydrocannabinol (THC) compounds other than delta-9 and the conversion of CBD, hemp, or both to delta- 8 THC, delta-9 THC, or any other cannabis compound that is not currently identified or defined in the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), or both. 

Policy statements are agency-level documents declaring plans or intentions of an agency. Policies are different from procedures, standard operating procedures, or guidance because they apply to the entire organization and are primarily intended to set direction. In contrast, procedures or guidelines typically include specific instructions used to accomplish defined tasks that may be described in a policy.

Notice of WLSCB Policy Statement #PS21-01 was filed with the Washington State Code Reviser on April 28, 2021 as WSR 21-10-045. The policy statement is offered in response to multiple stakeholder requests and national concern for clarification regarding the regulation of tetrahydrocannabinols (THC), other than delta-9; and the conversion of CBD, hemp, or both to delta- 8 THC, delta-9 THC, or any other cannabis compound that is not currently identified or defined in the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), or both.

Additional information can be found on the WSLCB Policy Statements webpage.

WSLCB To Cannabis Retailers: Things to Know Before 4-20 Activities

WASHINGTON: 

Greetings Retail Cannabis Partners,

As 4-20-21 is rapidly approaching, we wanted to send you a risk management reminder of activities we have seen in the past that violate state law. These activities could lead to violations before or during your 420 events:

Some things to avoid:

Any outdoor signs related to your 420 event that are visible outside of the “adult only” enclosed area

  • Any advertising which might be especially appealing to minors Employing or using mascots, costumed characters, or sign spinners outside of your premises
  • Having any giveaways – including free food or beverages
  • Selling unauthorized merchandise other than what is allowed by law
  • Using coupons or “bring-this-to-get-that” type promotions
  • Providing alcohol to customers (or staff)
  • Allowing consumption of cannabis in the licensed premises or parking lot, sidewalk, etc;
  • Hosting or promoting “smoke friendly” events. The opening or consumption of cannabis is only allowed in private areas, outside of public view. If your event is advertised, or charges a fee to attend, or is held in a public place, it is likely not a private

The LCB’s mission is to protect public safety. You can help us to help you be successful by avoiding violations which could lead to fines or suspension of your retail cannabis license.  If you have any questions about cannabis rules, or want to run ideas for advertising or promotions by us, please do not hesitate to call your local Enforcement Officer before you take action.

Please visit our website at LCB.WA.GOV  for contact information and for more details on rules.

WSLCB Tier 1 Cannabis Producer Licensee Survey Report Now Available

WASHINGTON: Since December 2019, WSLCB has been considering revisions and new rule sections that would incrementally expand the plant canopy square footage allowed for Tier 1 licensed cannabis producers.

To understand the needs of Tier 1 licensees, LCB held two virtual Listen and Learn sessions on the topic and surveyed Tier 1 licensees.

Feedback has been gathered and analyzed and the results are now available in a report titled, “Tier 1 Cannabis Producer Licensee Survey Report” which has been posted on the LCB Current Rulemaking webpage.

Thank you to both survey and Listen and Learn participants. The LCB appreciates and values your time and input, and looks forward to working on this and other rule development projects with you in the future.

WSDA and WSLCB Release Updated List of Approved Cannabis Pesticides

LCB is sharing this message on behalf of WSDA:

Marijuana Producers, Processors, and Retailers

Bulletin No 21-01

To: Cannabis Industry 

Fr: WSLCB and WSDA

Re: Updated List of Pesticides Allowed for Use in Cannabis Production

The Washington State Department of Agriculture (WSDA) has recently updated the list of  pesticides that are allowed for use in marijuana production in Washington State, based on  criteria previously established by WSDA.

WSDA has added six new Section 3 pesticides and ten new Section 25(b) pesticides to the list of allowable products for a total of 16 new products. There were 21 Section 3 pesticides and 6 Section 25(b) pesticides removed from the list.  The updated list contains 241 Section 3 pesticides and 94 Section 25(b) pesticides, for a total of 335 products.

WSDA has two columns on the list: (1) Section 3 pesticides that are subject to Worker Protection Standard (WPS) requirements, and (2) Section 3 pesticides that are limited to use by non-commercial “HG Only” marijuana growers. The products designated as “HG Only=Yes” may only be used by those individuals authorized to home grow medical use marijuana.

Products marked as “HG Only=Yes” may not be used in the commercial production of marijuana.

Spray adjuvants are not included on the list—however any spray adjuvant that is labeled for use on food crops can be used with an allowed pesticide that is applied to marijuana, as long as the intended use is authorized by the spray adjuvant label. For example, a spray adjuvant labeled only for use with an herbicide cannot be used with an insecticide or fungicide. Information on spray adjuvants that are registered for distribution in Washington is available from the WSU PICOL database.

Please check your stock of pesticides against the list to ensure that you are using an allowed product. Marijuana growers can continue to use any existing stocks of pesticides that were removed from the list, but no new product can be purchased.

All of the pesticides that were added to the list contain active ingredients that were already allowed for use in marijuana production.

Some pesticides are labeled for application to soil or to crop plants, while some pesticides are labeled for application to both soil and crop plants (e.g., insecticides, fungicides). Other pesticides include herbicides labeled for direct application to, and control of, unwanted plants (i.e., weeds). Remember to read, understand, and comply with all applicable label directions and precautions when using any pesticide.

 Pesticides Added:              Registration Number

  1. Arcus Plant Growth Regulator for Seed Treatment.           EPA No. 84846-5
  2. Guarda EPA No. 92144-2-70299
  3. Milstop SP EPA No. 68539-3
  4. Proof cold-pressed Neem Oil EPA No. 88760-10
  5. Seican EPA No. 91473-2-88783
  6. Suppress Herbicide EC EPA No. 51517-9
  7. Earth’s Ally Disease Control No. 996600-20007
  8. Earth’s Ally Disease Control Concentrate No. 996600-20008
  9. Earth’s Ally Insect Control No. 996600-20002
  10. Earth’s Ally Insect Control Concentrate No. 996600-21002
  11. GroSafe Bio-Pesticide, Miticide, Fungicide No. 996330-20001
  12. Grower’s Ally Fungicide No. 996600-20005
  13. Grower’s Ally Fungicide Concentrate No. 996600-20006
  14. Grower’s Ally Spider Mite Control No. 996600-20001
  15. Grower’s Ally Spider Mite Control Concentrate No. 996600-20003
  16. Procidic C No. 999550-21002

Pesticides Removed:

  1. Actino-Iron Biological Fungicide EPA No. 73314-2
  2. Actinovate Ag Biological Fungicide EPA No. 73314-1
  3. Amicos EPA No. 91473-1
  4. Bayer Advanced Natria Disease Control RTU EPA No. 264-1161-72155
  5. Bayer Advanced Natria Insecticidal Soap RTU EPA No. 67702-21-72155
  6. Bayer Advanced Natria Neem Oil Concentrate EPA No. 67702-21-72155
  7. Carbon Power EPA No. 84846-2
  8. Companion Liquid Biological Fungicide for Ag Use EPA No. 71065-3
  9. Genesis Gib-4% EPA No. 55146-62-71089
  10. Gibgro 20% Powder (Gibberellic Acid) EPA No. 55146-53
  11. Gibgro 4LS (4% Liquid Gibberellic Acid) EPA No. 55146-62
  12. Grandevo PTO EPA No. 84059-17-87865
  13. Greencure EZ EPA No. 70870-3
  14. Omni Oil 6E EPA No. 5905-368
  15. Perox-Cide EPA No. 83103-1-43553
  16. Perpose Plus EPA No. 86729-1
  17. Prefence Biofungicide EPA No. 64137-5-68539
  18. Preferal Microbial Insecticide EPA No. 70051-19-67690
  19. Pyrenone Crop Spray EPA No. 432-1033
  20. Regalia PTO EPA No. 84059-3-87865
  21. The Ecology Works Soluneem EPA No. 81899-4-67419
  22. Eco-Mite Plus Botanical Insecticide Miticide No. 74578-14001
  23. Eco-Mite Plus Botanical Insecticide Miticide Concentrate No. 74578-14002
  24. Eco PM Botanical Fungicide Concentrate No. 74578-13003
  25. Eco-PM Ready to Use Botanical Fungicide No. 74578-13001
  26. Mildew Control No. 89943-15001
  27. Nematode Control No. 89943-13001

You can find the complete list of pesticides that are allowed for use in marijuana production, the criteria WSDA used to establish the list, and information regarding statewide stop-sale orders in Washington on the WSDA web site: https://agr.wa.gov/departments/marijuana/pesticide-use

Contact Information:

For information regarding the registration of pesticides and fertilizers, please contact the WSDA Pesticide and Fertilizer Registration

  • Phone: 360-902-2025

Email for pesticide registration: pestreg@agr.wa.gov Email for fertilizer registration: fertreg@agr.wa.gov

For information regarding how to comply with the pesticide label, please contact the WSDA Pesticide Compliance

For any other questions, please contact your Liquor and Cannabis Board enforcement officer.

WSLCB Reminds Licensees: Branded Or Unbranded Merchandise And Conditional Sales Prohibited

Enforcement and Education Bulletin No 21-01

 

 

To:                  Cannabis Industry Members

From:             Matt McCallum, Enforcement Advertising Coordinator

Subject:         Prohibited: branded or unbranded merchandise and conditional sales

As the cannabis industry continues to evolve and progress, the advertising produced and sold by cannabis licensees is becoming more and more creative. Although the LCB supports the creativity and promotion of cannabis businesses, it is important to remember that there are restrictions on what cannabis licensees can sell, and how it can be sold.

Please keep in mind that the distribution of branded or unbranded promotional items is prohibited under WAC 314-55-155(4), and conditional sales are prohibited under WAC 314-55-017.

What does this mean for licensees?

This means that a cannabis licensee in the state of Washington cannot brand, package with, or sell non-cannabis, or non-cannabis paraphernalia items, using their license. This includes but is not limited to t-shirts, stickers, drinking glasses, lanyards, and general swag items.

In addition, requiring the purchase of a non-cannabis item, such as paraphernalia or other non-cannabis products in order for the purchaser to obtain cannabis, is prohibited. This includes but is not limited to pipes, bongs, rolling papers, lighters, and branded merchandise.

Please note that licensees may sell paraphernalia together with cannabis either as separate items or in branded packaging, but the purchase of cannabis cannot be contingent upon the requirement to purchase the paraphernalia item. This means if a paraphernalia item is sold with or packaged with cannabis, the cannabis must also be available for sale separately and the cannabis cannot be available for a lesser amount when sold with the paraphernalia.

Are there any exceptions?

Yes, RCW 69.50.585, allows cannabis producers and processors to provide retailers and their employees with branded promotional items of nominal value. These items can only have the advertising matter of the producer or processor providing the items.  The items may not be forwarded on to the retail customers, through purchase or giveaway.

If you have any questions, please contact your compliance consultant or officer. Thanks you. for your review.

WSLCB Interpretive Statement On Cannabinoid Additives

WASHINGTON:  Consistent with RCW 34.05.230, WSLCB has published an interpretive statement to clarify WAC 314-55-109 concerning cannabinoid additives.

One of the key findings of the 2019 Hillard Heintz report was that WSLCB licensees expressed concerns about inconsistent interpretation of law and regulation applying to their businesses.

Interpretive statements do not have the force and effect of law. They are explanatory documents intended to convey the Washington State Liquor and Cannabis Board’s interpretation of law and regulation as it exists at the time the statement is issued. Current interpretive statements are advisory only.

WLSCB Interpretive Statement #IS21-01 was filed with the Washington State Code Reviser on January 26, 2021 as WSR 21-04-030. The interpretive statement is intended to clarify and confirm current rule, WAC 314-55-109, concerning cannabinoid additives – requirements, restrictions, and quality assurance testing, including the ways that cannabidiol (CBD) product obtained from a source not licensed under chapter 314-55 WAC may be sold in licensed retail locations.

Additional information can be found on the WSLCB Interpretive Statements webpage.

WSLCB Seeking Panelists, Participants & Listeners For Deliberative Dialogue Sessions

Topics Cover Cannabis Quality Assurance Testing

Three sessions will use deliberative dialogue to discuss issues related to new state quality assurance testing of cannabis.

What is deliberative dialogue?

In short, deliberative dialogue is a method of structured conversation that seeks to find increased understanding of all sides and perspectives of an issue. It seeks to discover the most important values that participants have about the topics being discussed and to build relationships among participants. Listening with empathy and ensuring equity among participants is foundational. Deliberative dialogue brings up and discusses the consequences, costs and trade-offs of various policy options, and working through the emotions and values as a necessary part of making recommendations and decisions, common ground can be established as decisions are made.

Deliberative dialogue can be helpful when used between Government and stakeholders and community members. WSLCB is charged with ensuring the safety of Washington state residents. WSLCB works with the public and licensees on key decisions that affect the safety of Washingtonians, and the agency has a central role in creating regulatory frameworks to support that work. WSLCB believes that Washingtonians have the capacity to be well informed just as experts have the capacity to better appreciate the concerns of the public. Both expert knowledge and the perspectives of the public are crucial to the formulation of wise policy. For more on deliberative dialogue click here.

How are the sessions formatted?

Each session is scheduled for three hours.

  • A panel will be scheduled for each session, comprised of:
    • Panel 1: Consumers (4 – 5 panelists; consumers, health care reps, and others)
    • Panel 2: Processors (5- 6 panelists; processors/producers from all tiers, indoor/outdoor growers, minority-owned business, and differing regions in state)
    • Panel 3: Labs (4 – 5 panelists, consisting of lab owners, employees, or both).
  • The moderator will open each forum with topic background, panel introduction, and ground rules.
  • Panelists may give a five minute opening statement covering their background, their interest and experience on the topic, and ideas or thoughts they’d like to talk about.
  • Questions sent in from the panelist recruitment will be posed to the panel members.
  • The rest of the meeting will be interactive (using the hand-raising feature in WebEx) to allow participants and listeners to pose questions to the panel.

How are Panelists Selected?

WSLCB began panel recruitment on January 6, 2021. We asked for those interested in being a panelist, participant or listener to contact us by close of business, or 5PM on January 20, 2021. We continue to need panelists. You can view the announcement and apply here.

How can I listen or participate in Deliberative Dialogue at WSLCB?
Sign up as a non-panelist participant or listener for:

Questions? Contact rules@lcb.wa.gov.

WSLCB Actions: New Permanent Rule For Certificates Of Compliance For Cannabis Business Locations And Extension Of Emergency Rules On Prohibition Of Vitamin E Acetate

January 6, 2021 Board Action

On Jan. 6, during a regularly scheduled meeting, the Washington State Liquor and Cannabis Board took the following actions:

Adopted Emergency Rules (CR-103E) Regarding Vitamin E Acetate

Emergency Rules (WAC 314-55-1055) – Marijuana Product Disclosure Form (Effective January 6, 2021)

Emergency Rules (WAC 314-55-1065) – LCB Vitamin E Acetate Prohibition (formerly LCB Vitamin E Acetate Ban) (Effective January 6, 2021)

Emergency Rules (WAC 314-55-077) – Marijuana Processor License – Privileges, Requirements and Fees (Effective January 6, 2021)

Emergency Rules (WAC 314-55-079) – Marijuana Retailer License – Privileges, Requirements and Fees (Effective January 6, 2021)

 

Adopted Permanent Rule (CR-103P)  Certificate of Compliance – location of business upon application submission)

Implementation of SSB 6206 – Marijuana Business Premise Certificate of Compliance (Effective February 6, 2021)

WSLCB Looking For Panelists For Its First Deliberative Dialogue Sessions

Be a Panelist, Participant, or Listener

WASHINGTON:  Do you want to share your perspectives about cannabis quality assurance testing? Would you like to share your experiences with fellow licensees, consumers, and others? Would you like to be part of a different way of sharing information and gaining understanding?

If you answered “yes,” let us know!

WSLCB has been working on developing new cannabis product-testing rules. A public hearing on proposed rules was held on November 18, 2020. While we heard oral comment from many licensees, we would like to hear from everyone in the supply chain so we have a better understanding of the complete system – processors, producers, retailers, consumers, and others. And we want everyone in the supply chain to have an opportunity to hear the wide range of perspectives

We’d like to hear from everyone in the supply chain so we have a better understanding of the complete system – processors, producers, retailers, consumers, and others. And we want everyone in the supply chain to have an opportunity to hear the wide range of perspectives.

About the sessions

LCB’s Policy and Rules manager Kathy Hoffman will moderate three sessions with different panelists and topics. To get the conversation started the sessions begin with prepared questions for each panel, with time near the end for audience questions and participation (online of course). Our goal is to increase communication between consumers, licensees, labs, and the agency.

The three session dates and topics as follows:

  • January 28, 2020: Consumer Panel (4 -5 panelists)
  • February 4, 2020: Processor/Producer Panel (5-6 panelists)
  • February 11, 2020: Cannabis Testing Lab Panel (4 -5 panelists)

We want to make sure that each panel represents the rich diversity of our communities, license types, and growing practices. Can you help?

Please send the following information to rules@lcb.wa.gov, attention Kathy Hoffman by close of business (5PM) on TUESDAY, JANUARY 20, 2020:

  1. Your name
  2. Which of the three panels and dates you’d like to be considered for
  3. Your contact information (email and phone number)
  4. Tell us if you are a consumer, producer, processor, producer/processor, retailer or lab employee or owner
  5. If you are a processor, producer or processor/producer, tell us:
    • Your tier size (1, 2,or 3); whether you are an indoor or outdoor grower; and where you are located.
  6. Tell us three or four questions you’d like to ask others on your panel (for example, how do other producers sample? Or, when you purchase product, what are you looking for?)

We will be sending more information on the deliberative dialogue process, our panelist selection process, and other details.

Don’t miss out on this opportunity to offer your perspectives on an important topic – send your information to rules@lcb.wa.gov, type in the subject line “Attention Kathy Hoffman” today!!