Search Results for: Washington State Liquor and Cannabis Board

Washington State Liquor and Cannabis Board Actions: Vitamin E Acetate in Vapes & Tier 1 Canopy

WASHINGTON:Yesterday, during a regularly scheduled meeting, the Washington State Liquor and Cannabis Board took the following action:

Approved a rule proposal (CR 102) to expand the plant canopy square footage allowed for licensed Tier 1 cannabis producers.

Adopted emergency rules (CR 103E) to enforce the requirements of WAC 246-80-021 prohibiting the use of vitamin E acetate in vapor products, within the context of chapter 69.50 RCW. This emergency rule allows the Board to take disciplinary action against any cannabis processor licensed under WAC 314-55-077, or any cannabis retailer licensed under WAC 314-55-079 that fails to comply with the provisions of WAC 246-80-021 under the authority of chapter 69.50 RCW. The emergency rules took effect immediately yesterday upon filing with the Code Reviser’s Office.

Rescinded Emergency Rules WAC 314-55-1065 and 314-55-1055, regarding the LCB Vitamin E Acetate Prohibition and Cannabis Product Disclosure Form

Washington State Liquor And Cannabis Board Action

WASHINGTON: This week, during a regularly scheduled meeting, the Washington State Liquor and Cannabis Board took the following action:

Approved a pre-proposal statement of inquiry (CR 101) to consider rule amendments that would allow the Board to take disciplinary action against any licensed marijuana processor or retailer failing to comply with the provisions of WAC 246-80-021, concerning the sale of vitamin E acetate. These amendments would update current emergency rules requiring the same compliance, but authorized under WSLCB authority. No other amendments or revisions to WAC 314-55-077 or WAC 314-55-079 are being considered at this time.

Rescinded Board Interim Policy (BIP) 03-2018 regarding temporary suspension of 24-hour “quarantine” for marijuana licensees prior to transferring product, referring specifically to WAC 314-55-083(40(g) and (f) as they existed in rule at that time. BIP 03-2018 was designed to be rescinded upon adoption of rules to implement the policy.

On October 31, 2018, the Board adopted several revisions to chapter 314-55 WAC, including revisions to WAC 314-55-083. These were filed with the Code Reviser as WSR 18-22-055. Specifically, WAC 314-55-083(4)(g) and (h) were completely removed from the subsection, as was any reference to a 24-hour “quarantine” period. The rules became effective on December 1, 2018. As a result, BIP 03-2018 is no longer necessary

Gov. Inslee Appoints David Postman as Chair of the Washington State Liquor and Cannabis Board

WASHINGTON:  The Liquor and Cannabis Board (LCB) today announces that Gov. Jay Inslee has appointed David Postman as Chair of the LCB Board.

Prior to his appointment, Mr. Postman had served as Gov. Inslee’s chief of staff from Dec. 2015 until Nov. 15, 2020. He served in the Inslee Administration since the governor took office in 2013, first serving as his executive director of communications. Before joining the administration, Postman served as a senior director at Vulcan Inc., the company headed by Microsoft co-founder Paul Allen. Mr. Postman has a 26-year career as an award-winning journalist in Oregon, Alaska and Washington, including 14 years working as a political reporter for The Seattle Times.

“David has extensive experience bringing people together to work through complex and difficult issues,” Gov. Jay Inslee said. “He is able to listen to divergent viewpoints and synthesize feedback to move toward resolution. He is committed to transparency and openness, and knows state government well. I know David will make an excellent addition to the LCB Board and I am so glad that he will continue to serve the people of Washington.”

The Board is composed of three members appointed by the Governor to six-year terms. The Board holds regular public meetings and work sessions with stakeholders, makes policy and budget decisions, and adjudicates contested license applications and enforcement actions on licensees. Board members also hired the agency’s Director, Rick Garza, who manages day-to-day operations. The agency has licensing, enforcement, tax collection and/or regulatory roles concerning alcohol, cannabis, vape and tobacco. It has a staff of approximately 350.

“David has been part of the LCB’s efforts to help get Washington’s pioneering regulated cannabis system off the ground from the beginning,” said Garza. “He helped demonstrate to the U.S. Dept. of Justice that Washington State could safely implement a safe and orderly system. Ultimately, the Justice Department issued the Cole Memo which stipulated the federal government’s concerns going forward.”

Mr. Postman succeeds former Board Chair Jane Rushford whose term expired in Feb. 2021.

“Jane served as the consummate professional. I thank her for her service to the Board, its employees and for her many contributions,” said Postman. “I am looking forward to carrying on efforts begun under her tenure, particularly the Board’s efforts to increase diversity and equity within the state’s regulated cannabis system.”

Mr. Postman begins his six-year term March 15, 2021. He joins current Board Members Ollie Garrett and Russ Hauge.

Washington State Liquor And Cannabis Board Adopts New Marijuana Packaging & Labeling Rules

wslcbWASHINGTON: The WSLCB yesterday adopted a fundamental re-rewrite of the Packaging and Labeling rules. The new rules were developed collaboratively the with the industry, prevention community, and other stakeholders.

These rules will become effective January 1, 2020. Licensees will have until July 1, 2020 to bring all product packaging and labeling into compliance. Retailers will have until January 1, 2021 to phase out all sell down non-compliant product.

The interim policy linked below will guide the implementation of the rules.

Please review this Packaging and Labeling Guide to help you understand the new rules and how they should be applied.

Adopted

Board approved the CR-103 for Packaging and Labeling

Packaging and Labeling (Effective January 1, 2020)

Board approved Board Interim Policy (BIP) 17-2019

BIP-17-2019 – Implementation of WAC 314-55-105 regarding marijuana packaging and labeling rules, and WAC 314-55-077 (8) and (9) (Effective December 18, 2019)

Withdrawals/Rescinded

  • The CR-101 for Cannabis Production and Canopy was withdrawn

Cannabis Production and Canopy

 The Board rescinded BIP 05-2018, 07-2018, 08-2018, 09-2018, 10-2018, and 14-2019

  • BIP-14-2019– Marijuana Labeling Retail Sell-down (Effective August 21, 2019)
  • BIP-05-2018– Cannabis Packaging and Labeling Rules (Revised – Effective July 17, 2019)
  • BIP-07-2018– Marijuana Labeling- False and Misleading Definition Clarification (Revised – Effective July 17, 2019)
  • BIP-08-2018– Marijuana Labeling – Curative or Therapeutic Effects (Effective July 17, 2019)
  • BIP-09-2018–  Marijuana Labeling – Marijuana Infused Edibles Colors and Homogenization (Effective July 17, 2019)
  • BIP-10-2018– Marijuana Labeling – Marijuana Infused Edibles Colors (Revised – Effective July 17, 2019)

Washington State Liquor and Cannabis Board Upgrades Marijuana Report

WASHINGTON:  The Washington State Liquor and Cannabis Board (WSLCB) today updated its dashboard-style report that includes snapshots of frequently requested marijuana data. The new Marijuana Report is more automated than the previous iteration. Users will see new visualizations and have greater access to the data that powers those visualizations. A list of features:

  • Data fields – Enhanced data points to provide more information. Instead of static numbers, customers can now see those numbers broken out into greater detail and visualized. In addition users also have access to the datasets that are powering these visualizations for even greater detail.
  • Automation – The former report required manual updating by WSLCB staff. The new one automates much of that work, reducing opportunities for error and frees up staff time.
  • Customizable – Customers can manipulate the underlying data to create their own visualizations
  • Update Cadence – Now that the industry is maturing with less data variation week to week the agency will be cutting back on update frequency, this new report will be updated mid-month to reflect the previous month’s data.
  • Future Improvements – This report will continue to evolve over time. The agency is mid-way through a modernization of its licensing and enforcement systems. As we modernize our internal systems there will be better data to draw from.

The Marijuana Report is posted within the “Frequently Requested Lists” section of the WSLCB website. This section includes a variety of regularly updated marijuana data including lists of all marijuana license applicants, certified labs, approved infused products and other information. While the report will still be located in the same spot it will have a new address so be sure to update your bookmarks.

Washington State Liquor & Cannabis Board Extends Interim Packaging and Labeling Requirements

WASHINGTON: The Washington State Liquor and Cannabis Board (WSLCB) extended Board Interim Policies 5,7,8,9,10-2018 regarding Packaging and Labeling requirements to July 1, 2020.

The WSCLB began a rule development project on May 29, 2019 to redesign packaging and labeling rules (View CR-101 and Issue Paper). This comprehensive rule overhaul project, designed to reduce the complexity, and increase readability of the current rules, will  provide opportunities for licensees to offer comment and input throughout the rule development process, including “Listen and Learn” forums that allow for in-person feedback.  You can expect more communication in the coming months.

Washington State Liquor & Cannabis Board: Lab and Quality Assurance Rules Update

WASHINGTON: The Washington State Liquor & Cannabis Board (WSLCB) has released the following Lab and Quality Assurance Rules Update:

Effective Date

We have received several inquiries on whether the new requirements proposed in the Lab and Quality Assurance rule-making would be going into effect on February 26, 2017. Due to the volume of public comments and potential improvements identified by WSLCB staff it is anticipated that we will be filing a Supplemental CR-102 to accommodate the proposed changes. This will nullify the proposed effective date. 

The Supplemental CR-102 filing will open up another public comment period and require a public hearing before the rules can be adopted and go into effect. As part of this assessment, the Board will also consider a delayed effective date for the new rules to accommodate preparations for the new requirements should they be adopted.

Note Regarding Proposed Timelines

Rulemaking is a fluid process and information, materials and timelines could be subject to change over time. The dates used in proposed timeline documents are tentative and contingent upon whether the steps in the rulemaking occur at the times specified. Changes to the proposed timelines are communicated at Board meetings and through the Rules Distribution Listserv (email notification)

Emergency Rules

Emergency rules previously adopted regarding pesticide action levels, proficiency testing requirements, and laboratory certification and suspension/revocation requirements remain in effect and will be continued until permanent rules are completed. Emergency rules may be found on the WSLCB’s “Recently Adopted Rules” webpage.

Rulemaking Information

Information on this rulemaking and all WSLCB rulemaking activities is available on our website under “Laws and Rules.” The WSLCB website and the Code Reviser’s website includes all of the most current information on rules in effect and rulemaking in progress. Links to these resources are provided below.

WSLCB Laws and Rules: http://lcb.wa.gov/laws/laws-and-rules

Washington State Code Reviser: http://leg.wa.gov/CodeReviser/Pages/default.aspx

  • Access to the Washington State Register
  • Access to rule-making resources

Washington State Legislature: http://leg.wa.gov/

  • Access to all current laws (RCWs) and rules (WACs) for Washington
  • Access to bills before the Legislature

Meet Washington State’s Official New Liquor And Cannabis Board

WASHINGTON: Big changes are coming to the state Liquor Control Board, including a name change.

The same law that will change the Liquor Control Board’s name July 24 to the “Liquor and Cannabis Board” also directed the agency to decide which unlicensed medical-marijuana shops and grow operations to legitimize by July 1, 2016.

The process will involve a merit system, the Olympian reported.

The agency assumes 825 unlicensed medical shops will apply for a license and half will receive one.

First dibs would go to people who have been in the medical-marijuana industry since before 2013, have paid their taxes and applied for one of the recreational licenses. Next up are applicants who didn’t apply for a recreational license but meet the other requirements. Everyone else falls into a third tier.

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.