Washington Department of Agriculture Issues Updated List of Pesticides Allowed for Use in Marijuana Production

WASHINGTON:  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 two new Section 3 pesticides and one new Section 25(b) pesticide to the list of allowable products for a total of 3 new products. There were no Section 3 or Section 25(b) pesticides removed from the list.  The updated list contains 284 Section 3 pesticides and 100 Section 25(b) pesticides, for a total of 384 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.

Section 3 Pesticides Added:                                               PA Registration Number

1.     DeBug Turbo For Home Gardens                              70310-5

2.     Lalstop K61 WP                                                          64137-5

Section 25b Minimum Risk Pesticides Added:                        WA. Registration Number

1.     TetraCurb Max                                                                 8596-21001

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

OLCC Expands Recall of Cura Select Tinctures

Tincture labeled as containing THC doesn’t contain THC

OREGON:  The Oregon Liquor and Cannabis Commission is expanding its recall of Select brand tincture products produced by Cura CS, LLC. The recall now includes a product labeled as having THC when actually it does not. 

The OLCC originally issued a recall on September 21, 2021 after consumers reported using a hemp tincture sold by Cura that was making them “high” even though it was labeled and packaged as not containing any detectable THC, the main psychoactive ingredient found in cannabis.

The recall expansion now includes Select Tincture 30mL THC Drops – 1000mg Unflavored which is only available for sale at OLCC licensed retailers. The OLCC has conducted preliminary tests of the Select Tincture 30mL THC Drops – 1000mg Unflavored and found that it does NOT contain any detectable THC.

The expanded recall affects Select Tincture 30mL THC Drops – 1000mg Unflavored that was produced on May 14, 2021. The OLCC estimates about 630 units were sold beginning June 29, 2021 and about 130 units are still on the shelves of OLCC retailers.

The label ID for the product is 1354 and the Unique Identification number is 1A401030002C0B1000002311. Photos of the recalled product and packaging are at the bottom of this press release.

OLCC has provided Cura with a list of the 15 OLCC retail licensees, identified through the OLCC’s cannabis tracking system, as still having Select Tincture 30mL THC Drops – 1000mg Unflavored in their inventories. OLCC has directed Cura to contact these retailers with instructions to remove the product from sale; Cura indicated it began this process before receiving the official notification.

Separately the OLCC is notifying the 15 impacted licensees with information about the recall and has directed them to stop selling and pull from their shelves any Select Tincture THC Drops – 1000mg Unflavored items with the above information on the label. The agency will also notify retailers that have already sold the product in case they receive questions from consumers.

Customers who have purchased this product can either return it to the OLCC licensed retailer they purchased it from or destroy the product.

If consumers have other product related complaints related to this recall they should notify the OLCC at marijuana@oregon.gov and include any information you have, including the consumer’s name and phone number.

 

Washington State Liquor and Cannabis Board Action

WASHINGTON: During a regularly scheduled meeting, the Washington State Liquor and Cannabis Board took the following actions on the following Board Interim Policies (BIP):

Rescinded Board Interim Policy 02-2016 concerning Unified Business Identifier (UBI) number Labeling on Marijuana Products.

Rules to implement this policy requiring the UBI of marijuana producers and processors packaging and labeling of marijuana products went into effect on January 1, 2019. As a result, this BIP is no longer necessary.

Rescinded Board Interim Policy 01-2017 concerning Sales of Immature Plants/Clones and Seeds

Rules to implement this policy to allow members of a registered cooperative, qualifying patients and designated providers to purchase immature marijuana plants or clones and/or seeds directly from licensed producers went into effect on December 1, 2018 As a result, this BIP is no longer necessary.

Rescinded Board Interim Policy 01-2018 concerning Food Service Requirements for Spirits, Beer and Wine Restaurant licenses.

Rules to implement this policy that expanded the definition of “complete meal” to provide that side dishes could be served with an entrée, but were not required, and expanded the definition of “entrée” to reflect greater cultural diversity of food offerings in licensed spirits, beer, and wine restaurants went into effect on July 14, 2018. As a result, this BIP is no longer necessary.

Rescinded Board Interim Policy 15-2019 concerning the Return of Flavored Marijuana Vapor Products by Retailers to Processors in Exchange for Credit.

On October 10, 2019, State Board of Health (SBOH) emergency rules became effective that prohibited the sale of flavored vapor products by persons licensed by LCB, consistent with the directives of Executive Order 19-03 (Addressing the Vaping Use Public Health Crisis). This prohibition created a financial liability for many marijuana licensees because existing LCB rule does not allow retailers to return prohibited products in exchange for credit to be used for future purchases of allowed products. BIP 15-2019 temporarily allowed LCB licensed marijuana retailers to return flavored marijuana concentrates for inhalation and flavored marijuana extracts for inhalation to licensed marijuana processors for credit against future purchases of marijuana products. The SBOH did not renew its prohibition on the sale of flavored vapor products, and the BIP 15-2019 expired on December 31, 2019. As a result, BIP 15-2019 is no longer necessary.

Rescinded Board Interim Policy 17-2019 concerning Implementation of WAC 314-55- 105 Regarding Marijuana Packaging and Labeling Rules, and WAC 314-55-077(8) and (9)

On December 18, 2019, the Board adopted a substantial restructure and multiple revisions to WAC 314-55-105 concerning the packaging and labeling of marijuana products. BIP 17-2019 addressed and described year-long “phase in” and “sell down” periods to comply with the new rules, intended to assist licensees with implementation flexibility and cost mitigation. The policy was designed to expire on January 1, 2021. The agency has not received any requests to extend this policy. As a result, BIP 17-2019 is no longer necessary.

Questions?

Contact Kathy Hoffman, Policy and Rules Manager at katherine.hoffman@lcb.wa.gov

WSLCB Issues Memo Emphasizing Prohibition of Conversion of CBD to Delta-9 THC; Purchase or Sale of hemp-derived Delta-9 THC

August 5, 2021

To:                Cannabis Industry Members

From:           Chandra Brady, Enforcement & Education Division Director

Subject:      Prohibited: conversion of CBD to delta-9 THC; purchase or sale of hemp-derived delta-9 THC


Enforcement Bulletin 21-02

As the cannabis industry continues to evolve and progress, questions of the legality for manufacturing THC from hemp-based CBD created a need to assess and analyze statutory provisions related to this process.

Interpretive Statement #IS-21-02, Allowable Practices for a Holder of a Marijuana Processor License, concluded that processors licensed under RCW 69.50.363 may not legally convert CBD into delta-9 THC, as the license privileges do not allow them to convert CBD into THC. As the production of delta-9 THC falls outside the license privileges of a processor licensed by the LCB, that activity may be considered a controlled substances act violation, and a misuse of the processors license. Additionally, licensed processors may not sell or purchase any THC product not legally produced by a licensed marijuana producer.[1]

What does this mean for licensees?

  • Processors are not allowed to convert CBD into delta-9 THC.
  • Processors are not allowed to buy or sell delta-9 THC products not legally produced.
  • Retailers should not knowingly purchase products from processors which contain delta-9 THC converted from CBD. Nor should retailers sell such products to consumers.

How will WSLCB Enforcement and Education staff approach this in the field?

The Enforcement and Education team will approach this from an education-first perspective so we can help licensees achieve compliance. Our team has several tools to use to help; communication, basic education, administrative holds, warnings, notices to correct. If we identify licensees who are knowingly and intentionally violating rules and law or licensees who do not demonstrate a desire to achieve compliance, we will take appropriate enforcement action. 

Are there any exceptions?

There are no exceptions.

If you have any questions, please contact your assigned compliance consultant or enforcement officer.


[1] The interpretive statement also noted that it did not infer any approval for Marijuana Producer license holders to manufacture “marijuana” with a THC concentration greater than 0.3 percent on a dry weight basis from CBD.

OLCC Changes Name, Agency Stays Focused On Same Mission

Now known as Oregon Liquor & Cannabis Commission

OREGON:  On Monday, August 2nd, 2021, the OLCC became the Oregon Liquor and Cannabis Commission, dropping the word “Control” that had defined the agency’s original post-Prohibition mission. Previously referred to as the Oregon Liquor Control Commission, the agency began regulating recreational marijuana after voters approved Measure 91 in November, 2014.

This change comes five years after voters passed Measure 91 which directed the agency to establish a framework for regulating Oregon’s recreational marijuana marketplace. While the change updates the agency’s name to better reflect its mission, the OLCC acronym will remain the same.

“The industries we regulate matter, they matter a lot to the state of Oregon’s economy,” said Paul Rosenbaum, Chair of the Oregon Liquor & Cannabis Commission. “The cannabis industry in Oregon has become a billion dollar business and changing our agency name reflects our role in generating revenue to fund state programs.”

Newly issued alcohol and marijuana licenses, and alcohol server and marijuana worker permits, will be modified to include the new name and logo. Existing versions of these official documents continue to be valid with the agency’s previous name and logo, and will be replaced when the licensee or permit holder renews them.

The OLCC will make minor public facing adjustments to reflect the name change; the modifications will have a minimal cost. Exterior signage at OLCC headquarters and regional offices will gradually be brought up-to-date. Documents on the agency website will continue to be updated with the new OLCC logo. The agency will deplete its existing stock of paper documents branded with the agency’s old name and logo; these items will be replenished with the new name and logo when existing supplies are exhausted.

The OLCC was originally created in 1933, in the wake of national alcohol prohibition being repealed by the adoption of the 21st amendment to the US Constitution. At that time, America was laboring to rise out of the “Great Depression” and the world stage was being set for the start of World War II. In 1933, Oregon’s Liquor Control Act became law and directed the OLCC to sell distilled spirits and to license businesses to sell beer and wine.

Agency name changes occur as their mission evolves; however, it’s not common. According to information provided by the State Library of Oregon, during the past 30 years there have been about 10 Oregon agencies that have changed their name. The most recent change was when the State Library itself changed its name in 2017 to clarify that it wasn’t affiliated with Oregon State University.

Now 88 years later, the OLCCs mission has grown to include managing compliance with Oregon’s Bottle Bill, marijuana regulation and oversight of specific aspects of the state’s hemp market. Historically, the OLCC has and continues to play a vital role generating funding for schools, public safety and health programs. In recent years, combined sales from its alcohol and marijuana programs contribute $400 million annually to those vital programs. The success of Oregon’s cannabis market can be measured in the adult-use marijuana market becoming a $1 billion industry in 2020 and projected to continue at that level in 2021.

While establishing a regulated cannabis market has required the investment of financial and personnel resources, the agency has remained committed to supporting bars and restaurants through sensible upgrades to Oregon’s alcohol regulatory environment balanced with public safety protections.

“Our name may have changed, but our mission to serve the businesses we license, the consumers we protect, and the communities we support by generating revenue for the state – all of those things remain the same,” said Steve Marks, OLCC Executive Director. “For the next two years we’re going to concentrate on helping the cannabis and hospitality industries re-establish and grow their business, while ensuring revenue stability for the state. That’s the immediate focus of the Oregon Liquor & Cannabis Commission.

The COVID-19 pandemic uniquely challenged Oregon’s hospitality industry requiring businesses and the agency to innovate to keep businesses open, while constrained by public health guidelines designed to limit the spread of the virus. Agency staff worked directly with licensees, public safety groups and elected officials to find solutions for long-standing challenges. This included: creating an option for cocktails-to-go, while modifying rules to allow for curbside delivery, and enabling businesses to expand outdoor seating.

During the remainder of 2021, the OLCC will be working through other legislative changes to help the alcohol and cannabis industries build back their business. This will include reviewing existing policies and working with partners to cut red-tape and find operational efficiencies while continuing to generate vital revenue for the state of Oregon.

Licensees and others doing business with the Oregon Liquor and Cannabis Commission should still make their payments out to the “OLCC.” So even as the OLCC continues to evolve to better serve Oregon, the acronym will remain the same.

Minors in Washington State Licensed Marijuana Producers/Processors Allowance Extended

WASHINGTON:  Due to daycare challenges, particularly in eastern Washington, and the dynamic and uncertain nature of the state’s response to COVID variants, the LCB is extending the limited allowance for minors in licensed marijuana producers and processor premises. The new expiration date is set for Oct. 31, 2021. The LCB will later review the expiration date to consider whether it should be again be extended.

 

Minors in Licensed Marijuana Producers/Processors

Effective until: Oct. 31, 2021

Due to the related COVID – 19 impacts, the LCB is temporarily relaxing enforcement of WAC 314-55-015 involving the prohibition of minors being present on premises of licensed marijuana producers/processors in limited circumstances. This temporary allowance is to accommodate families that have been impacted by school closures and daycare challenges.

Effective immediately the LCB will not enforce the provisions of WAC 314-55-015 for families who have children under the age of 16 on the licensed premises, so long as the following conditions are met:

  • The person under 16 years of age is a child or grandchild of the licensee,
  • The person under 16 years of age is not engaging in any work or act of employment for the licensed business,
  • The person under 16 years of age does not possess any products associated with the production, processing, or sales of marijuana,

This advisement covers only the licensed marijuana facility for producers and processor, and does not include or cover retail locations or transportation vehicles.

OLCC Continues Transformation As Oregon’s Cannabis Regulator

Commission contemplates agency’s pending name change

Legislature adds to OLCC’s responsibilities, boosts agency budget

OREGON:  In the wake of Oregon’s recently completed 2021 legislative session, the Oregon Liquor Control Commission began contemplating the strategic path the agency will take to implement new regulatory responsibilities. That was one of the matters Commissioners covered during their regularly scheduled monthly meeting on Thursday, July 15, 2021.

The Commission also approved penalties in several stipulated settlements for violations committed by recreational marijuana licensees, placed restrictions on three recreational marijuana licenses, and approved a temporary rule adjusting a Cannabis Tracking System requirement.

Oregon lawmakers approved a series of bills that will continue the transformation of the OLCC’s regulatory responsibilities from an agency focused on oversight of the alcohol industry to a regulator engaged in consumer protection of alcohol and cannabis products, control of adult intoxicants, and upholding public health and safety laws. The agency’s evolving mission is reflected in a law changing the agency’s name to the Oregon Liquor & Cannabis Commission that takes effect August 2, 2021.

The OLCC also provided technical support to legislators working to curb illegal hemp and marijuana production and bring hemp produced intoxicating products under stricter control. Currently Delta-8-THC, which is chemically extracted from hemp, can be sold to children at neighborhood convenience stores; House Bill 3000 requires the OLCC to keep THC products away from kids. HB 3000 also directs OLCC to work the Oregon Department of Agriculture and other state and local government agencies to crack down on illegal cannabis grows.

“What’s going on in southern Oregon with the cartel takeover of cannabis growing through the guise of hemp and our role in being able to enforce that is all incredibly important,” said OLCC Executive Director Steve Marks. “We and our partners are poised to begin eradicating this illegal activity, to bring stability to disrupted communities starting in Jackson and Josephine counties, and to ensure that our legal, licensed, tax-paying cannabis licensees aren’t being undermined by illegal market activity.”

The legislature approved the OLCC’s plan to modernize its licensing system and alcohol distribution and tracking infrastructure, approving funding for information technology upgrades and a new consolidated warehouse. Even before the pandemic distilled spirits sales have grown steadily year-over-year straining the existing capacity at OLCC’s two warehouses. Without the expansion the state is projected to lose $586.9 million during the next decade. The OLCC has been laying the groundwork to acquire a new warehouse for more than a year.

”Where this agency has to go, we really have to help all of our licensees,” said Marks. “The hospitality industry, alcohol and cannabis move on to post-Covid recovery. We’ve got a lot of challenges there for the industry next two years. To make sure Oregon’s economy is strong and we do our part with that with the resources given to us.”

Commissioners ratified the following violation fines and suspensions based on stipulated settlements (detailed information on specific cases can be found here on the OLCC website):

BLACK MARKET PRODUCTIONS will pay a $4,950 fine OR serve a 30-day recreational marijuana producer license suspension for one violation.

Licensee is: BM Productions, LLC; Daniel Shandy, Member.

TRYKE CITY in Brookings will pay a $5,750 fine OR serve a 23-day recreational marijuana retailer license suspension for one violation (second-level).

Licensee is: Tryke City, LLC; Bryan Grant, Member; Han Bao Liu, Member.

EXODUS WELLNESS CENTER in Portland will pay a $5,610 fine OR serve a 34-day recreational marijuana retailer license suspension for four violations.

Licensee is: Cathleen Huffine, Co-Licensee; Rick Dudley, Co-Licensee.

TELOS CONSULTING will surrender its recreational marijuana producer license for three violations, on the date the transfer of ownership of the business is completed or on October 15, 2021, whichever is earlier.

Licensees are: Telos Consulting, LLC; Yaqun Liu, Member.

The licensees of BULL MOON received a letter of reprimand for two violations. The licensees surrendered their recreational marijuana producer license to the OLCC on May 27, 2020.

Licensees are: Bull Moon, Inc.; Thomas Ertel, President/Secretary/Treasurer/Director; Tailed J, Inc., Stockholder; Thomas Ertel, President/Secretary/Treasurer/Director/Stockholder.

The licensees of SOLSGREEN received a letter of reprimand for seven violations. The licensees surrendered their recreational marijuana producer license to the OLCC on April 9, 2021.

Licensee is: P&E Green Solutions, LLC; Pedro Morales, Managing Member.

MARK SCHENK; permit holder will pay a $350 fine or serve a 14-day marijuana worker permit suspension for two violations.

The Commission approved restrictions to a recreational marijuana producer license for the applicants of

EUGENIUS. The applicant’s landlord, who will benefit or suffer financially from the proposed business, has a poor record of compliance as a recreational marijuana licensee. The license restrictions require that the landlord not have any involvement in the operation or management of the business, not act as employee or agent of the business, and not be on the licensed premises at any time.

The Commission approved restrictions to a recreational marijuana producer license for the applicants of FALAHI and a marijuana processor license for the applicants of FALAHI. The applications included one individual who has a poor record of compliance as a recreational marijuana licensee. The license restrictions requires the licensee to prohibit one individual from any involvement in the operation or management of the business, or to provide any services to the business, and not be on the licensed premises at any time. The licensee and their employees are also required to complete additional Cannabis Tracking System (CTS) training and to put in place protocols to ensure better CTS compliance.

WSLCB Action: Board Action: New rule projects for Evaluation of THC Compounds; Proposed Rules – Cannabis license background checks; Final rules for cannabis Tier One expansion

Washington State Liquor and Cannabis Board Action

WASHINGTON:  Yesterday (7/7/2021), during a regularly scheduled meeting, the Washington State Liquor and Cannabis Board took the following action:

Approved withdrawal of a proposal statement of inquiry (CR 101) for THC Compounds Other Than Delta- 9.

Approved a preproposal statement of inquiry (CR 101) to consider establishing a new rule section that would allow the WSLCB to evaluate additives, solvents, ingredients or compounds used in the production and processing of marijuana products other than delta-9 tetrahydrocannabinol (THC), as well as CBD, hemp, or both converted to delta-8 THC, delta-9 THC, or any other marijuana compound that is not currently identified or defined in the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), or both, to determine whether such substances pose a risk to public health or youth access.

Approved a notice of proposed rulemaking (CR 102) to consider changes to current rules that frame the standards and thresholds for criminal history checks for marijuana [cannabis] licensees.

Adopted final rules (CR 103) to implement cannabis Tier One Expansion. The rules take effect August 7, 2021.

OLCC Recalls Marijuana Vapes Sold Under Naked Extracts and Native Labels

Licensee failed to test its products before selling them to consumers

Products contain untested marijuana ingredients imported from California

 

OREGON:  The Oregon Liquor Control Commission is issuing an immediate health and safety recall for marijuana vaping products sold under the “Naked Extracts” and “Native” labels. An investigation and interviews with the licensees have revealed that the affected products contain marijuana-derived ingredients (terpenes) from out-of-state, and the Naked Extracts and Native marijuana products had not been tested for the presence of ingredients harmful to human health after these ingredients – untested according to Oregon standards – were added. These vaping products were then distributed into the Oregon consumer cannabis market.

An OLCC investigation discovered the licensee of Naked Extracts, LLC., has been using marijuana derived terpenes (flavorings) produced and distributed by True Blue, a California based company. The use of marijuana derived ingredients, including terpenes, sourced from non-OLCC licensed businesses is prohibited under Oregon law and OLCC rules.

The licensee also admitted to adding the marijuana terpenes to Naked Extracts and Native products after the products had been tested for potency, pesticides, and solvents. All final (consumer ready) products sold into Oregon’s regulated cannabis market are required to be tested.

In an attempt to resolve the recall aspect of this investigation, on May 6, 2021 the OLCC notified Naked Extracts, LLC of the investigation, and provided the company with the opportunity to issue a voluntary recall until the investigation is completed and the matter resolved. During the two-week period since initial notification, the licensee did not progress in its pledge to execute a complete recall. Therefore, in order to prevent additional delay and further potential harm to public health, the OLCC is issuing the mandatory recall under its authority to recall products that contain marijuana-derived ingredients from outside the licensed system.

Consumers can identify the affected products with the following information:

Naked Extracts label recallNative label recall

Consumers who have these recalled products should dispose of the products or return them to the retailer where they were purchased. The recall currently covers products manufactured between October 1, 2019, and April 20, 2021. Consumers can follow these instructions found on the OLCC Recreational Marijuana Program website to destroy marijuana on their own.

There have been no reports of illness. The possible health impact of consuming marijuana products with unapproved pesticide and/or residual solvent residues is unknown. Short and long-term health impacts may exist depending on the specific product, duration, frequency, level of exposure, and route of exposure. Consumers with concerns about their personal health should contact their physician with related questions. Consumers with questions or concerns about recalled product or pesticide residues in marijuana products are encouraged to contact the product retailer and/or the Oregon Poison Center at 800-222-1222.

 

 

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.