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.

Oregon Liquor Control Commission Seeks Input On Recreational Marijuana Regulations

OREGON: The Oregon Liquor Control Commission will hold several Rules Advisory Committees (RACs) beginning in late summer and continuing into this fall. The purpose of an advisory committee is to increase the public’s involvement in the drafting and development of administrative rules.

These meetings will focus on reviewing legislative changes made during the 2019 session and address other issues that have arisen within the licensed and regulated marijuana industry.

In order to fill the RACs, the Commission is asking licensees, partner agencies and businesses associated with the cannabis industry, to apply to be on the committees.

The Commission will use this recruitment process to obtain fresh perspectives on both the condition of the industry’s operating environment and the current state of the rules and regulatory process.

To apply to be considered for appointment to the committee please fill out this survey by August 1, 2019.

The Commission will review all responses and fill the membership of the committees in a manner that best represents the industry and reflects a wide range of perspectives on industry issues.

Following the completion of the committee work, the Commission will hold both a Public Hearing and provide a subsequent two-week comment period in order to acquire additional perspectives on the proposed changes considered by the committees.

Stakeholders and other interested parties will be notified about all committee and hearing dates, and the information will be published on the Commissions’ website.

Click here to apply for the OLCC Recreational Marijuana Program RACs.

Washington: WSLCB Notice Of Rulemaking – Mandatory Marijuana Signage


WASHINGTON:  The Washington State Liquor and Cannabis Board would like your input on the following proposed rules. Following the comment period, the board will hold at least one public hearing before the rules are adopted.

wslcbProposed rule making (CR-102)   Mandatory Marijuana Signage

Individual notices can be found at lcb.wa.gov/laws/laws-and-rules under Proposed Rules.

Public Comment
Please forward your comments to the Liquor and Cannabis Board by mail, e-mail, or fax by the date/s indicated below. Please be sure to indicate the rulemaking you are commenting on in the subject line.

Rules Coordinator 
Liquor and Cannabis Board 
P.O. Box 43080
Olympia, WA 98504-3080

Email: rules@lcb.wa.gov

Fax: (360) 664-9689

Public Hearing Location
Washington State Liquor and Cannabis Board – Board Room
3000 Pacific Ave SE
Olympia, WA 98504

Alaska: Regulators Move Forward With On-Site Consumption Rules

ALASKA: State regulators have voted in favor of plans to permit on-site marijuana consumption at designated retailers.

Under the plan, licensed retailers could designate specific areas for on-site consumption by their customers. Customers would not be permitted to bring their own cannabis.

Retailers who wish to permit on-site consumption would need to apply for a special license from the state.

It is anticipated that state lawmakers may also weigh in on the issue in 2019.


For more information, contact Justin Strekal, NORML Political Director, at: (202) 483-5500.

OLCC’s “Good Harvest” Produces Promising Results

Compliance Action Focused on Legal Outdoor Cannabis Producers

OREGON: The Oregon Liquor Control Commission today announced results of recent enforcement inspections of recreational marijuana producers indicating most of the inspected licensees are in compliance with Oregon laws and OLCC rules. “Operation Good Harvest” was a saturation compliance effort focusing on Oregon’s fall 2018 legal outdoor cannabis harvest.

During “Operation Good Harvest” OLCC inspection teams were in the field from September to early November 2018 and conducted 354 inspections across the state, with particular focus on southern Oregon. The OLCC found that 259, or 73 percent of outdoor producer licensees did not have any “deficiencies” or potential violations.

Of the 95 licensees with discrepancies, 41 of the licensees have potential violations that could lead to the cancellations of their licensees. That represents about 12 percent of the outdoor producer licensees inspected.

“The results of Operation Good Harvest are promising, but just as when we started minor decoy activity focusing on licensed retailers, producer licensees not in compliance need to improve to stay licensed and operational,” said Steve Marks, OLCC Executive Director. “The inspections reflect our agency’s effort to prevent diversion from Oregon’s legal cannabis market, and we’ll continue compliance activity across all license categories to maintain the well-regulated market that Oregonians expect.”

Good Harvest Stats
Many of the licensees not in compliance had multiple deficiencies. Some of the most common were for problems with cameras and surveillance coverage – cameras didn’t work, didn’t provide proper coverage of the licensed premise or surveillance footage wasn’t recorded.

Other common violations included: data in the Cannabis Tracking System (METRC) not matching plants or product discovered on the licensed premises, marijuana plants not tagged and entered into METRC, and failure to provide the OLCC with harvest notification information – including unrecorded harvests.

Licensees were also found to be in violation for making unapproved alterations to their licensed premises, security and alarm issues and using scales not approved by the Oregon Department of Agriculture.

In September 2018 the OLCC put in place a rule requiring outdoor producers to provide the agency advance notice of harvest activity. The notification information along with CTS data was used to coordinate inspections.

The OLCC has 628 active outdoor and mixed use recreational marijuana producers, and during “Operation Good Harvest” the OLCC inspected 56 percent of legal outdoor and mixed use growers. Mixed use producers grow cannabis outdoors and indoors.

After OLCC recreational marijuana inspectors complete their investigations of licensees for alleged violations, the OLCC’s Administrative Policy and Process division will consider what charges to file against the licensees, including possible license cancellation.

Licensees are entitled to challenge OLCC charges through the State of Oregon’s Administrative Hearings process, but the final decision on any charges will be taken by the OLCC Commission.

Washington Liquor And Cannabis Board Issues First Marijuana Research License

wslcb

WASHINGTON: The Washington State Liquor and Cannabis Board (WSLCB) has issued the state’s first license to produce, process and possess marijuana for research purposes. The license was issued to Verda Bio Research in Seattle, who are conducting research on cannabinoid-based therapeutics.

“This is an important milestone for Washington’s marijuana industry,” said Director Rick Garza. “We’re hopeful that the research will assist policy makers as we grapple with this emerging industry.”

Research licensees are permitted to produce, process and possess marijuana for limited research purposes: to test chemical potency and composition levels; conduct clinical investigations of marijuana-derived drug products; conduct research on the efficacy and safety of administering marijuana as part of medical treatment; and to conduct genomic or agricultural research. Applicants are investigated and must meet the same criteria as other marijuana businesses including security, distance from restricted areas, traceability, etc.

In addition to the above requirements applications are also vetted through an independent third party scientific reviewer. The role of the reviewer is to assess the project’s quality, study design, value, and/or impact. They also review whether applicants have the appropriate personnel, expertise, facilities/infrastructure, funding, and human/animal/other federal approvals in place to successfully conduct the project.

Research projects must pass both the scientific review and licensing requirements before the application is approved.

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. 

The WSDA has added 12 pesticides to the list of allowable products. Pesticides containing two new active ingredients (Cinnamaldehyde, Gliocladium catenulatum Strain J1446) were added to the list. Most 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.

Added

  1. AZERA PRO, EPA Reg. No. 1021-1872
  2. DEADZONE, EPA Reg. No. 73729-1
  3. DESECT AG DIATOMACEOUS EARTH INSECTICIDE, EPA Reg. No. 7655-1
  4. PRESTOP WG, EPA Reg. No. 64137-13
  5. PVENT, EPA Reg. No. 64137-13-70299
  6. SEICAN, EPA Reg. No. 91473-2
  7. SLUGGO MAXX, EPA Reg. No. 67702-55
  8. CINNERATE, WA Reg. No. 998200-14001
  9. ELEMONATEM, WA Reg. No. 999860-16001
  10. HEDGE NATURAL DEFENSE PLANT PROTECTANT, WA Reg. No. 997420-18001
  11. PROCIDIC2, WA Reg. No. 999550-16002
  12. PURELY GREEN BIO-PESTICIDE SUPER CONCENTRATE, WA Reg. No. 84289-18001

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. 

OLCC Commission Approves Rules on Revoking Marijuana Worker Permits and Harvest Notification

OREGON: The Oregon Liquor Control Commission today approved a rule permitting the agency to revoke the Marijuana Worker Permit of any permittee determined to be deliberately selling marijuana to a minor. The action adds to a series of steps taken by the Commission to prevent the sale of marijuana items to minors.

The Commission also approved a rule requiring marijuana producers to provide the OLCC advance notice when harvesting their cannabis crop.

In late 2017 the Commission began minor decoy operations to determine if retailers were selling marijuana products to minors. In early 2018, because of poor compliance among retailers, the Commission stiffened the penalties for retail licensees selling marijuana items to minors. After the increased fines were put in place compliance rates improved, but the Commission is increasingly seeing cases with repeated violations.

“Today’s action holds individuals with Marijuana Worker Permits as responsible as our licensees because it puts in jeopardy their right to work in the legal cannabis industry,” said Paul Rosenbaum, OLCC Commission Chair. “However it’s a privilege—not a right—to hold a license. We want to be in a position to take stronger action against those who don’t take the privilege of their license seriously, and will be addressing strengthening our sanctions in an upcoming session.”

The harvest notification rule is designed to reduce opportunities for legally produced cannabis to be diverted to the illegal market. The rule requires licensed producers to notify the OLCC by 9 AM any morning the producer decides to harvest their crop.

“We’ve designed this rule to be seamless because we want producers to make this a part of their normal business operations,” said Steven Marks, OLCC Executive Director. “At the same time it serves a very important function to preserve the integrity of our regulated market to keep what’s produced by the regulated market in the regulated market. That is exactly why we have worked hard with industry, law enforcement and public officials to make this a rule that can bring a sense of transparent accountability to the harvest.”

In other action the Commissioners of the OLCC approved the following fines and/or marijuana license suspensions based on stipulated settlements:

Lunchbox Alchemy, will pay a fine of $1,485 or serve a nine-day recreational marijuana processor license suspension for one violation.

The violation is for the licensee or its employees, agents, or representatives failed to record in METRC Cannabis Tracking System (CTS) within 10 days of licensure, information regarding the usable marijuana, cannabinoid concentrates, extracts or products that the Commission permitted to be transferred in from Licensee’s medical marijuana processing site inventory.

Licensee is CHC Laboratories, LLC; Cameron Yee, Managing Member.

Sensible Cannabis Company in Medfordwill pay a fine of $6,105 or serve a 37-day recreational marijuana retailer license suspension for two violations.

The first violation is for the licensee failing to keep surveillance recordings for a minimum of 90 calendar days.

The second violation is for the licensee or the licensee’s employees, agents, servants or representatives failing to store marijuana items in such a manner that the items were only accessible to authorized representatives until such time as the final sale to a consumer was completed when an edible item and jars of usable marijuana flower were left unsecured on the retail counter.

Licensee is FJ Ventures LLC.; Steven Fields, Managing Member; SR Ventures Inc., Member.

Pendleton Cannabis Company in Pendletonwill pay a fine of $2,970 or serve an 18-day recreational marijuana retailer license suspension for two violations.

The first violation is for the licensee failing to ensure that all marijuana items on the retail premises were kept in a safe or vault.

The second violation is for the licensee or the licensee’s employees, agents, servants or representatives failing to enter data into the Metrc Cannabis Tracking System (CTS) that fully and transparently accounted for all inventory tracking activities when Shawn Pace was listed as the CTS user, package adjustments were listed as “in house quality control,” and items reported to be “package adjustments” were found to still be on the premises.

Licensee is Pendleton Cannabis LLC.; Shawn Pace, Member; Roalynn Pace, Member.

Magic Castle in Medfordwill pay a fine of $6,105 or serve a 37-day recreational marijuana retailer license suspension for two violations.

The first violation is for the licensee failing to keep surveillance recordings for a minimum of 90 calendar days.

The second violation is for the licensee or the licensee’s employees, agents, servants or representatives failing to ensure that all marijuana items on the licensed retailer’s premises were kept in a safe or vault during all hours when Licensee was not operating.

Licensee is Magic Castle Inc.; Suren Vardanyan, President/Secretary/Stockholder; SR Ventures Inc., Member.

99 North; will pay a fine of $8,580 or serve a 52-day recreational marijuana producer license suspension for six violations.

The first violation is for the licensee’s employees, agents or representatives failing to enter data into the Metrc Cannabis Tracking System (CTS) that fully and transparently accounted for all inventory tracking activities.

The second violation is for the licensee maintaining cultivation batches at the premises that included more than 100 immature marijuana plants less than eight inches tall. Licensee created multiple cultivation batches that included more than 100 immature plants less than eight inches tall.

The third violation is for the licensee repeatedly failing to, within 45 days of harvesting a harvest lot, physically segregate individual harvest lots in a receptacle or multiple receptacles, and assign a UID tag to each receptacle that is linked to each plant that was harvested.

The fourth violation is for the licensee, its employees, agents, or representatives failing to ensure that cameras were placed in limited access areas on the premises in such a manner that they could capture clear and certain images of any individual and activity occurring in the limited access area.

The fifth violation is for the licensee failing to use UID tags issued by a Commission approved vendor, properly tag all inventory with a UID tag no later than when each plant reached a height of 24 inches or when the individual plants were identified as female, whichever was sooner, properly tag all other inventory with a UID tag pursuant to the requirements of CTS, and/or place tags in a position that can be clearly read by an individual standing next to the items, when inspectors located multiple untagged marijuana plants and items at the premises.

The sixth violation is for the licensee permitting a person, Julie Larsen, to use another person’s unique CTS log-on and password, when the Licensee Yu acknowledged that Julie Larsen used both her own unique log-on and password and Licensee Yu’s log-on and password to make entries related to the licensed premises.

Licensee is 99 North, LLC; Kimberly Yu, President/Secretary/Stockholder.

Hunter Neubauer; permittee will serve a 23-day suspension for one violation.

The Permittee made false statement(s) or representation(s) to the Commission in order to induce or prevent action or investigation by the Commission, when Permittee told Inspector Larry Brown that Licensee Oregrown has not had hemp on the premises since before they received their OLCC license and that “Mary’s Remedy Concentrated CBD Oil” label listing “hemp flower oil” as an ingredient was a mistake, probably from when they did process hemp items.

Oregrown; will serve a 76-day license suspension OR pay a fine of $4,950 and serve a 46-day recreational marijuana processor license suspension for three violations.

The first violation is for the licensee, a marijuana processor, and/or its employees, servants, agents, or representatives, permitted industrial hemp or a product derived from industrial hemp that contains cannabinoids to be present on the licensed premises.

The second violation is for the licensee’s employee, servant, agent or representative Aviv Hadar making a false statement or representation to the Commission in order to induce or prevent action or investigation by the Commission, when he told OLCC Recreational Marijuana Packaging and Labeling Specialist Jamie Dickinson that the “Mary’s Remedy Concentrated CBD Oil” label listing “hemp flower oil” as an ingredient was a typo/mistake from the Mary’s design team.

The third violation is for the Licensee’s employee, agent, or representative Managing Partner Hunter Neubauer, making false statement(s) or representation(s) to the Commission in order to induce or prevent action or investigation by the Commission, when Permittee told Inspector Larry Brown that Licensee Oregrown has not had hemp on the premises since before they received their OLCC license and that “Mary’s Remedy Concentrated CBD Oil” label listing “hemp flower oil” as an ingredient was a mistake, probably from when they did process hemp items.

Licensee is Pacific Enterprise Holdings, LLC; Oregrown Inc., Managing Member. Hunter Neubauer, President/Director/Stockholder; Kevin Hogan, Secretary, Director/Stockholder; Tsiona Bitton, Director/Stockholder; Justin Crawn, Director/Stockholder;

Rogue Coast Growers; will pay a fine of $9,750 or serve a 58-day recreational marijuana producer license suspension for five violations.

The first violation is for the licensee, or the licensee’s employees, agents, servants or representatives failing to keep surveillance recordings for a minimum of 90 calendar days.

The second violation is for the licensee, or the licensee’s employees, agents, servants, or representatives intentionally making physical changes to the licensed premises or the usage of the licensed premises that materially or substantially altered the licensed premises or the usage of the licensed premises from the plans originally approved by the Commission, without the Commission’s prior written approval when, during a premise inspection, it was discovered that an unapproved greenhouse structure and a hoop house structure were being used to grow marijuana plants.

The third violation is for the is for the licensee, or the licensee’s employees, agents, servants, or representatives failing to ensure that commercial grade, non-residential door locks were installed on every external door and gate of the licensed premises where marijuana items were present, specifically, on the door of the greenhouse and hoop house gate.

The fourth violation is for the licensee, its employees, agents, servants, or representatives failing to have a security alarm system able to detect unauthorized activity within any limited access area where mature marijuana plants, usable marijuana, cannabinoid concentrates, extracts, or products are in place.

The fifth violation is for the licensee, its employees, agents, or representatives failing to ensure that cameras were placed in a manner that captures clear and certain images of any individual and activity occurring within 15 feet both inside and outside of all points of ingress and egress to and from the licensed premises in and around the greenhouse structure and the hoop house structure.

Licensee is Rogue Coast Growers, LLC.; John Weinert, Managing Member; Gold Beach Ventures, LLC, Member.

 

 

Vermont: Adult Use Marijuana Law Enacted

VERMONT: Legislation permitting adults to legally possess and grow set quantities of cannabis for their own personal use took effect on Sunday, July 1.

Vermont joins Alaska, California, Colorado, the District of Columbia, Maine, Massachusetts, Nevada, Oregon, and Washington in legalizing the adult possession and use of marijuana. It is the first state to enact legalization via an act of the legislature rather than by the passage of a voter initiative.

The new law, which Republican Gov. Phil Scott signed in January, legalizes the possession of up to one ounce of cannabis, as well as the private cultivation of six marijuana plants (two mature and up to four immature). Those who cultivate marijuana for their own personal use may possess at home the total quantity of their harvest. The measure also imposes new civil penalties with regard to the consumption of cannabis while driving, and imposes additional penalties for those who operate a motor vehicle impaired with a minor in the vehicle.

summary of the law is available online.


For more information, contact Justin Strekal, NORML Political Director, at (202) 483-5500.

California Licensing Authorities Propose Readoption Of Emergency Cannabis Regulations

CALIFORNIA: The Bureau of Cannabis Control, California Department of Public Health and California Department of Food and Agriculture have proposed to readopt their emergency regulations that are currently in effect, extending the time those regulations are in effect for another 180-day period.

The three licensing authorities are proposing some changes to the regulatory provisions to provide greater clarity to licensees and to address issues that have arisen since the emergency regulations went into effect. Highlighted among the proposed changes is that applicants may now complete one license application and obtain one license to conduct medicinal and adult-use cannabis activity.

Additionally, licensees may continue to engage in commercial cannabis activities with other licensees regardless of designation as this provision is no longer limited by time. “These proposed changes to our emergency regulations are based on feedback from our stakeholders, and information gathered over the first four months of implementation,” said Bureau of Cannabis Control Chief Lori Ajax.

BCC logoBureau of Cannabis Control: 

https://bcc.ca.gov/law_regs/emergency_regs_proptext.pdf

https://bcc.ca.gov/law_regs/emergency_regs_factsheet.pdf

California Department of Food and Agriculture: 

 https://bcc.ca.gov/law_regs/emergency_regs_proptext_cdfa.pdf

https://cannabis.ca.gov/wp-content/uploads/sites/13/2018/05/CA-Department-of-Food-and-Agriculture

Readoption-of-Emergency-Regulations-Fact-Sheet.pdf

California Department of Public Health: 

 https://bcc.ca.gov/law_regs/emergency_regs_proptext_cdph.pdf

https://cannabis.ca.gov/wp-content/uploads/sites/13/2018/05/CA-Department-of-Public-Health

Readoption-of-Emergency-Regulations-Fact-Sheet.pdf

 

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