Governor Phil Scott Announces Appointments To Vermont Cannabis Control Board

VERMONT: Governor Phil Scott announced today that he has appointed James Pepper of Montpelier, Julie Hulburd of Colchester and Kyle Harris of Montpelier to the Cannabis Control Board (CCB).

“The Board will play a critical role in ensuring public safety, equity and fairness while implementing this new market,” said Governor Phil Scott. “James, Julie and Kyle bring diverse and relevant experience to the CCB and I’m confident they will hit the ground running when they get to work in the coming days.”

Stopthedrugwar.orgThe CCB was created by Act 164 of 2020 for the purpose of safely, equitably and effectively implementing and administering the laws and rules regulating adult-use cannabis in Vermont. It is responsible for establishing, administering and regulating a cannabis regulatory system for commercial cannabis cultivators, wholesalers, product manufacturers, retailers and testing laboratories.

The CCB will also take over responsibility for the regulation of medical cannabis dispensaries and the administration of the medical cannabis registry, currently administered by the Vermont Department of Public Safety.

About the appointees:

James Pepper, Chair

James Pepper currently serves as a deputy state’s attorney for the Department of State’s Attorneys and Sheriffs. In this role, Pepper has worked on several criminal justice reform initiatives, including bail reform, expungement eligibility, Justice Reinvestment, use of force standards for law enforcement officers, and the expansion of juvenile jurisdiction.

Pepper also serves on the Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel, the CHINS Reform Advisory Panel, the Juvenile Justice Advisory Panel, the Act 148 Working Group, and the Sentencing Commission. Prior to joining the Department, Pepper worked for former Governor Peter Shumlin as director of intergovernmental affairs and senior policy advisor, where he worked on relevant cannabis issues.

Pepper received his bachelor’s degree in political science from Johns Hopkins University and his J.D. from Vermont Law School. He and his wife Aly live in Montpelier with their identical twin boys, Beau and Wesley.

Julie Hulburd

Julie Hulburd currently serves as the human resources director at the Vermont Student Assistance Corporation and has over twenty years of Human Resources experience, including 12 years in municipal government. In her last municipal government role, Julie worked closely with leadership on the city’s diversity, equity, and inclusion goals.

Hulburd was appointed to the State Ethics Commission in 2018 and has served as its chair since 2019. She has also served as a member of her local parks and recreation advisory board, a justice of the peace and on the select board.

Hulburd has a bachelor’s degree from Northern Vermont University-Johnson. She also holds a Professional in Human Resources Certification from the Human Resources Certification Institute and is a Certified Professional with the Society for Human Resources Management. She regularly volunteers for the Vermont Brain Injury Association’s Walk for Thought, at the local Night to Shine event and the Miss Vermont Scholarship Organization.

Kyle Harris

Kyle Harris has served as an agriculture development specialist at the Vermont Agency of Agriculture, Food & Markets (VAAFM) since 2019. In this role, he has focused on emerging issues and economic development. His work has focused on dairy innovation, maple initiatives and hemp business development. He has worked closely with the Agency of Commerce and Community Development as a liaison between agencies to facilitate policy and economic discussion throughout Vermont’s agriculture portfolio. Most recently, he aided in development of Vermont’s Agriculture and Food System Strategic Plan 2021-2030.

Previous to his role with VAAFM, Harris served as the associate counsel for environmental affairs at the Corn Refiners Association in Washington, DC, where his work focused on improving the environmental footprint at both ends of the supply chain, from grower relations to growth in plant-based products and 21st century uses for agricultural feedstocks

Harris has a bachelor’s degree in history from the College of Charleston, and a J.D. & Master of Environmental Law & Policy from Vermont Law School. He has a license to practice law in Maryland. He lives in Montpelier with his wife Cate.

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.

Rep. Dave Joyce Objects To Marijuana-Related Firings at the White House

DISTRICT OF COLUMBIA:  Congressional Cannabis Caucus co-chair Dave Joyce responded to last week’s reports that President Joe Biden fired five White House staffers over past marijuana use with a letter that urges Biden to reconsider his stance on employing people who’ve used marijuana.

The Bainbridge Township Republican’s letter observes that numerous states and territories have enacted “sensible cannabis reforms and legalization measures which have overturned decades-long policies that are both arcane and discriminatory,” and that “when used correctly and responsibly, cannabis has many proven health benefits, including the treatment of PTSD and serving as an opioid alternative to pain management.

“As our nation continues to grapple with an increased rate of PTSD amongst our veteran communities and a growing opioid crisis that has caused thousands of fatal overdoses amid the COVID-19 pandemic, we should be encouraging these therapies, not finding ways to further stigmatize and disenfranchise them,” Joyce’s letter continued.

Joyce’s letter said he’s also concerned about the message the federal government is sending by penalizing people who have been truthful about cannabis consumption, saying that “in a nation where the truth is considered malleable, we need to demonstrate to our young public servants that telling the truth is an honorable trait, not one to be punished.

“I respectfully request that your administration discontinue punishment of staff for being honest about their prior cannabis use and reinstate otherwise qualified individuals to their posts,” Joyce’s letter continued. “Moving forward, I encourage your administration to focus its efforts within cannabis on establishing an effective federal regulatory framework which recognizes that continued cannabis prohibition is neither tenable nor the will of the American electorate. I stand ready and willing to work with you in this regard.”

Joyce also joined a bipartisan group of more than 100 colleagues in reintroducing a bill that would let marijuana-related businesses in states with some form of legalized marijuana and strict regulatory structures to access the banking system. Legal marijuana businesses must currently operate on a cash basis because current laws keep them from accessing the banking system, increasing robbery risks. Republicans Bob Gibbs of Holmes County, Steve Stivers of Columbus and Warren Davidson of Miami County cosponsored the bill.

When questioned about the firings on Wednesday, White House Press Secretary Jen Psaki noted that marijuana remains federally illegal despite its legal status in some states. She said rules against marijuana use were “far more stringent” during the administration of former President Barack Obama. She said a number of the five individuals who are no longer employed at the White House had additional “security issues.”

“I think if marijuana was federally legal, that might be a different circumstance,” said Psaki.

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.

NEW YORK: Governor Cuomo Signs Legislation Legalizing Adult-Use Cannabis

Legislation (S.854-A/A.1248-A) Establishes the Office of Cannabis Management; Expands New York’s Existing Medical Marijuana Program; Establishes a Licensing System; and Creates a Social and Economic Equity Program Encouraging Individuals Disproportionately Impacted by Cannabis Enforcement to Participate in Industry

Tax Collection Projected to Reach $350 Million Annually and Potentially Create 30,000 to 60,000 Jobs

NEW YORK:  Governor Andrew M. Cuomo today signed legislation (S.854-A/A.1248-A) legalizing adult-use cannabis, fulfilling a key component of his 2021 State of the State agenda. The bill signing comes after the Governor, Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie announced this past Sunday, March 28, that an agreement had been reached on the legislation. The bill establishes the Office of Cannabis Management to implement a comprehensive regulatory framework that covers medical, adult-use and cannabinoid hemp. The bill also expands New York State’s existing medical marijuana and cannabinoid hemp programs. The legislation provides licensing for marijuana producers, distributors, retailers, and other actors in the cannabis market, and creates a social and economic equity program to assist individuals disproportionately impacted by cannabis enforcement that want to participate in the industry.

The development of an adult-use cannabis industry in New York State under this legislation has the potential to create significant economic opportunities for New Yorkers and the State. Tax collections from the adult-use cannabis program are projected to reach $350 million annually. Additionally, there is the potential for this new industry to create 30,000 to 60,000 new jobs across the State.

“This is a historic day in New York – one that rights the wrongs of the past by putting an end to harsh prison sentences, embraces an industry that will grow the Empire State’s economy, and prioritizes marginalized communities so those that have suffered the most will be the first to reap the benefits.” Governor Cuomo said. “This was one of my top priorities in this year’s State of the State agenda and I’m proud these comprehensive reforms address and balance the social equity, safety and economic impacts of legal adult-use cannabis. I thank both the Leader and the Speaker, and the tireless advocacy of so many for helping make today’s historic day possible.”

“Today, New York stepped up and took transformative action to end the prohibition of adult-use marijuana,” said Senate Majority Leader Andrea Stewart-Cousins. “This legislation is a momentous first step in addressing the racial disparities caused by the war on drugs that has plagued our state for too long. This effort was years in the making and we have finally achieved what many thought was impossible, a bill that legalizes marijuana while standing up for social equity, enhancing education and protecting public safety. I applaud Senator Liz Krueger and Assembly Majority Leader Crystal Peoples-Stokes for their commitment and leadership on this issue.”

“Passage of this bill will mean not just legalizing marijuana, but also investing in education and our communities, and it brings to an end decades of disproportionately targeting people of color under state and federal drug laws,” said Assembly Speaker Carl Heastie. “I thank Majority Leader Crystal Peoples-Stokes for her years of advocacy and efforts to make this bill a reality. My colleagues and I knew it was important to do this the right way – in a way that would include those targeted and frequently excluded from the process. Now, this legal industry will create jobs across our state, including for those who have had their lives upended by years of unjust drug laws.”

“I’m extremely humbled, proud and honored to have passed the historic Marijuana Regulation and Taxation Act with my partners in government Senator Liz Krueger and Governor Cuomo. This social justice initiative will provide equity to positively transform disenfranchised communities of color for the better,” said Assembly Majority Leader Crystal Peoples-Stokes. “I believe this bill can serve as a blue print for future states seeking inclusive cannabis legalization. I would be remiss not to thank all of my family, colleagues, advocates and supporters over 8 long years.”

The Governor has included legalizing adult-use cannabis in his last three budget proposals.

The New York State Cannabis/Marijuana Regulation & Taxation Act contains the following provisions:

Establish the Office of Cannabis Management
The Office of Cannabis Management will be charged with enforcing a comprehensive regulatory framework governing medical, adult-use cannabinoid hemp. It will be governed by a five-member board, with three members appointed by the Governor and one appointment by each house. OCM will be an independent office operating as part of the New York State Liquor Authority.

Medical Cannabis
The legislation will allow people with a larger list of medical conditions to access medical marijuana, increase the number of caregivers allowed per patient, and permit home cultivation of medical cannabis for patients.

Adult-Use Cannabis
The legislation will create a two-tier licensing structure that will allow for a large range of producers by separating those growers and processors from also owning retail stores. The legislation creates licenses for producers and distributors, among other entities, and the legislation will implement strict quality control, public health and consumer protections. A social and economic equity program will facilitate individuals disproportionally impacted by cannabis enforcement, including creating a goal of 50% of licenses to go to a minority or woman owned business enterprise, or distressed farmers or service-disabled veterans to encourage participation in the industry.

The Bill implements a new cannabis tax structure that will replace a weight-based tax with a tax per mg of THC at the distributor level with different rates depending on final product type. The wholesale excise tax will be moved to the retail level with a 9 percent state excise tax. The local excise tax rate will be 4 percent of the retail price. Counties will receive 25% of the local retail tax revenue and 75 percent will go to the municipality.

Cannabinoid Hemp
The legislation permits the sale of hemp flower in the cannabinoid hemp program, and allows for smokeable forms only when adult use retail stores are operational.

Adult-Use Cannabis Tax Revenue
All cannabis taxes will be deposited in the New York state cannabis revenue fund. Revenue covers reasonable costs to administer the program and implement the law. The remaining funding will be split three ways:

  • 40 Percent to Education
  • 40 Percent to Community Grants Reinvestment Fund
  • 20 Percent to Drug Treatment and Public Education Fund

Municipal Opt-Out
Cities, towns, and villages may opt-out of allowing adult-use cannabis retail dispensaries or on-site consumption licenses by passing a local law by December 31, 2021 or nine months after the effective date of the legislation. They cannot opt-out of adult-use legalization.

Traffic Safety
The New York State Department of Health will work with institutions of higher education to conduct a controlled research study designed to evaluate methodologies and technologies for the detection of cannabis-impaired driving. After completion of the research study, DOH may create and implement rules and regulations to approve and certify a test for the presence of cannabis in drivers.

The legislation includes additional funding for drug recognition experts and law enforcement to ensure safe roadways.

The use of cannabis by drivers will remain prohibited and will carry the same penalties as it does currently.

Personal Possession and Home Cultivation
The following conditions apply to growing cannabis at home and personal possession of cannabis outside the home:

  • Personal possession outside of the home: up to 3 ounces cannabis and 24 grams of cannabis concentrate
  • Home possession: amends limits of what is permitted in the home, which must be kept in a secure location away from children
  • Home grow: permitted under the bill subject to possession limits in 18 months after first adult-use sales begin for adult recreational use and subject to regulations of the Medical Program being promulgated no sooner than 6 months:
    • 3 mature plants and 3 immature plants for adults over 21
      • 6 mature plants and 6 immature plants maximum per household

Criminal Justice and Record Expungement
The cannabis penalty framework will be restructured to avoid the criminalization seen in prohibition. Reduced penalties will be implemented for possession and sale.

  • Creates automatic expungement or resentencing for anyone with a previous marijuana conviction that would now be legal under the law and provides necessary funding
  • Adds cannabis to the clean indoor air act which establishes a baseline on where cannabis can be smoked or vaped
  • Municipalities and local governments are permitted to make laws that are more restrictive than the CIAA. Contains various provisions to ensure that cannabis is treated as a lawful substance and to prevent discriminatory enforcement

Protections for the Use of Cannabis and Workplace Safety
Unlawful discrimination will be prohibited and workplace safety protections will be implemented.

Public Health and Education Campaign
OCM will establish a robust public health and education campaign and work with neighboring states and associations to coordinate actions and policies to protect regional health and safety.

This legislation builds on years of work to understand and decriminalize cannabis for adult use. In 2018, the Department of Health, under Governor Cuomo’s direction, conducted a multi-agency study, which concluded that the positive impacts of legalizing adult-use cannabis far outweighed the negatives. It also found that decades of cannabis prohibition have failed to achieve public health and safety goals and have led to unjust arrests and convictions particularly in communities of color.

In 2019, Governor Cuomo signed legislation to decriminalize the penalties for unlawful possession of marijuana. The legislation also put forth a process to expunge records for certain marijuana convictions. Later that year, the Governor spearheaded a multi-state summit to discuss paths towards legalization of adult-use cannabis that would ensure public health and safety and coordinate programs regionally to minimize the cross-border movement of cannabis products.

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

Canadian Border Security Agency Sets New Penalties For Crossing The Border With Cannabis

CANADA:  On October 17, 2018, the Cannabis Act came into force, introducing a strict framework for controlling cannabis within Canada. While cannabis was legalized, it does remain illegal to carry cannabis across the border without a valid permit or exemption. As part of Canada’s legalization plan, the Canada Border Services Agency (CBSA) at the time committed to establishing a monetary penalty system for cannabis infractions at the border. The CBSA previously provided public notice of this intention in its 2019-2020 departmental plan.

For this reason, and as part of the enforcement measures supporting the Cannabis Act, effective March 29, 2021 at 12 a.m. EDT, the Canada Border Services Agency (CBSA) will begin issuing monetary penalties to travellers who fail to properly declare cannabis and cannabis products when crossing the border. This is another tool, besides criminal prosecution, to crack down on the unauthorized cross-border movement of cannabis in any form.

The CBSA’s Administrative Monetary Penalty regime sets out monetary penalties for cannabis-related contraventions of the Customs Act. The penalties will apply to travellers who:

  • provide information to an officer that is not true, accurate, and complete; or
  • fail to report imported goods containing cannabis.

A border services officer will detain the undeclared cannabis or cannabis products with no terms of release and serve the traveller with a written Notice of Penalty Assessment that states the contravention and a penalty ranging from $200 to $2,000. The amount of the penalty will be based on:

  • type of contravention (undeclared cannabis, inaccurate information);
  • severity (undeclared cannabis is concealed, quantity of undeclared cannabis); and,
  • history of non-compliance (having a penalty issued in the past and/or a past seizure record).

Depending on the seriousness and nature of the offence, the CBSA may pursue criminal prosecution in addition to the monetary penalty. If convicted, travellers may face imprisonment, a court fine, or both.

Quick facts

  • Under the Cannabis Act, it remains illegal to import into Canada, or export from Canada, cannabis and cannabis products (including CBD products derived from cannabis or hemp) without a valid permit or exemption issued by the Government of Canada.
  • The Government of Canada is working to reduce the burden on the criminal justice system resulting from cannabis-related offences, while still deterring illegal activities.
  • Travellers who disagree with the monetary penalty will have 90 days to request a ministerial review of the officer’s decision.
  • The CBSA also reminds Canadians that although the possession of cannabis is legal in some U.S. states, it remains illegal under U.S. federal laws. Do not attempt to cross the Canada-U.S. border with any amount of cannabis in any form, even if you are travelling to a U.S. state that has legalized possession of cannabis.

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.

Merkley, Daines Lead Senate Introduction Of Bipartisan Legislation To Ensure That Legal Cannabis Businesses Aren’t Shut Out Of Critical Financial Services

DISTRICT OF COLUMBIA: Oregon’s U.S. Senator Jeff Merkley and U.S. Senator Steve Daines (R-MT) today introduced the bipartisan Secure and Fair Enforcement (SAFE) Banking Act, which would ensure that legal cannabis businesses have access to critical banking services.

Most state legal medicinal or recreational cannabis businesses are denied access to the banking system because banks fear they may be prosecuted under federal law given the ongoing federal restrictions on cannabis. The lack of access to bank accounts, credit cards, and checks have forced state legal cannabis businesses to operate in cash, opening the door to tax evasion and to a dangerous pattern of robberies, including one that resulted in the murder of a store clerk in Portland.

Giving state legal cannabis businesses access to banking services would not only improve community safety, but also make it easier for Americans of color—who have long been disproportionately impacted by America’s racist ‘War on Drugs’ policies and generations of asset-stripping policies and practices—to access the capital necessary to participate in the merging cannabis industry.

“No one working in a store or behind a register should have to worry about experiencing a traumatic robbery at any moment,” said Merkley. “That means we can’t keep forcing legal cannabis businesses to operate entirely in cash—a nonsensical rule that is an open invitation to robbery and money laundering. Let’s make 2021 the year that we get this bill signed into law so we can ensure that all legal cannabis businesses have access to the financial services they need to help keep their employees safe.”

“Montana businesses shouldn’t have to operate in all cash—they should have a safe way to conduct business,”Daines said.“My bipartisan bill will provide needed certainty for legal Montana cannabis businesses and give them the ability to freely use banks, credit unions and other financial institutions without the fear of punishment. This in turn will help increase public safety, reduce crime, support Montana small businesses, create jobs and boost local economies. A win-win for all.”

To address the safety concerns resulting from these state legal businesses being shut out of banking services, the SAFE Banking Act would prevent federal banking regulators from:

  • Prohibiting, penalizing or discouraging a bank from providing financial services to a legitimate state-sanctioned and regulated cannabis business, or an associated business (such as an lawyer or landlord providing services to a legal cannabis business);
  • Terminating or limiting a bank’s federal deposit insurance solely because the bank is providing services to a state-sanctioned cannabis business or associated business;
  • Recommending or incentivizing a bank to halt or downgrade providing any kind of banking services to these businesses; or
  • Taking any action on a loan to an owner or operator of a cannabis-related business.

The bill also creates a safe harbor from criminal prosecution and liability and asset forfeiture for banks and their officers and employees who provide financial services to legitimate, state-sanctioned cannabis businesses, while maintaining banks’ right to choose not to offer those services. The bill also provides protections for hemp and hemp-derived CBD related businesses.

The bill would require banks to comply with current Financial Crimes Enforcement Network (FinCEN) guidance, while at the same time allowing FinCEN guidance to be streamlined over time as states and the federal government adapt to legalized medicinal and recreational cannabis policies.

Momentum around the SAFE Banking Act reached new heights in the 116th Congress, when the U.S. House of Representatives passed the legislation, and included it in the HEROES Act.

The legislation is cosponsored by U.S. Senators Kyrsten Sinema (D-AZ), Edward J. Markey (D-MA), Alex Padilla (D-CA), Patrick Leahy (D-VT), Richard Durbin (D-IL), Ron Wyden (D-OR), Mazie Hirono (D-HI), Tina Smith (D-MN), Angus King (I-ME), Catherine Cortez Masto (D-NV), Michael Bennet (D-CO), Robert Menendez (D-NJ), Jon Tester (D-MT), Jacky Rosen (D-NV), Kevin Cramer (R-ND), Dan Sullivan (R-AK), Kirsten Gillibrand (D-NY), Elizabeth Warren (D-MA), Chris Murphy (D-CT), Gary Peters (D-MI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Patty Murray (D-WA), Amy Klobuchar (D-MN), Rand Paul (R-KY), Bill Cassidy (R-LA), Cynthia Lummis (R-WY), and Lisa Murkowski (R-AK).

Last week, the legislation was introduced by Representatives Ed Perlmutter (D-CO-7), Nydia M. Velázquez (D-NY-07), Steve Stivers (R-OH-15), and Warren Davidson (R-OH-08) and over 100 of their colleagues in the U.S. House of Representatives.

Full text of the legislation is available here.

FDA Warns Companies Illegally Selling Over-the-Counter CBD Products For Pain Relief

Products Listing CBD as Inactive Ingredient Cited for Unapproved Drug and Misbranding Violations

DISTRICT OF COLUMBIA: The U.S. Food and Drug Administration has issued warning letters to two companies for selling products labeled as containing cannabidiol (CBD) in ways that violate the Federal Food, Drug, and Cosmetic Act (FD&C Act). Specifically, the warning letters address the illegal marketing of unapproved drugs labeled as containing CBD. The FDA has not approved any over-the-counter (OTC) drugs containing CBD, and none of these products meet the requirements to be legally marketed without an approved new drug application. The letters explain that, as CBD has known pharmacological effects on humans, with demonstrated risks, it cannot be legally marketed as an inactive ingredient in OTC drug products that are not reviewed and approved by the FDA. Additionally, the letters cite substandard manufacturing practices, including failure to comply with current good manufacturing practices.

“The FDA continues to alert the public to potential safety and efficacy concerns with unapproved CBD products sold online and in stores across the country,” said FDA Principal Deputy Commissioner Amy Abernethy, M.D., Ph.D. “It’s important that consumers understand that the FDA has only approved one drug containing CBD as an ingredient. These other, unapproved, CBD products may have dangerous health impacts and side effects. We remain focused on exploring potential pathways for CBD products to be lawfully marketed while also educating the public about these outstanding questions of CBD’s safety. Meanwhile, we will continue to monitor and take action, as needed, against companies that unlawfully market their products — prioritizing those that pose a risk to public health.”

The FDA issued warning letters to:

The products that are the subject of the warning letters issued today have not gone through the FDA drug approval process and are considered unapproved new drugs. There has been no FDA evaluation of whether these unapproved drug products are effective for the uses manufacturers claim, what an appropriate dose might be, how they could interact with FDA-approved drugs or other products or whether they have dangerous side effects or other safety concerns.

The FDA has previously sent warning letters to other companies illegally selling unapproved CBD products that claimed to prevent, diagnose, mitigate, treat or cure various diseases, in violation of the FD&C Act.

Under the FD&C Act, any product intended to diagnose, cure, mitigate, treat or prevent a disease, and any product (other than a food) that is intended to affect the structure or function of the body of humans, is a drug. OTC drugs must be approved by the FDA or meet the requirements for marketing without an approved new drug application under federal law, including drug products containing CBD, regardless of whether CBD is represented on the labeling as an active ingredient or an inactive ingredient.

The FDA has not approved any CBD-containing drug products other than one prescription drug for the treatment of seizures associated with tuberous sclerosis complex, Lennox-Gastaut syndrome and Dravet syndrome in human patients.

The FDA has requested written responses from these companies within 15 working days stating how they will address these violations or providing their reasoning and supporting information as to why they believe these products are not in violation of the law. Failure to adequately address the violations promptly may result in legal action, including product seizure and/or injunction.

The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.