WSLCB Adopts Emergency Rules Following Flavored Vapor Ban

WSLCB

The Washington State Liquor and Cannabis Board (Board) today adopted emergency rules consistent with the directives of Executive Order 19-03, dated September 27, 2019. On October 10, 2019, the Washington State Board of Health followed by issuing emergency rules that prohibited the sale of flavored vapor products by persons licensed under chapter 69.50 or 70.345 RCW.

To carry out the directive established by EO 19-03 and State Board of Health emergency rules, today’s emergency rules require two actions by licensees.

  1. Marijuana licensees must disclose all compounds, including but not limited to ingredients, solvents, additives, preservatives, thickening agents, terpenes and other substances used to produce or added to marijuana concentrates for inhalation or marijuana-infused extracts for inhalation at any point during production and processing, regardless of source and origin.

Because the outbreak of lung disease is occurring now and growing, the immediate adoption of rule requiring disclosure of compounds and other substances added to marijuana concentrates for inhalation or marijuana-infused extracts for inhalation is necessary for the preservation of public health, safety and general welfare by assisting public health officials in isolating the compounds and products that may be connected to the recent outbreak of lung disease.

This disclosure form can be found here. Please follow the instructions within the document and submit to mjdisclosureform@lcb.wa.gov.

  1. Executive Order 19-03 orders and directs the Board to provide consumer warnings by requiring that warning signs regarding the posting of warning signs regarding the health risks of vaping at retailers where vapor products containing THC are sold. The Board worked with the industry representatives and marijuana licensees to develop these warning signs.

This emergency rule requires licensed marijuana retailers to conspicuously post a warning sign provided by the Board regarding the health risks of vapor products where vapor products, as defined by WAC 246-80-010(12), are sold. The sign may be downloaded from the Liquor and Cannabis Board website here.

Note: please note that this sign is different than the sign provided earlier. Today’s Board action aligns all signs within the marijuana and vapor/tobacco marketplaces

This notice can be found at lcb.wa.gov/laws/laws-and-rules.

WSLCB Issues Ban On Sale Of Flavored Vapor Products

To:         Cannabis Licensees

Fr:          Liquor and Cannabis Board

Re:         Sale of Flavored Vapor Products is Prohibited –  Effective Oct. 10, 2019 

This message is to follow up today’s Washington State Board of Health meeting where the Board of Health took action on Gov. Inslee’s Executive Order 19-03: Addressing the Vaping Use Public Health Crisis. It instituted emergency rules that direct action on Oct. 10, 2019, by both cannabis licensees and vapor product licensees. The Board of Health’s rules are available here in draft form. The only changes made were to WAC 246-80-030 regarding reporting requirements of cases to the Health Department. This change is Health-specific and not does pertain to regulated cannabis businesses.

 

Background

As you know, the Centers for Disease Control and Prevention (CDC), U.S. Food and Drug Administration (FDA), state and local health departments, and other clinical and public health partners are investigating a multistate outbreak of vape-associated lung injury associated with the use of both regulated and illicit vapor products. This investigation is ongoing and has not identified a single cause, but all reported cases have a history of using vapor products. Most patients with severe lung disease have reported a history of using vapor products containing THC. Some have reported the use of vapor products containing only nicotine.

Executive Order

On Sept. 27, 2019, Gov. Inslee issued Executive Order 19-03. This order directs the Liquor and Cannabis (LCB) and the Department of Health (Health) to immediately take certain actions to protect public health.

Those actions are reflected below as numbers 1 and 3. In addition, the agencies are directed to work together to draft legislative proposals to bring tighter regulation to the non-cannabis vapor industry.

Four actions have come forward that licensees and the LCB can do now while public health officials conduct their investigation:

  1. Signage. Prominently post this warning sign in retail locations. This required sign is co-branded with the Washington State Department of Health. A Spanish version, also available, may be posted as an additional sign.
  2. Clarify rule regarding additives on packaging and labeling. There is some confusion among industry members that certain additives, like terpenes, imported CBD, and other cannabinoids do not need to be disclosed on packaging. Current rules require all product components on packaging (WAC 314-55-105).
  3. Disclose to LCB all compounds (including ingredients, solvents, additives, etc.) used in the production and processing of products that are vaped and vaping devices themselves. Public health officials have requested assistance in gathering additional information about ingredients in vapor products.
  4.  Cooperate with the ongoing epidemiological investigation. Local, state and federal health agencies are looking into which products have been involved with Washington cases of disease. We ask for your cooperation if you are contacted by someone from a state or federal epidemiology team and/or a representative from your local health jurisdiction.

Action Directed Today

The sale of flavored vapor products by cannabis licensees is prohibited – effective Oct. 10, 2019. The definition of flavored vapor products is available in the Board of Health’s posted draft rules (linked above).

  1. The LCB directs processors to immediately cease sales of flavored vapor products.
  2. The LCB directs retailers to immediately cease sales of flavored vapor products.

The LCB is consulting with affected state agencies and will follow up soon with options for returning or destroying product.

Thank You for Cooperation

We appreciate the cooperation and collaboration demonstrated by members of in the cannabis industry on this important public health crisis.

Additional Information

For more information on this topic, please visit:

Guest Blog: 8 Unusual Flavors of E-Liquid You Have to Try

By Katie Johnson

If you have been vaping for a while, then chances are you have been wanting to experiment with new and unusual vape juices.  Many beginner vape users often stick to tobacco or menthol flavors then eventually wander into sweet/fruity/unique flavors while they experiment.  If you are up for some adventure, then give these eight unusual flavors of e-liquid a try. You won’t be disappointed!

Bacon E-Liquid

Bacon e-liquid is a novelty flavour that you must try, especially if you are already a bacon-lover. This is a very popular e-liquid on the vaping market has a strong scent, and it is flavoured just like maple and brown sugar bacon. For most people, this is a vape flavour to keep on hand for occasional use instead of an all-day vape flavour, as it may get too much after a while.

Cucumber E-Liquid

The cucumber e-liquid is an extremely refreshing and satisfying flavour that will make your taste buds very happy. This flavour works as both a novelty flavour as well as an all-day vape. Cucumber e-liquid is a must-try flavour during the hot, sticky summer weather. Cucumber e-liquid can be mixed with many other flavours such as watermelon, strawberry, and peach. It also tastes quite delicious all by itself.

Roast Beef E-Liquid

Roast Beef e-liquid is another must-try novelty flavour. It tastes exactly like roast beef, so it usually is not used as an all-day vape, and it does not mix well with most other e-liquid flavours. This is a perfect e-liquid to keep on hand to vape with your friends every once in a while.

Clove E-Liquid

This e-liquid tastes exactly like clove. Clove is a strong e-liquid flavour and it is extremely reminiscent of those old clove cigarettes. Clove e-liquid pairs quite well with other e-liquid flavours such as apples, pears, vanilla, and cinnamon. Clove e-liquid is perfect for the cold holiday season. You can have all of the wonderful clove flavour without any of the tar or ash associated with traditional clove cigarettes.

Candy Corn E-Liquid

Just in time for the Fall Season, the Candy Corn e-liquid is an amazing novelty vape juice that tastes exactly like the classic candy corn! Candy Corn e-liquid is an unusual yet delicious blend that has strong butterscotch undertones. This is a great vape juice to keep in stock for occasional vaping with friends and this flavour is not usually considered an all-day vape flavour. Although some individuals with a sweet tooth might really enjoy vaping candy corn all day long.

Boba’s Bounty E-Liquid

Boba’s Bounty e-liquid is a secret blend of flavour. The ingredients are not listed, but most people that love Boba’s Bounty e-liquid state that the flavour reminds them of sweet treats such as brownies or chocolate cake. Most people are undecided as to whether or not Boba’s Bounty can be used as an all-day vape or if it is better as a novelty vape liquid. Either way, it is an extraordinary e-liquid that you must try if you are looking for some adventure.

Swedish Fish E-Liquid

Depending on your supplier, Swedish Fish e-liquid is usually made fresh when you order it. Most suppliers offer different blends and strengths of this particular vape juice. Swedish Fish e-liquid is a must-try vape juice and it is often used as an all day e-liquid.  It is an unusual flavour for vaping but many people really enjoy this flavour over countless others. Swedish Fish e-liquid really does taste exactly like Swedish fish!

Smurf Piss E-Liquid

Smurf Piss e-liquid has a clever name as well as an extraordinary taste. This is a fruity all day vape that taste like blue raspberry mixed with other berry flavours. Smurf Piss also has some amazing pineapple flavour undertones that combine perfectly with the blue raspberry flavour. If you have never tried Smurf Piss vape juice, then you are really missing out. You can use this vape juice all day or just occasionally with your friends.

Hopefully some of these unusual flavours may offer you something fun and alternative to what you usually opt for. Whether you want to try something as a one off, experiment with fellow vapers or switch to a new all-day e-liquid, test something listed above and see what you think!