Washington: WSLCB Notice Of Proposed Rules

October 28, 2020

Notice of Proposed Rules – WSR #20-22-042

The Washington State Liquor and Cannabis Board invites your input on proposed rules regarding marijuana license qualification and application process rules described in chapter 314-55 WAC.

This notice and other relevant rulemaking materials may be viewed at lcb.wa.gov/laws/laws-and-rules under Proposed Rules.

The Liquor and Cannabis Board encourages your participation in the rule making process by giving input on this rule. The board will hold at least one public hearing before the rules are adopted.

Public Comment

Please forward your initial comments to the Liquor and Cannabis Board by mail, e-mail, or fax by December 9, 2020.

By mail:   Rules Coordinator                       By e-mail:                 By fax:
                 Liquor and Cannabis Board      rules@lcb.wa.gov    360-664-9689
P.O. Box 43080
Olympia, WA  98504-3080

Public Hearing: December 9, 2020, 10:00 a.m.

In response to the coronavirus disease 2019 (COVID-19) public health emergency, the Board will not provide a physical location for this hearing to promote social distancing and the safety of the citizens of Washington state. A virtual public hearing, without a physical meeting space, will be held instead. Board members, presenters, and staff will all participate remotely. The public may login using a computer or device, or call-in using a phone, to listen to the meeting through the WebEx application. The public may provide verbal comments during the specified public comment and rules hearing segments.

For more information about board meetings, please visit https://lcb.wa.gov/boardmeetings/board_meetings

WSLCB Issues Emergency Suspension To Okanogan County Marijuana Producer

El Rey De La Kush suspended for alleged distribution of product out of state

WASHINGTON: Washington State Liquor and Cannabis Board (WSLCB) officers today issued an emergency suspension to Tier 1 producer El Rey de La Kush (license number 428922) located in Riverside, WA. The suspension, effective immediately, is for alleged diversion of product out of the state.

On September 16, 2020, the Wenatchee Police Department notified WSLCB officers of a case they were investigating involving 4.3 pounds of marijuana that had been shipped from a residence in Wenatchee via the United Parcel Service (UPS). A search warrant was served at the residence where approximately 620 pounds of marijuana was discovered. The marijuana had WSLCB traceability system tags associated with El Rey De La Kush.

The suspect in the case, Brandi Clardy, is directly affiliated with El Rey De La Kush and listed as “Other” on the license. The licensee for El Rey De La Kush, Juan Penaloza, died in July 2020. Clardy has been operating the business since his death.

In an interview with the Wenatchee Police Department, Clardy admitted to unlawfully removing marijuana from the licensed premises for the purposes of distributing marijuana out of state

Based on federal enforcement priorities, the WSLCB’s three highest priorities for regulating Washington’s licensed marijuana operation are:

  1. Preventing the criminal element from entering the system;
  2. Keeping marijuana out of the hands of minors; and
  3. Preventing diversion of product out of state.

Marijuana products from El Rey De la Kush were actively being diverted out of a legal licensed producer/processor, to Texas, where marijuana is illegal. The blatant disregard to follow the laws established by the state of Washington for a safe and regulated marijuana market warrant the emergency suspension pending cancellation of this license.

The license will remain suspended for a period of 180 days, during which the WSLCB will pursue permanent revocation.

Emergency suspensions represent an extraordinary exercise of the state’s power and the WSLCB is mandated to ensure that an emergency suspension is reasonable, justifiable and legal. This is only the second Board-issued emergency suspension of 2020.

WASHINGTON: Updated List Of Pesticides Allowed For Use In Marijuana Production

WSDA and WSLCB Release Updated List of Approved Cannabis Pesticides

LCB is sharing this message on behalf of WSDA:

Bulletin No 20-02

To:         Marijuana Producers, Processors, and Retailers

From:     WSLCB and WSDA

Subject: Updated List of Pesticides Allowed for Use in Marijuana 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 four new Section 25(b) pesticides to the list of allowable products for a total of ten new products. There were no products removed from the list.  The list currently contains 307 Section 3 pesticides and 90 Section 25(b) pesticides, for a total of 397 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.    Howler Lawn and Garden Organic Fungicide                  EPA No.  91197-3-92488

2.    Onward                                                                             EPA No.  90866-23-95775

3.    Promote                                                                            EPA No. 90866-23

4.    Spear LEP Biological Insecticide                                     EPA No. 88847-6

5.    Spear T Liquid Concentrate                                             EPA No. 88847-6

6.    Howler Fungicide                                                              EPA. No. 91197-3-92488

7.    Eco-1 40                                                                            WA No.  74578-19003

8.    Huma Gro Thyme Pro                                                      WA No.  999690-20001

9.    Mammoth Canncontrol                                                     WA No.  997320-20001

10.  Protection Plus Insecticide and Fungicide                       WA No.  994030-20001

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

WSLCB Virtual Listen and Learn Forum Session #2: Rules Regarding Marijuana Vapor Products

WASHINGTON:  The Washington State Liquor and Cannabis Board (WSLCB) is hosting two Listen and Learn forums to consider establishing new and amending existing sections of rule concerning marijuana definitions and marijuana vapor products. This is the second of two planned sessions. The full text of the draft conceptual rules are provided here.

For this session, we are discussing only draft conceptual rule sections 314-55-550 to implement House Bill 2826 pertaining to marijuana vapor products, and the Marijuana Vapor Product Disclosure Form. The Disclosure Form is provided here.

Please join us virtually on Tuesday, September 29, 2020, from 2:00 p.m. until 4:00 p.m. via WebEx.

**Attendees wishing to provide feedback are encouraged to participate early in the meeting, as the meeting may end early dependent on level of participation.**

Background
On March 25, 2020, HB 2826 passed the legislature in response to concerns related to marijuana vapor product and vapor related lung illnesses. The bill contained an emergency clause, and in its intent section, found that “recent reports of lung illnesses associated with vapor products” demanded “serious attention by the state in the interest of protecting public health and preventing youth access.

HB 2826 provides that the Board may adopt rules prohibiting any type of marijuana vapor product device, or prohibit the use of any type of additive, solvent, ingredient, or compound in the production and processing of marijuana products, including marijuana vapor products. However, before adopting either of these types of rules, the Board must have determined, following a consultation with the Department of Health (DOH), or any other authority the Board deems appropriate, the device, additive, solvent, ingredient, or compound may pose a risk to public health or youth access.

HB 2826 authorizes the Board to require marijuana processors to submit, under oath, to the Department of Health, a complete list of all constituent substances and the amount and sources of all constituent substances in each marijuana vapor product. HB 2826 also provides that Board may adopt rules prohibiting the use of a characterizing flavor in marijuana vapor products.

Rules are needed to implement the provisions of HB 2826, and to establish definitions for terms including, but not limited to “characterizing flavor,” botanical terpenes,” and others.

The Pre-proposal Statement of Inquiry filed by the Liquor and Cannabis Board may be found here.

Meeting Details
An agenda is attached. Please come prepared to offer feedback and suggestions regarding this rule section.

If you wish to participate virtually, we’d like to offer the following reminders:

  • Virtual participation will be structured to allow one speaker at a time through a hand-raising feature on WebEx.
  • If you experience difficulty with audio or visual elements of virtual participation, please be patient.

Please remember that we are still in the developmental phase of rulemaking, and there are not yet any proposed or final rules amendments. To help you prepare for this listen/learn/contribute forum, please review the guidance document prepared for this and future forums.

Questions? Contact Casey Schaufler at casey.schaufler@lcb.wa.gov

To join the WebEx meeting online:
https://watech.webex.com/watech/j.php?MTID=m208eaad1ec16f31cfccdf6970963e1cb


To join the WebEx meeting via audio conference only:
Dial: (415) 655-0001
Access Code: 372 115 47

WASHINGTON: Virtual Listen And Learn Forum Session #1: Rules Regarding Marijuana Definitions And Vapor Products

WASHINGTON:  The Washington State Liquor and Cannabis Board (WSLCB) is hosting two Listen and Learn forums to consider establishing new and amending existing sections of rule concerning marijuana definitions and marijuana vapor products. This is the first of two planned sessions. The full text of the draft conceptual rules are provided here.

For this session, we are discussing only draft conceptual rule sections 314-55-010(4) and (40) to implement House Bill 2826 pertaining to marijuana vapor products.

Please join us virtually on Tuesday, September 1, 2020, from 2:00 p.m. until 3:45 p.m. via WebEx.

Background
On March 25, 2020, HB 2826 passed the legislature in response to concerns related to marijuana vapor product and vapor related lung illnesses. The bill contained an emergency clause, and in its intent section, found that “recent reports of lung illnesses associated with vapor products” demanded “serious attention by the state in the interest of protecting public health and preventing youth access.

HB 2826 provides that the Board may adopt rules prohibiting any type of marijuana vapor product device, or prohibit the use of any type of additive, solvent, ingredient, or compound in the production and processing of marijuana products, including marijuana vapor products. However, before adopting either of these types of rules, the Board must have determined, following a consultation with the Department of Health (DOH), or any other authority the Board deems appropriate, the device, additive, solvent, ingredient, or compound may pose a risk to public health or youth access.

HB 2826 authorizes the Board to require marijuana processors to submit, under oath, to the Department of Health, a complete list of all constituent substances and the amount and sources of all constituent substances in each marijuana vapor product. HB 2826 also provides that Board may adopt rules prohibiting the use of a characterizing flavor in marijuana vapor products.

Rules are needed to implement the provisions of HB 2826, and to establish definitions for terms including, but not limited to “characterizing flavor,” botanical terpenes,” and others.

The Pre-proposal Statement of Inquiry filed by the Liquor and Cannabis Board may be found here.

Meeting Details
An agenda is attached. Please come prepared to offer feedback and suggestions regarding this rule section.

If you wish to participate virtually, we’d like to offer the following reminders:

  • Virtual participation will be structured to allow one speaker at a time through a hand-raising feature on WebEx.
  • If you experience difficulty with audio or visual elements of virtual participation, please be patient.

Please remember that we are still in the developmental phase of rulemaking, and there are not yet any proposed or final rules amendments. To help you prepare for this listen/learn/contribute forum, please review the guidance document prepared for this and future forums.

Questions? Contact Casey Schaufler at casey.schaufler@lcb.wa.gov

To join the WebEx meeting online:
https://watech.webex.com/watech/j.php?MTID=mee35a3ea86f3824ff52650252c672ee9

To join the WebEx meeting via audio conference only:

  • Toll Free: 1-855-929-3239
  • Toll: 415-655-0001
  • Access Code: 133 951 6990

WSLCB Invitation For Public Comment: Draft Conceptual Rules For Marijuana Business Premise Certificate of Compliance

WASHINGTON: The Washington State Liquor and Cannabis Board (WSLCB) is seeking public comment regarding draft conceptual rules. These draft conceptual rules are narrowly scoped to include a new rule subsection that provides a marijuana business premise certificate of compliance.  A draft, conceptual version of WAC 314-55-020 is linked here. The new subsection (6) is highlighted in blue.

Background
On July 8, 2020, the WSLCB filed a pre-proposal statement of inquiry (CR 101) to consider amending WAC 314-55-020 to establish a certificate of compliance for marijuana business premises consistent with the mandates of Substitute Senate Bill (SSB) 6206 (Chapter 154, Laws of 2020). The CR-101 filing and supporting documents are located here.

Specifically, SSB 6206 amended RCW 69.50.331 to create a certificate of compliance for marijuana business premises, and became effective June 11, 2020. The amendment requires the Board to issue a certificate of compliance for a marijuana business applicant’s premises, if the premises met the distance requirements from restricted entities (such as parks, schools, and playgrounds) at the time the application was filed. The certificate allows the licensee to operate the business at the proposed location notwithstanding a later occurring, otherwise disqualifying factor regarding restricted entities.

The WSLCB invites and encourages your comment on the draft conceptual rule language offered as WAC 314-55-020 (6). Your feedback will be reviewed and considered before a CR 102, or rule proposal, is presented to the Board for approval.

Public Comment
Please forward your comments to Casey Schaufler at casey.schaufler@lcb.wa.gov by September 4, 2020. The CR102 proposal is anticipated to be presented to the Board on or after September 30, 2020.

Virtual Listen and Learn Forum: Rules Regarding Tier 1 Producer Licensing, Session #2

WASHINGTON: The Washington State Liquor and Cannabis Board (WSLCB) is hosting two Listen and Learn forums about the current rules regarding marijuana producer licenses, specifically the consideration of revisions and new rule sections that would incrementally expand the plant canopy square footage allowed for licensed Tier 1 producers. This is the second of two planned sessions. Session #1 will cover WAC 314-55-075 Sections 1 through 5. Session #2 will focus on Sections 6 through 11.The full text of WAC 314-55-075 is provided here.

Please join us virtually on Tuesday, June 30, 2020, from 1:00 p.m. until 3:00 p.m. via WebEx in alignment with guidance and recommendations issued by the Governor’s office.

As you may recall, the Board began to consider revisions to existing producer license rules by initiating a formal rule inquiry on December 18, 2019. The Pre-proposal Statement of Inquiry filed by the Liquor and Cannabis Board may be found here.

The Board has received requests from medical marijuana patients and segments of the industry to increase the availability of Department of Health (DOH) compliant product in licensed retail stores. The Board has also learned that smaller producers are concerned about business sustainability based on canopy space restrictions. Recognizing this, the Board would like to explore the ways that it can support Tier 1 producer business viability. Revisions considered may also include clarifying and technical updates to existing rule within the scope of this topic.

An agenda is attached to help you prepare. Please come prepared to offer feedback and suggestions regarding this rule section.

If you wish to join us virtually, we’d like to offer the following reminders:

  • Virtual participation will be structured to allow one speaker at a time though the hand-raising feature on WebEx.
  • If you experience difficulty with audio or visual elements of virtual participation, please be patient.

Please remember that we are still in the developmental phase of rulemaking, and there are not yet any proposed or final rules amendments. To help you prepare for this listen/learn/contribute forum, please review the guidance document prepared for this and future forums.

Questions? Contact Casey Schaufler at casey.schaufler@lcb.wa.gov

To join the WebEx meeting online:

https://watech.webex.com/watech/onstage/g.php?MTID=e704a0de07d3b41806e1f7f59ba96195e

To join the WebEx meeting via audio conference only:

Toll Free: 1-855-929-3239
Access Code: 133 418 7301

Washington: WSLCB Virtual Listen and Learn Forum: Rules Regarding Tier 1 Producer Licensing, Session #1

WASHINGTON: The Washington State Liquor and Cannabis Board (WSLCB) is hosting two Listen and Learn forums about the current rules regarding marijuana producer licenses, specifically the consideration of revisions and new rule sections that would incrementally expand the plant canopy square footage allowed for licensed Tier 1 producers. This is the first of two planned sessions. Session #1 will cover WAC 314-55-075 Sections 1 through 5. Session #2 will focus on Sections 6 through 11. The full text of WAC 314-55-075 is provided here.

Please join us virtually on Tuesday, June 23, 2020, from 1:00 p.m. until 3:00 p.m. via WebEx in alignment with guidance and recommendations issued by the Governor’s office.

As you may recall, the Board began to consider revisions to existing producer license rules by initiating a formal rule inquiry on December 18, 2019. The Pre-proposal Statement of Inquiry filed by the Liquor and Cannabis Board may be found here.

The Board has received requests from medical marijuana patients and segments of the industry to increase the availability of Department of Health (DOH) compliant product in licensed retail stores. The Board has also learned that smaller producers are concerned about business sustainability based on canopy space restrictions. Recognizing this, the Board would like to explore the ways that it can support Tier 1 producer business viability. Revisions considered may also include clarifying and technical updates to existing rule within the scope of this topic.

An agenda is attached to help you prepare. Please come prepared to offer feedback and suggestions regarding this rule section.

If you wish to join us virtually, we’d like to offer the following reminders:

  • Virtual participation will be structured to allow one speaker at a time though the hand-raising feature on WebEx.
  • If you experience difficulty with audio or visual elements of virtual participation, please be patient.

Please remember that we are still in the developmental phase of rule-making, and there are not yet any proposed or final rules amendments. To help you prepare for this listen/learn/contribute forum, please review the guidance document prepared for this and future forums.

Questions? Contact Casey Schaufler at casey.schaufler@lcb.wa.gov

To join the WebEx meeting online:

https://watech.webex.com/watech/onstage/g.php?MTID=e1886460dce4a796b28a08402e1a194b6

To join the WebEx meeting via audio conference only:

Toll Free: 1-855-929-3239
Access Code: 133 082 7909

Washington: WLSCB Virtual Listen And Learn Forum: Draft Conceptual Rules Regarding Marijuana Licensee True Party Of Interest Rules

WASHINGTON: The Washington State Liquor and Cannabis Board (WSLCB) has rescheduled a Listen and Learn forum on draft conceptual rules regarding marijuana true party of interest regulations described in WAC 314-55-035 to accommodate concerns around the COVID-19 outbreak.

Please join us virtually on Wednesday, May 20, 2020, from 1:00 p.m. until 3:30 p.m. via WebEx in alignment with guidance and recommendations issued by the Governor’s office.

As you may recall, the Board began to consider revisions to existing marijuana true party of interest rules by initiating a formal rule inquiry under WSR 18-22-54 in October, 2018. Those efforts were extended by the passage of Engrossed Substitute House Bill (ESHB) 1794, concerning agreements between licensed marijuana businesses and other people and businesses, including royalty and licensing agreements relating to the use of intellectual property during the 2019 regular session of the Washington State legislature

During the summer, and into the fall and winter of 2019, WSLCB held multiple meetings with industry association representatives, licensees, and others to draft the conceptual rules we’ll be discussing during this Listen and Learn session. These conceptual draft rules reflect an engaged and inclusive developmental process that embodies not only WSLCB’s commitment to regulatory stability and consistency, but to listening to and learning from the input of licensees. They also represent a significant agency policy shift in the removal of the spousal vetting requirement.

An agenda is attached to help you prepare. Please come prepared to offer feedback and suggestions regarding this new rule section and the draft conceptual rules.

If you wish to join us virtually, we’d like to offer the following reminders:

  • Virtual participation will be structured to allow one speaker at a time though a hand-raising feature on WebEx.
  • If you experience difficulty with audio or visual elements of virtual participation, please be patient.

Please remember that we are still in the developmental phase of rulemaking, and these are not proposed or final rules. To help you prepare for this listen/learn/contribute forum, please review the guidance document prepared for this and future forums.

Questions? Contact Kathy Hoffman at katherine.hoffman@lcb.wa.gov

To join the WebEx Event:

Event address for attendees: https://watech.webex.com/watech/onstage/g.php?MTID=e13ac4927e2202ebbb097b00732f4e5b0

To attend by phone: (TOLL) +1-415-655-0001 or (TOLL FREE)+1-855-929-3239

Access code: 285 815 516

Washington Liquor and Cannabis Board Issues Emergency License Suspension For Smoking Exodus in Port Orchard

WASHINGTON: The Washington State Liquor and Cannabis Board (WSLCB) Friday issued an emergency suspension for Smoking Exodus, a vapor product retailer, after an investigation found multiple violations of their state licenses and violations of state and federal drug laws. The suspension is for the licensee listed below:

Smoking Exodus:1382 SE Lund Avenue, Suite 150, Port Orchard, WA 98366

The suspension covers the licensee’s Cigarette, Tobacco, and Vapor Product Retailer license, and comes after an investigation by the WSLCB including multiple complaints and onsite visits. The violations included manufacturing vapor products without the required license, having alcohol on the premises, living in the premises, and the presence of drug paraphernalia which tested positive for methamphetamine.

The license will remain suspended for a period of 180 days, during which the WSLCB will pursue permanent revocation due to the aggravating circumstances of the case.

The WSLCB educates licensees to reach compliance and enforces Washington’s liquor, cannabis and tobacco laws and regulations. The WSLCB is mandated to ensure that licensees in Washington State follow state laws and regulations. When licensees fail to comply with state law the Board, under state authority can take action including the issuance of suspensions to ensure public health and safety.

Emergency suspensions represent an extraordinary exercise of the state’s power and the WSLCB is mandated to ensure that an emergency suspension is reasonable, justifiable and legal. This is the first Board-issued emergency suspension of 2020.