LCB Board Action: Adoption of Final Rules (Cannabis Vitamin E Acetate)

Details of July 20, Cannabis Plant Chemistry Public Session

WASHINGTON:  Yesterday (7/21/21), during a regularly scheduled meeting, the Washington State Liquor and Cannabis Board took the following action:

Adopted final rules (CR 103) to permanently cross-reference the Washington State Board of Health (SBOH) vitamin E acetate prohibition in cannabis processor and retailer rules. The rules take effect August 21, 2021. 

A second Deliberative Dialogue on Cannabis Plant Chemistry was held July 20, 2021. To learn more about the session, references, notes and a link to the session recording are included below.

WSLCB Issues Emergency License Suspensions Issued For Port Angeles’ North Coast Concentrates

WASHINGTON: The Washington State Liquor and Cannabis Board (WSLCB) issued two emergency marijuana license suspensions on Friday, November 2, 2018 for North Coast Concentrates, with locations at 2933 E Highway 101 and 52433 Highway 112 in Port Angeles. The suspensions are effective for 180 days beginning November 2, 2018 until May 1, 2019. During that time the WSLCB will seek permanent revocation of the licenses.

LCB Leaf Data

On September 20, 2018 an employee of North Coast Concentrates was pulled over by Lower Elwha Police, during the course of the traffic stop officers found 112 grams of traceable marijuana concentrates, three large jars and a large tote bin of untraced dried marijuana flower. The products were not manifested in the state traceability system. Subsequent investigation by WSLCB officers revealed that the untraced product had been removed from the licensees grow operation and that the traced concentrates were returned from a marijuana retailer in Tacoma several weeks earlier.

Seized text messages from the employee’s cell phone indicated that the licensee was aware of both the diversion and the selling of product on the black market. While executing the suspension orders, officers seized 556 pounds of marijuana flower product, 24 pounds of marijuana oil and 204 plants from both locations.

Due to the severity of these violations and the risk of diversion should the business remain open the Board issued the emergency suspensions. 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 in every way. The WSLCB issued one emergency suspension in 2017, and six in 2018.

Mother of Terminally Ill Daughter Sues Governor to Invalidate Cannabis Advertising Laws

WASHINGTON: The mother of a terminally ill child is suing Washington Governor Inslee over the unconstitutional restrictions on cannabis advertising. Meagan Holt depends upon cannabis to save her daughter’s life. Her daughter, Maddie, is diagnosed with Zellweger syndrome and suffers from seizures that have left Maddie blind, deaf, and terminally ill. The suit alleges Washington’s advertising restrictions unconstitutionally prevent Meagan and Maddie’s right to freely hear communications about cannabis medicines for her daughter.

Mother of Terminally Ill Daughter Sues Governor to Invalidate Cannabis Advertising Laws

Mother of Terminally Ill Daughter Sues Governor to Invalidate Cannabis Advertising Laws

Last year, Washington placed new regulations on cannabis businesses for the third time since I502 passed; the new law originally listed as SB 5131, focused on advertisements. Meagan’s suit alleges that these laws, in combination with existing policy from the Washington State Liquor and Cannabis Board (WSLCB) have created a situation that makes it impossible for her to locate a reliable, legal source of medicine for her daughter, including preventing her from finding free product for her ailing daughter.

Meagan’s attorneys, Bonnie Fong and Sean Badgley of C3 Law Group PLLC, focus on challenging state overreach in the cannabis area and they believe Washington’s new rules regarding advertising restrictions are unconstitutional restrictions on free speech.

Maddie’s situation, “represents a stark example of the unintended consequences that come from regulating cannabis without a proper understanding of the market, the needs of patients, or any of the other legitimate concerns of people who aren’t directly employed by the Washington State Liquor and Cannabis Board” Badgley says. Fong adds “The government has taken a highly paternalistic approach to cannabis advertising laws, and in doing so, has infringed upon the rights of our clients’ right to speak, and hear, freely.”

Governor Inslee signed the laws in question May of last year, which became effective in July of 2017. Since that time, the Washington State Liquor and Cannabis Board (WSLCB) has issued multiple advertising violations. The complaint alleges that the restrictions are unconstitutional and punish patients who need more detailed advertising to make important decisions regarding the patient’s medical needs.

 

 

WSLCB Notice Of Rule Making: Pesticide Emergency Rules #17-18

WASHINGTON: The Washington State Liquor and Cannabis Board filed Emergency Rules with the Code Reviser’s Office for Chapter 314-55 WAC.

The board approved refiling emergency rules for WAC 314-55-108, Pesticide action levels to continue requirements until permanent rules become effective. The rules become effective today, August 9, 2017, and expire when permanent rules take effect on August 31, 2017.

wslcbThis notice and copy of the emergency rule can be found at lcb.wa.gov/laws/laws-and-rules under Recently Adopted Rules.

 

 

Washington LCB Notice of Rule Making – Pre-proposal – #17-04: Producer Tier Structure

WASHINGTON: The Washington State Liquor and Cannabis Board has entered into the initial stage of rulemaking (CR 101) to consider rule changes in Chapter 314-55 related to the producer tier structure and potentially allowing producers to hold an interest in more than one license. The CR 101 is the initial notification of potential rule making and no rule language is offered at this stage of the process. The CR 101 and an explanatory statement for this rule making accompany this notice.

The Liquor and Cannabis Board encourages you to give input on the subject of these potential changes.  Following the comment period, the agency will send out and publish the proposed rules, establish a comment period on the proposed rules, and hold a public hearing before the rules are adopted.

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

 

WSLCB Notice: Refiling Emergency Rules For Pesticide Action Levels 16-44

WASHINGTON: The Washington State Liquor and Cannabis Board has filed Emergency Rules with the Code Reviser’s Office for Chapter 314-55 WAC.

The board approved refiling emergency rules for WAC 314-55-108, Pesticide action levels, to continue requirements until permanent rules become effective. The rules become effective today, December 28, 2016, and expire April 27, 2017.  Permanent rulemaking on this subject is in progress.

The WSLCB is currently undergoing upgrades to its website and will post this emergency rule on the Recently Adopted Rules webpage early next week. Once posted, this notice and copy of the emergency rule can be found at lcb.wa.gov/laws/laws-and-rules under Recently Adopted Rules.

Washington Liquor and Cannabis Board Files For Emergency Testing Rules

NOTICE OF RULE MAKING – Emergency Rules – #16-42

 WASHINGTON: The Washington State Liquor and Cannabis Board filed Emergency Rules with the Code Reviser’s Office for Chapter 314-55 WAC.

The board approved refiling emergency rules for WAC 314-55-1025, Proficiency testing, and 314-55-1035, Laboratory certification – Suspension and revocation. The rules become effective today, December 7, 2016, and expire on April 6, 2017. Rulemaking to establish permanent rules on these subjects is currently underway. These emergency rules are to maintain requirements until permanent rules take effect.

This notice can be found at lcb.wa.gov/laws/laws-and-rules under Recently Adopted Rules.

 

A Maturing Marijuana Industry Prepares for the Future

Amid Record Sales, Pre-Election Seminar to Explore More Sophisticated Business Operations

With more than $1.4 billion in sales in Washington since legalization in 2014, and five additional states considering new legal marijuana markets, several veterans of the recreational cannabis industry will gather next month in Seattle to discuss how they are planning to compete in a multi-billion-dollar industry that virtually did not exist just three years ago.

Dozens of cannabis processors, producers, retailers and ancillary businesses are set to meet on November 3rd at the downtown Seattle office of Garvey Schubert Barer (GSB) to discuss how they can operate in a more sophisticated environment than ever before. The agenda includes a range of pertinent topics, such as how to work with a growing and more experienced marijuana workforce, making smart decisions about human resources, managing financial risk and insurance, and navigating the patchwork of ever-changing regulations in every state where a cannabis business might operate.  Two enforcement officers from the Washington State Liquor and Cannabis Board will also be present, and they will cover the hot regulatory issues and answer questions from cannabis industry members.

“Stunning sales figures and the prospect of more states legalizing cannabis means that the days of the dynamic, bootstrapped marijuana startup are giving way to companies that have to operate just like any other business,” said Emily Gant, attorney and Co-Chair of Cannabis Industry Group at GSB and moderator of the Seminar’s opening session. “I think this next election is going to open a lot of eyes that the cannabis industry really is becoming a major force in the economy.”

Polls are showing that the business of recreational marijuana is set for a nationwide expansion, and the prospect of new customers, new competitors and new partners has many in the cannabis business realizing that their industry is reaching a new level of maturity.

“It’s only natural that we are starting to hear the first credible efforts of cannabis workers looking to organize and possibly join unions,” said Jared Van Kirk, attorney and Co-Chair of the Labor & Employment Practice Group at GSB and one of the Seminar’s presenters. “We’re looking forward to a discussion that focuses on the human resources challenges we’ve already seen, and how to prepare for the business consequences of a larger, smarter and a more prepared workforce in the marijuana industry.”

The Seminar, organized by Seattle-based law firm Garvey Schubert Barer, accounting firm ACT Resources and Mosaic Insurance Alliance, will offer expanding cannabis businesses a chance to discuss growing pains and how to stay competitive, from the perspective of individual businesses and the industry at large.

“In the beginning we saw folks enter the marijuana business market and make all the right moves, only to be derailed when a national vendor or the insurance market could not meet their business needs or was unable to make sense of rapidly changing market conditions,” said Norm Ives of Mosaic Insurance and speaker at the Seminar. “As competitive as this industry has become, we have to keep convening so that business operations evolve to capitalize on the most current market conditions and become just as competent or sophisticated as other industries have developed over decades or longer.”

“The pace of change in this industry isn’t likely to let up,” said Dani Espinda of Act Resources. “The regulations faced by marijuana entrepreneurs in each state create unique challenges, and the expansion of recreational marijuana after this next election is going to have a real impact on what strategies will make for a successful business.”
The half-day seminar will include interactive discussions between attendees and speakers, followed by a cocktail reception.

 

About the Event:

 

What:

2016 Cannabis Business Seminar: Transitioning from Infancy to Maturity

Where:

Garvey Schubert Barer

1191 Second Avenue, 6th floor

Seattle, WA 98101-2939

When:

Thursday, November 3, 2016

1:00 – 4:30 pm, cocktail reception to follow

Cost:

Free

RSVP:

Space is limited! RSVP to Bonnie Chung at bchung@gsblaw.com or at 206-816-1487


Moderators:

Emily Harris Gant, attorney and Co-Chair of Cannabis Industry Group, Garvey Schubert Barer

Andy I. Aley, attorney and Co-Chair of Cannabis Industry Group, Garvey Schubert Barer

 

Speakers:

Jared Van Kirk, attorney and Co-Chair of Labor and Employment Practice Group, Garvey Schubert Barer

Michael S. Brunet, attorney and Member of Labor and Employment Practice Group, Garvey Schubert Barer

Dani Espinda, CPA, Tax and Cannabis Business Consultant, Principal, Act Resources, PLLC

Norm Ives, Cannabis Program Manager & Commercial Broker, Mosaic Insurance, LLC

Officer Joseph Bussman, Washington State Liquor and Cannabis Board

Lieutenant Lorn Richey, Washington State Liquor and Cannabis Board

Meet Washington State’s Official New Liquor And Cannabis Board

WASHINGTON: Big changes are coming to the state Liquor Control Board, including a name change.

The same law that will change the Liquor Control Board’s name July 24 to the “Liquor and Cannabis Board” also directed the agency to decide which unlicensed medical-marijuana shops and grow operations to legitimize by July 1, 2016.

The process will involve a merit system, the Olympian reported.

The agency assumes 825 unlicensed medical shops will apply for a license and half will receive one.

First dibs would go to people who have been in the medical-marijuana industry since before 2013, have paid their taxes and applied for one of the recreational licenses. Next up are applicants who didn’t apply for a recreational license but meet the other requirements. Everyone else falls into a third tier.