Clarifying Statement Regarding WSLCB Rule Making Authority Re THC Isomers Other Than Delta-9

WASHINGTON: The Washington State Liquor and Cannabis Board issued the following clarifying statement regarding its rule making authority re: THC Isomers other than Delta-9.

Issue

Delta-8 THC is a psychoactive compound naturally occurring in very low levels in cannabis. With the recent federal legalization of hemp, delta-8 and other THC compounds other than state regulated delta-9, can be chemically derived from CBD that was originally generated from hemp.

Delta-8 derived from hemp has emerged for sale nationwide, including small amounts within the regulated Washington State supply chain, as well as in unregulated convenience stores and commercial internet websites. It is an emerging issue nationwide with concerns surrounding it that include: youth access, health effects resulting from the extraction process, and the impact of a product that is generally unregulated competing with a tightly regulated state cannabis marketplace.

Research

In recent months, the LCB has been researching delta-8 through multiple channels. Discussions are ongoing with state public health officials, cannabis industry representatives and other state regulators through the national trade organization the Cannabis Regulators Association (CANNRA). Most states are currently fact finding and communicating with Washington and other states. Some have moved quickly to prohibit delta-8 through rule or legislation.

Reason for Policy Statement

On April 28, 2021, LCB issued Policy Statement Number PS-21-01 regarding: The regulation of tetrahydrocannabinols (THC), other than Delta-9; and the conversion of CBD, hemp, or both to delta- 8 THC, delta-9 THC, or any other cannabis compound that is not currently identified or defined in the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), or both. The LCB’s policy statement is in response to multiple stakeholder requests and national concerns for clarification.

Through PS-21-01, the LCB is notifying the public and stakeholders that the agency will be addressing the issue. State law encourages agencies to advise the public of its current opinions, approaches, and likely courses of action by means of interpretive or policy statements. Current interpretive and policy statements are advisory only. To better inform the public, agencies are encouraged to also convert long-standing interpretive and policy statements into rules.

LCB Intent

The LCB’s intent is to open public discussion around this issue. While the Board has broad rule-making authority to act quickly when the public health, safety or welfare is at risk, the Board’s intention is to approach the issue conservatively and transparently, collecting input and actively collaborating with stakeholders. Until the LCB has reached a conclusion through the public rule-0making process whether to adopt rules to create enforceable requirements regarding products that contain delta-8, this policy statement is advisory. The LCB will continue to enforce existing rules pertaining to packaging and labeling reviews to ensure there is not an excess of 10 mg of any type of THC in edible products.

The policy statement represents the Board’s continued effort to make the public and stakeholders aware of our intentions and invite participation. The Board will soon approve a CR 101 to make the process public and begin standard rule-making. As always, interested parties may sign up for email notifications or check the LCB website at lcb.wa.gov for updates.

Washington State Liquor and Cannabis Board Actions: Vitamin E Acetate in Vapes & Tier 1 Canopy

WASHINGTON:Yesterday, during a regularly scheduled meeting, the Washington State Liquor and Cannabis Board took the following action:

Approved a rule proposal (CR 102) to expand the plant canopy square footage allowed for licensed Tier 1 cannabis producers.

Adopted emergency rules (CR 103E) to enforce the requirements of WAC 246-80-021 prohibiting the use of vitamin E acetate in vapor products, within the context of chapter 69.50 RCW. This emergency rule allows the Board to take disciplinary action against any cannabis processor licensed under WAC 314-55-077, or any cannabis retailer licensed under WAC 314-55-079 that fails to comply with the provisions of WAC 246-80-021 under the authority of chapter 69.50 RCW. The emergency rules took effect immediately yesterday upon filing with the Code Reviser’s Office.

Rescinded Emergency Rules WAC 314-55-1065 and 314-55-1055, regarding the LCB Vitamin E Acetate Prohibition and Cannabis Product Disclosure Form

WSLCB Issues Policy Statement On Tetrahydrocannabinol (THC) Compounds Other Than Delta-9

WASHINGTON: Consistent with RCW 34.05.230, the Washington State Liquor and Cannabis Board (WSLCB) has published a policy statement concerning tetrahydrocannabinol (THC) compounds other than delta-9 and the conversion of CBD, hemp, or both to delta- 8 THC, delta-9 THC, or any other cannabis compound that is not currently identified or defined in the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), or both. 

Policy statements are agency-level documents declaring plans or intentions of an agency. Policies are different from procedures, standard operating procedures, or guidance because they apply to the entire organization and are primarily intended to set direction. In contrast, procedures or guidelines typically include specific instructions used to accomplish defined tasks that may be described in a policy.

Notice of WLSCB Policy Statement #PS21-01 was filed with the Washington State Code Reviser on April 28, 2021 as WSR 21-10-045. The policy statement is offered in response to multiple stakeholder requests and national concern for clarification regarding the regulation of tetrahydrocannabinols (THC), other than delta-9; and the conversion of CBD, hemp, or both to delta- 8 THC, delta-9 THC, or any other cannabis compound that is not currently identified or defined in the Revised Code of Washington (RCW), the Washington Administrative Code (WAC), or both.

Additional information can be found on the WSLCB Policy Statements webpage.

Virtual Listen and Learn Forum Session on Draft Conceptual Rules: Background Checks for Cannabis Licensees and Applicants

WASHINGTON:  The Washington State Liquor and Cannabis Board (WSLCB) is hosting a Listen and Learn forum about draft conceptual rules for cannabis applicants or licensee background checks.

The Liquor and Cannabis Board began considering revisions to current background check processes for applicants or licensee by initiating a formal rule inquiry on February 17, 2021. The Preproposal Statement of Inquiry is found here.

WSLCB

Initiative 502 (I-502) established a legal framework for the Board to review the criminal history of marijuana [cannabis] license applicants, along with broad rulemaking authority to create rules related to criminal history background check standards. The initial background check rules were first established in late 2013, and the most recent revision occurred in early 2016.

The WSLCB will be re-evaluating current criminal history background check standards in an effort to remove unnecessary barriers to entry in the legal marijuana [cannabis] market by people and communities disproportionally impacted by marijuana [cannabis] criminalization. Revisions considered will be designed to support socially equitable conditions by deconstructing current rules to create fair and meaningful access to the economic opportunities afforded by marijuana [cannabis].

Here is a link to the agenda to help you prepare, along with draft changes (redline) and original language (non-redline) versions of the draft conceptual rules. Please come prepared to offer related feedback and suggestions.

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.

When: Thursday, May 13, 2021, 2:30 – 4:30 p.m.

Where: Online via this link WebEx. Pre-registration is not required.

By phone only:  Toll Free: 1-855-929-3239, or Direct: (415) 655-0001

                            Access Code: 133 151 4096#

If you wish to join online here are a few reminders:

  • Online participation will be structured to allow one speaker at a time through a hand-raising feature on WebEx.
  • If you have difficulty with audio or visual elements of the WebEx meeting, please be patient, you can provide feedback to us at the email below. There is still opportunity to let us know your thoughts.

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

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.

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.

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

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.

WSLCB Reminds Licensees: Branded Or Unbranded Merchandise And Conditional Sales Prohibited

Enforcement and Education Bulletin No 21-01

 

 

To:                  Cannabis Industry Members

From:             Matt McCallum, Enforcement Advertising Coordinator

Subject:         Prohibited: branded or unbranded merchandise and conditional sales

As the cannabis industry continues to evolve and progress, the advertising produced and sold by cannabis licensees is becoming more and more creative. Although the LCB supports the creativity and promotion of cannabis businesses, it is important to remember that there are restrictions on what cannabis licensees can sell, and how it can be sold.

Please keep in mind that the distribution of branded or unbranded promotional items is prohibited under WAC 314-55-155(4), and conditional sales are prohibited under WAC 314-55-017.

What does this mean for licensees?

This means that a cannabis licensee in the state of Washington cannot brand, package with, or sell non-cannabis, or non-cannabis paraphernalia items, using their license. This includes but is not limited to t-shirts, stickers, drinking glasses, lanyards, and general swag items.

In addition, requiring the purchase of a non-cannabis item, such as paraphernalia or other non-cannabis products in order for the purchaser to obtain cannabis, is prohibited. This includes but is not limited to pipes, bongs, rolling papers, lighters, and branded merchandise.

Please note that licensees may sell paraphernalia together with cannabis either as separate items or in branded packaging, but the purchase of cannabis cannot be contingent upon the requirement to purchase the paraphernalia item. This means if a paraphernalia item is sold with or packaged with cannabis, the cannabis must also be available for sale separately and the cannabis cannot be available for a lesser amount when sold with the paraphernalia.

Are there any exceptions?

Yes, RCW 69.50.585, allows cannabis producers and processors to provide retailers and their employees with branded promotional items of nominal value. These items can only have the advertising matter of the producer or processor providing the items.  The items may not be forwarded on to the retail customers, through purchase or giveaway.

If you have any questions, please contact your compliance consultant or officer. Thanks you. for your review.

Gov. Inslee Appoints David Postman as Chair of the Washington State Liquor and Cannabis Board

WASHINGTON:  The Liquor and Cannabis Board (LCB) today announces that Gov. Jay Inslee has appointed David Postman as Chair of the LCB Board.

Prior to his appointment, Mr. Postman had served as Gov. Inslee’s chief of staff from Dec. 2015 until Nov. 15, 2020. He served in the Inslee Administration since the governor took office in 2013, first serving as his executive director of communications. Before joining the administration, Postman served as a senior director at Vulcan Inc., the company headed by Microsoft co-founder Paul Allen. Mr. Postman has a 26-year career as an award-winning journalist in Oregon, Alaska and Washington, including 14 years working as a political reporter for The Seattle Times.

“David has extensive experience bringing people together to work through complex and difficult issues,” Gov. Jay Inslee said. “He is able to listen to divergent viewpoints and synthesize feedback to move toward resolution. He is committed to transparency and openness, and knows state government well. I know David will make an excellent addition to the LCB Board and I am so glad that he will continue to serve the people of Washington.”

The Board is composed of three members appointed by the Governor to six-year terms. The Board holds regular public meetings and work sessions with stakeholders, makes policy and budget decisions, and adjudicates contested license applications and enforcement actions on licensees. Board members also hired the agency’s Director, Rick Garza, who manages day-to-day operations. The agency has licensing, enforcement, tax collection and/or regulatory roles concerning alcohol, cannabis, vape and tobacco. It has a staff of approximately 350.

“David has been part of the LCB’s efforts to help get Washington’s pioneering regulated cannabis system off the ground from the beginning,” said Garza. “He helped demonstrate to the U.S. Dept. of Justice that Washington State could safely implement a safe and orderly system. Ultimately, the Justice Department issued the Cole Memo which stipulated the federal government’s concerns going forward.”

Mr. Postman succeeds former Board Chair Jane Rushford whose term expired in Feb. 2021.

“Jane served as the consummate professional. I thank her for her service to the Board, its employees and for her many contributions,” said Postman. “I am looking forward to carrying on efforts begun under her tenure, particularly the Board’s efforts to increase diversity and equity within the state’s regulated cannabis system.”

Mr. Postman begins his six-year term March 15, 2021. He joins current Board Members Ollie Garrett and Russ Hauge.