WSR 15-20-081

PREPROPOSAL STATEMENT OF INQUIRY

[Filed October 5, 2015, 9:04 a.m.]

Subject of Possible Rule Making: Chapter 246-70 WAC, the department of health (department) is considering creating a new chapter of rules required by state law to establish marijuana product regulations regarding products beneficial for medical use by qualifying patients, quality assurance testing (pesticide, mycotoxin, heavy metal, terpenes), product labeling, and safe handling standards.

Statutes Authorizing the Agency to Adopt Rules on this Subject: 2SSB 5052 (chapter 70, Laws of 2015, regular session) and section 207 of 2E2SHB 2136 (chapter 4, Laws of 2015, 2nd sp. sess.).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: State law mandates that the department establish marijuana product regulations regarding products beneficial for medical use by qualifying patients, quality assurance testing (pesticide, mycotoxin, heavy metal, terpenes), product labeling, and safe handling standards. Such rules would be key to the process needed to produce, process, and make available to qualifying patients an adequate supply of marijuana products by July 1, 2016.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The liquor and cannabis board (LCB) has authority to license the medically endorsed marijuana retail stores along with the producers and processers [processors] for these products. The department of revenue is responsible for the taxation of such marijuana products. The department of agriculture is the state authority and content experts regarding pesticides. The department of health will closely coordinate the development and implementation of these rules with each agency through regularly scheduled meetings and other communications.

Process for Developing New Rule: Collaborative.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Several stakeholder workgroups will be held prior to publication of the proposal. Persons interested in participating or receiving updates can join the Washington state medical marijuana program listserv at www.doh.wa.gov/medicalmarijuana. Questions and comments may be sent by fax (360) 236-2901, or mail Medical Marijuana Program, P.O. Box 47852, Olympia, WA 98504-7852, or e-mail medicalmarijuana@doh.wa.gov, or phone (360) 236-4819.

October 5, 2015

John Wiesman, DrPH, MPH

Secretary