PREPROPOSAL STATEMENT OF INQUIRY

[Filed August 8, 2018, 11:12 a.m.]

Subject of Possible Rule Making: The Washington state liquor and cannabis board (WSLCB) is changes to [changing] rules in chapter 314-55 WAC regarding cannabis quality assurance testing and products requirements.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 69.50.342 and 69.50.345.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rule making is necessary to make further adjustments to rules in an effort to seek more alignment with the department of health's (DOH) compliant products rules (chapter 246-70 WAC) and to take the next incremental step in testing requirements for cannabis in Washington. These changes will seek to increase efficiencies in testing adult-use and compliant products, as well as increase the availability of compliant products or products of a similar nature and quality of testing. Requests from the industry have also been received regarding testing requirements and changes in testing requirements in other states have prompted further review of WSLCB rules for potential adjustment. Additionally, WSLCB has heard from the medical marijuana patient community that they would like to see additional product types or levels of potency that are not currently supported by the regulatory structure. For these reasons, changes to products, serving amounts in packaging, and other related requirements may be considered as part of this rule making.

WSLCB will consider the following topics for potential rule-making changes:

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: WSLCB will coordinate with DOH, department of agriculture, and department of ecology [as] needed on proposed rule changes.

Process for Developing New Rule: Agency study.


•	Lot and batch sizes;
•	Fields of testing and pass/fail level adjustments;
•	Potency testing requirements;
•	Pesticide testing requirements for all cannabis products;
•	Heavy metals testing requirements;
•	Sample deduction requirements;
•	General testing rule adjustments;
•	Product, THC serving limits, and packaging requirements; and
•	Other related rule changes that may be necessary or advisable.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Joanna Eide, Policy and Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98504, phone 360-664-1622, fax 360-664-9689, TTY 711 or 1-800-833-6388, email rules@lcb.wa.gov, web site www.lcb.wa.gov.

Additional comments: The CR-102 with proposed rule changes is expected to be filed on or after October 31, 2018.