WSR 24-13-095
PERMANENT RULES
LIQUOR AND CANNABIS
BOARD
[Filed June 18, 2024, 10:32 a.m., effective July 19, 2024]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The Washington state liquor and cannabis board has adopted amendments to medical cannabis endorsement rules at WAC 314-55-080 to require the posting of cannabis consultant hours, to allow for having medical cannabis on order to satisfy the requirement to have medical cannabis in stock, and allowing for time for medical cannabis endorsement holders to address regulatory noncompliance before having the endorsement discontinued.
Citation of Rules Affected by this Order: Amending WAC 314-55-080.
Adopted under notice filed as WSR 24-10-043 on April 24, 2024.
A final cost-benefit analysis is available by contacting Daniel Jacobs, Rules and Policy Coordinator, 1025 Union Avenue S.E., Olympia, WA 98501, phone 360-480-1238, fax 360-664-3208, email rules@lcb.wa.gov, website www.lcb.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 18, 2024.
David Postman
Chair
OTS-5156.5
AMENDATORY SECTION(Amending WSR 22-14-111, filed 7/6/22, effective 8/6/22)
WAC 314-55-080Medical cannabis endorsement.
(1) A medical cannabis endorsement added to a cannabis retail license allows the cannabis retail licensee to:
(a) Sell cannabis for medical use to qualifying patients and designated providers; and
(b) Provide cannabis at no charge, at their discretion, to qualifying patients and designated providers.
(2) Qualifying patients between 18 and 21 years of age with a recognition card may enter and remain on the premises of a retail outlet holding a medical cannabis endorsement and may purchase products for their personal medical use. Qualifying patients who are under the age of 18 with a recognition card and who accompany their designated providers may enter and remain on the premises of a retail outlet holding a medical cannabis endorsement, but may not purchase products for their personal medical use. Only a designated provider may purchase products for a qualifying patient under the age of 18 who holds a valid recognition card.
(3) To maintain a medical cannabis endorsement in good standing, a cannabis retailer must:
(a) Follow all rules adopted by the department of health regarding retail sales of medical cannabis;
(b) Have a consultant on staff in accordance with ((department of health rules))chapter 246-72 WAC;
(c)(i) Have consulting service hours for entering qualifying patients into the medical cannabis database posted alongside hours of operation as required in WAC 314-55-055;
(ii) The requirement in (c)(i) of this subsection can be met by posting a window of time where appointments with cannabis consultants can be scheduled;
(d) Prohibit the medical use of cannabis by anyone at the retail outlet at all times, including medical use by qualifying patients;
(((d) Maintain))(e) Have in stock at all times, ((a representative assortment of))or on order, cannabis products ((necessary to meet the needs of qualified patients and designated providers))that comply with chapter 246-70 WAC;
(((e)))(f) Not market cannabis concentrates, useable cannabis, or cannabis-infused products in a way that make them especially attractive to minors;
(((f) Demonstrate))(g) Maintain the ability to enter qualifying patients and designated providers in the medical cannabis authorization database established by the department of health;
(((g)))(h) Issue recognition cards and agree to enter qualifying patients and designated providers into the database in compliance with the department of health standards;
((
(h)))
(i) Keep records to document the validity of tax exempt sales as prescribed by the department of revenue for a minimum of five years. For the documentation requirements in RCW
69.50.375 (3)(e), licensees are not required to separately keep copies of the qualifying patient's or designated provider's recognition card because this information is stored in the medical cannabis authorization database;
(((i)))(j) Train employees on the following:
(i) Procedures regarding the recognition of valid authorizations and the use of equipment to enter qualifying patients and designated providers into the medical cannabis authorization database;
(ii) Recognition of valid recognition cards; and
(iii) Recognition of strains, varieties, THC concentration, CBD concentration, and THC to CBD ratios of cannabis concentrates, useable cannabis, and cannabis-infused products available for sale when assisting qualifying patients and designated providers at the retail outlet.
(4) ((A cannabis retailer holding a medical cannabis endorsement may sell products with a THC concentration of 0.3 percent or less.)) The licensee may ((also)) provide ((these))cannabis products complying with chapter 246-70 WAC at no charge to qualifying patients or designated providers.
(5) Unlicensed practice of medicine. No owner, employee, or volunteer of a retail outlet and holding a medical cannabis endorsement may:
(a) Offer or undertake to diagnose or cure any human or animal disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real or imaginary, by use of cannabis products or any other means or instrumentality; or
(b) Recommend or suggest modification or elimination of any course of treatment that does not involve the medical use of cannabis products.
(6) ((Failure to comply with))(a) Noncompliance with the requirements of subsection((s)) (3) ((and (5))) of this section may result in ((suspension or revocation))the discontinuance of the medical cannabis endorsement.
(b)(i) After being notified of noncompliance with the requirements of this section by the board, the endorsement holder shall have at least seven calendar days and no more than 30 calendar days to demonstrate compliance with this section. If noncompliance remains after the deadline identified by the board, the endorsement is discontinued.
(ii) If a licensee applies for a medical cannabis endorsement after it has previously been discontinued pursuant to (b)(i) of this subsection, the application and documentation verifying compliance with the requirements of this section must be submitted to the board.
(7) Noncompliance with subsection (5) of this section may result in the discontinuance of the medical cannabis endorsement.