SENATE BILL REPORT

HB 1250

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to authorizing retail marijuana outlets to give a free lockable drug box to adults age twenty-one years and over and to qualifying patients age eighteen years and over subject to restrictions.

Brief Description: Authorizing retail marijuana outlets to give a free lockable drug box to adults age twenty-one years and over and to qualifying patients age eighteen years and over subject to restrictions.

Brief Summary of Bill

Authorizes licensed marijuana retail outlets to receive from another person or entity and donate, at no cost, a lockable box intended for the secure storage of marijuana products and paraphernalia and literature about the lockable boxes.
Authorizes the retailers to also purchase and sell lockable boxes, so long as the sales price is not less than the cost of acquisition.

Background: Licensed marijuana retail outlets may not sell products or services other than useable marijuana, marijuana-infused products, marijuana concentrates or paraphernalia intended for the storage or use of marijuana products. Retail outlets may sell such products or services only to adults age 21 and over, and, if the retail outlet holds a medical marijuana endorsement, to qualifying patients age 18 and over who are entered into the Medical Marijuana Authorization Database and hold a valid recognition card and to designated providers.

As marijuana is a Schedule I controlled substance under the state Uniform Controlled Substances Act, and only specific conduct related to possessing, transferring, and consuming marijuana products within the system created by Initiative 502 is legal, generally, any conduct that is not explicitly authorized is prohibited and punishable as a Class C felony under the Uniform Controlled Substances Act.

Summary of Bill: Licensed marijuana retail outlets may donate, at no cost, to adults age 21 and over, to qualifying patients age 18 and over, and to designated providers, a lockable box intended for the secure storage of marijuana products and paraphernalia and literature about such a lockable box. Retail outlets may receive such lockable boxes and literature as a donation from another entity or person that is not a licensed marijuana producer, processor, or retailer, to be passed along, at no cost, to adults age 21 and over, to qualifying patients age 18 and over, and to designated providers.

Additionally, retail outlets may not condition the donation of a lockable box or literature on the recipient's purchase from the retail outlet or use the donation as an incentive to sell marijuana products or paraphernalia.

A retail outlet is also authorized to purchase and to sell lockable boxes for the storage of marijuana products, provided it was not donated to the outlet, and it is not sold for less than the cost of acquisition.

Staff Summary of Public Testimony: PRO: This bill comes from our local health district that wanted to donate some lockable storage boxes to a retail marijuana store. Unfortunately, without a change to the law, the store is not authorized to accept and donate these boxes to their customers. The use of these boxes will help protect children and pets from getting access to marijuana products. The bill has tight sideboards. This is one of several helpful prevention bills that are moving forward in the Legislature.