Original Notice.
Preproposal statement of inquiry was filed as WSR 22-18-057.
Title of Rule and Other Identifying Information: The Washington state liquor and cannabis board (LCB) is proposing amendments to WAC 314-55-155 to implement ESB 5206 (chapter 378, Laws of 2025), regarding cannabis advertising; and additional amendments to WAC 314-55-155 regarding incidental promotional items from WSR 22-18-057, which was filed August 31, 2022, to evaluate and consider changes to cannabis advertising rules.
Hearing Location(s): On April 23, 2026, 1:00 p.m. Public hearings related to LCB rule-making activity will be held in a "hybrid" environment. This means that the public will have options for in-person or virtual attendance and for providing verbal comments during public rules hearings. A meeting room will be set up at the headquarters building, 1025 Union Avenue, Olympia, WA 98504, for in-person attendance and the public may also log in using a computer or a device, or call in using a phone to listen to the meeting through the Microsoft Teams application. Please note that although the meeting room will be staffed during the hearing, LCB staff may appear virtually.
LCB encourages those who would like to provide public comment to register in advance. Those who have not registered by 1:00 p.m. on the hearing date, or who arrive after the hearing has started, cannot be guaranteed the opportunity to speak.
To register in advance to provide verbal comments or for related questions, please email publichearings@lcb.wa.gov.
For more information about providing verbal comments at rules public hearings, please visit https://lcb.wa.gov/publichearings.
Date of Intended Adoption: Not earlier than May 6, 2026.
Submit Written Comments to: Jeff Kildahl, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, email rules@lcb.wa.gov, fax 360-704-5027, beginning March 4, 2026, 12:00 p.m., by April 23, 2026, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Dawn Russell, ADA coordinator, human resources, phone 360-664-1635, fax 360-664-9689, TTY 711 or 1-800-833-6388, email dawn.russel@lcb.wa.gov, by March 26, 2026.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington state legislature passed ESB 5206 (chapter 378, Laws of 2025) on April 18, 2025. This bill, which went into effect on January 1, 2026, updates and expands advertising opportunities for cannabis retail licensees. The proposed amendments to the existing rules in WAC 314-55-155 are intended to implement ESB 5206 by doing the following, as required by the bill:
Reasons Supporting Proposal: Rules on this subject are necessary to implement ESB 5206 (chapter 378, Laws of 2025), which passed the legislature on April 18, 2025. The proposed rules will expand advertising options available to cannabis retail licensees.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: LCB, governmental.
Name of Agency Personnel Responsible for Drafting: Jeff Kildahl, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, 360-480-7960; Implementation and Enforcement: Lawerence Grant, Director of Enforcement and Education, P.O. Box 43080, Olympia, WA 98504, 360-664-1726.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is fully exempt.
The following provisions apply in addition to the requirements and restrictions in RCW
69.50.369.
(1) Definitions. For the purposes of this section, the following definitions apply:
(a) "Adult only facility" means:
(i) A location restricted to persons age 21 and older by the LCB, classifying the location as off limits to all persons under 21 years of age except for qualifying medical cannabis patients or contracted trade workers; or
(ii) A venue restricted to persons age 21 and older and where persons under 21 years of age, including employees and volunteers, are prohibited from entering or remaining.
(b) "Billboard" means a permanent off-premises sign in a fixed location used for the display of commercial messages.
(c) "Off-premises sign" means a sign relating, through its message and content, to a business activity, product, or service available at a premises other than the location where the sign is erected.
(d) "Trade name sign" means a sign other than a billboard which includes only the business trade name as it appears on the approved cannabis retailer license issued by the board.
(2)Advertising generally. The following requirements apply to all advertising by cannabis licensees in Washington state.
(a) All cannabis advertising, trade name signs, billboards, and labels of useable cannabis, cannabis concentrates, and cannabis-infused products sold in the state of Washington must not contain any statement, or illustration that:
(i) Is false or misleading;
(ii) Promotes over consumption;
(iii) Portrays alcohol or its use;
(iv) Portrays tobacco or nicotine or its use;
(v) Portrays any association with a motor vehicle or operation of a motor vehicle; or
(vi) Mimics or resembles logos or messaging from the LCB or other state agencies without approval;
(vii) Represents that the use of cannabis has curative or therapeutic effects;
(((iv)))(viii) Depicts a child or other person under legal age ((to consume))consuming cannabis, or includes:
(A) The use of objects, such as toys, inflatables, movie characters, cartoon characters suggesting the presence of a child, or any other depiction or image designed in any manner to be likely to be appealing to youth or especially appealing to children or other persons under legal age to consume cannabis as defined in WAC 314-55-105 (1)(c); or
(B) Is designed in any manner that would be especially appealing to children or other persons under 21 years of age.
(b) No cannabis licensee shall place or maintain, or cause to be placed or maintained, an advertisement of a cannabis business or cannabis product, including cannabis concentrates, useable cannabis, or cannabis-infused product:
(i) In any form or through any medium whatsoever within 1,000 feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, library, or a game arcade admission to which it is not restricted to persons aged 21 years or older unless the 1,000 minimum distance requirement has been reduced by ordinance in the local jurisdiction where the licensed retailer is located and the licensed retailer is located within 1,000 feet of a restricted location listed in this paragraph;
(ii) On or in a private vehicle, public transit vehicle, public transit shelter, bus stop, taxi stand, transportation waiting area, train station, airport, or any similar transit-related location((;)).
(c) All advertising for cannabis businesses or cannabis products, regardless of what medium is used, except for trade name signs, must contain text that is clearly visible during business hours stating that cannabis products may be purchased or possessed only by persons 21 years of age or older. Examples of language that conforms to this requirement include, but are not limited to: "21+," "for use by persons 21 and over only," etc.
(d) A cannabis licensee may not engage in advertising or marketing that specifically targets persons residing out of the state of Washington.
((
(2)))
(e) Any cannabis-related advertising in any business licensed or permitted by the board under Title 66 RCW or chapter 70.345, 82.24, or 82.26 RCW is prohibited.(3)Outdoor advertising. In addition to the requirements for advertising in subsection (((1)))(2) of this section, the following restrictions and requirements apply to outdoor advertising by cannabis licensees:
(a) Except for the use of
trade name signs and billboards as authorized under RCW
69.50.369 and as provided in this section, licensed cannabis retailers may not display any ((
outdoor))
cannabis-related advertising signage
on the licensed premises other than ((
two))
four separate signs ((
identifying the retail outlet by the licensee's business name or trade name, stating the location of the business, and identifying the nature of the business. Both signs must be affixed to a building or permanent structure and each sign is limited to 1,600 square inches))
, not exceeding 1,600 square inches each, that are affixed to the building, or hanging in the window of the licensed location, on the side of the building with the main entrance.
(i) Any advertising signs that are clearly visible to the public from the public right-of-way, whether on the building or through a window of the building and displayed in such a manner as to be clearly visible from outside the licensed business, will be considered advertising for the purposes of this section.
(A) For the purposes of this section, any advertisement or merchandising inside a cannabis retailer location that is not placed on the inside surface of a window facing outward, or that is not fully and clearly visible from the public right-of-way, shall not be considered outdoor advertising.
(B) For the purposes of this section, "clearly visible" means capable of being seen without obstruction by a person standing or traveling on a public right-of-way.
(ii) All text on outdoor signs, including billboards, is limited to text that identifies the retail outlet by the licensee's ((business or)) trade name, states the location of the business, and identifies the type or nature of the business.
(((ii)))(iii) No outdoor advertising signs, including billboards and trade name signs, may contain depictions of cannabis plants or cannabis products.
(iv) Outdoor signs that contain logos or artwork that ((do not contain depictions of))does not depict cannabis plants or cannabis products as defined in this section are permissible.
(A) A depiction of a cannabis plant means an image or visual representation of a cannabis leaf, plant, or the likeness thereof that explicitly suggests or represents a cannabis leaf or plant.
(B) A depiction of a cannabis product means an image or visual representation of useable cannabis, cannabis-infused products, or cannabis concentrates, or an image that indicates the presence of a product, such as smoke, etc.
(((iii)))(v) Stating the location of the business may include information such as the physical address or location, directional information, website address, email address, or phone number of the licensed business.
(((iv)))(vi) Identifying the nature of the business may include information related to the operation of the business, what the business is engaged in, or the goods the business offers for sale.
(((v)))(vii) Double-sided signs or signs with text visible on opposite sides are permissible and count as a single sign so long as the sign is contained in or affixed to a single structure.
(b) No cannabis licensee may use or employ a commercial mascot outside of, and in proximity to, a licensed cannabis business.
(c) Outdoor advertising is prohibited on signs and placards in arenas, stadiums, shopping malls, fairs that receive state allocations, farmers markets, and video game arcades, whether any of the foregoing are open air or enclosed, but not including any such sign or placard located at an adult only facility.
(d) The restrictions in this section and RCW
69.50.369 do not apply to outdoor advertisements at the site of an event to be held at an adult only facility that is placed at such site during the period the facility or enclosed area constitutes an adult only facility, but must not be placed there more than 14 days before the event, and that does not advertise any cannabis product other than by using a brand name, such as the business or trade name or the product brand, to identify the event. Advertising at adult only facilities must not be visible from outside the adult only facility.
(e) ((A sign affixed to the licensed premises or in the window of a licensed premises indicating the location is open for business, closed for business, the hours of operation, that the licensed location has an ATM inside, or))Signs that are less than 512 square inches are not considered advertising for the purposes of this section if the sign does not include any brand names, trade names, or images of any cannabis product, and only indicates information including, but not limited to, the following:
(i) Hours of operation;
(ii) Whether business is open or closed;
(iii) The presence of an ATM machine;
(iv) The word "welcome";
(v) Required signs or notices;
(vi) Community notices; or
(vii) Other similar informational signs not related to the products or services of the cannabis business ((are not considered advertising for the purposes of this section)).
(f) "Adopt-a-Highway" signs erected by the Washington state department of transportation under a current valid sponsorship with the department of transportation are not considered advertising for the purposes of this section.
((
(3) Advertising placed on windows within the premises of a licensed cannabis retail store facing outward must meet the requirements for outdoor advertising as provided in RCW 69.50.369 and this section.))
(4)
In addition to the four signs described in subsection (3)(a) of this section, licensed businesses may use billboards and up to two trade name signs as described in RCW 69.50.369. All signs are required to be compliant with content restrictions pursuant to this section.(a) Size limitations for trade name signs and billboards are regulated and enforced by the city, town, county, or tribe in which the licensed business is located.
(b) Trade name signs may only reflect the trade name of the licensed business and may not contain cannabis products or product brand names.
(c) A second trade name sign may be a double-sided sign, such as a pylon sign or monolith sign, that contains identical content on each side. A double-sided sign that contains identical content on each side is considered one trade name sign.
(d) Placement of pylon or monolith trade name signs, similar to the size of signs, is subject to local zoning requirements and be the responsibility of the city, town, county, or tribe to regulate through local zoning or ordinances.
(5) Promotional items such as giveaways((, coupons,)) and distribution of branded or unbranded merchandise are banned((.)), except for limited circumstances. Giveaways that are incidental items, such as matches, may be provided free of charge so long as:
(a) The incidental item qualifies as paraphernalia as defined in RCW 69.50.102; (b) The incidental item is not advertised by any means other than in-store merchandising as allowed in RCW 69.50.369; (c) The retailer must have purchased any incidental item provided to the customer at fair market value;
(d) Any branding on the item must be only that of the licensed retailer, and may not have any brand, logo, or images of product representing a producer or processor;
(e) The value of the incidental item must be less than one U.S. dollar;
(f) Incidental items provided must not be subject or conditional to other purchases as described in WAC 314-55-017(2);
(g) Coupons may not discount the price of a product below the retailer's acquisition cost of the item;
(h) For the purposes of this section, a "giveaway" does not include representative samples of products (edible products and topicals only) carried by a licensed retailer that are not infused with cannabis and are offered to customers on licensed cannabis retail premises for sampling purposes only.
(((5)))(6) Cannabis retail licensees holding a medical cannabis endorsement may donate ((product))or provide free of charge products only to qualifying patients or designated providers who hold a valid recognition card. Retail licensees may ((not))only advertise "free" or "donated" ((product))cannabis concentrates, useable cannabis, or cannabis-infused products identified by the department as a compliant cannabis product in chapter 246-70 WAC and tested to the standards in chapter 246-70 WAC. Retail licensees may only advertise "free" or "donated" products to qualifying patients.
(((6)))(7) Except for outdoor advertising under subsection (((2)))(3) of this section, all advertising must contain the following warnings that must be in type size at least 10 percent of the largest type used in the advertisement:
(a) "This product has intoxicating effects and may be habit forming.";
(b) "Cannabis can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug.";
(c) "There may be health risks associated with consumption of this product."; and
(d) "For use only by adults 21 and older. Keep out of the reach of children."
(((7) For the purposes of this section, the following definitions apply:
(a) "Adult only facility" means:
(i) A location restricted to persons age 21 and older by the LCB or classified by the LCB as off limits to persons under 21 years of age; or
(ii) A venue restricted to persons age 21 and older and where persons under 21 years of age are prohibited from entering or remaining, including employees and volunteers.
(b) "Billboard" means a permanent off-premises sign in a fixed location used, in whole or in part, for the display of off-site commercial messages with a minimum size of five feet in height by 11 feet in width.
(c) "Off-premises sign" means a sign relating, through its message and content, to a business activity, product, or service not available on the premises upon which the sign is erected.))