Brief Summary of Bill

Makes it a gross misdemeanor for a licensed marijuana retailer to serve or allow any person under 21 years of age to enter or remain in any area of a retail outlet licensed by the Liquor and Cannabis Board (LCB), except for the authorization for qualifying patients who are under 21 years of age with a recognition card.
Makes it misdemeanor for a person under 21 years of age to enter or remain in any retail outlet licensed by the LCB or represent the person's age as being over 21 for the purpose of purchasing marijuana or entering or remaining in a retail outlet licensed by the LCB, except for the authorization for qualifying patients who are under 21 years of age with a recognition card.

Background:

Washington State Initiative 502 (I-502) was a ballot measure approved by Washington voters in November 2012 that: (1) legalized the production, processing, sale, possession, and personal use of marijuana and marijuana-derived products; (2) created a framework for a regulatory scheme to be further developed by the Liquor and Cannabis Board (LCB) through its rule-making authority; and (3) implemented a taxation system for commercial marijuana enterprises.

Within this framework, licensed marijuana retailers may sell limited amounts of useable marijuana, marijuana-infused products, and marijuana concentrates to people 21 years of age or older without committing a criminal or civil offense under Washington law. Likewise, people 21 years of age or older may purchase, possess, and consume limited amounts of useable marijuana, marijuana-infused products, and marijuana concentrates. Licensed marijuana retailers may not employ persons under 21 years of age or allow persons under 21 years of age to enter or remain on the premises of a retail outlet.

Effective July 1, 2016, when the medical marijuana regulatory system is merged with the recreational marijuana system, 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 marijuana endorsement and may purchase products for their personal medical use. Qualifying patients who are under 18 years of age with a recognition card and who accompany their designated providers may enter and remain on the premises of a retail outlet holding a medical marijuana endorsement but may not purchase products for their personal medical use, although the designated provider of such a qualifying patient may purchase products on the qualifying patient's behalf.

Licensed marijuana retailers are responsible for ensuring employees are trained on the LCB's rules, identification of people under 21 years of age, and other requirements adopted by the LCB. Licensed marijuana retailers with a medical marijuana endorsement must also train employees on identification of authorizations and recognition cards. And employees of licensed marijuana retailers with medical marijuana endorsements must receive training in order to permit qualifying patients who hold recognition cards and who are between 18 and 21 years of age to enter the premises and purchase marijuana for their personal medical use and to permit qualifying patients who are under the 18 years of age with a recognition card to enter the premises if accompanied by their designated providers.

The sale of marijuana, marijuana products, or paraphernalia to a person under 21 years of age by a licensed marijuana retailer is a Group 1 violation pursuant to LCB rule. The punishment for a first violation is a 10-day license suspension or a $2,500 fine. The punishment for a second violation within a three-year window is a 30-day license suspension. The punishment for a third violation in a three-year window is cancellation of the marijuana retailer's license. Allowing a minor to frequent a restricted area is punishable by a $1,000 monetary fine.

No specific criminal or civil penalties apply to a person under 21 years of age who is not a qualifying patient with a recognition card and who enters a marijuana retail outlet and attempts to purchase marijuana or marijuana products.

Summary of Bill:

It is a gross misdemeanor to serve or allow any person under 21 years of age to enter or remain in any area of a retail outlet licensed by the LCB, except pursuant to the authorization for qualifying patients with a recognition card.

It is a misdemeanor for a person under 21 years of age to enter or remain in any retail outlet licensed by the LCB or to represent the person's age as being 21 years of age or older for the purpose of purchasing marijuana or entering or remaining in a retail outlet licensed by the LCB, except pursuant to the authorization for qualifying patients with a recognition card.

However, people between 18 and 21 years of age may still participate in a controlled purchase program pursuant to statutory authorization and LCB rules without committing the crime.