H-0557.1
HOUSE BILL 1126
State of Washington
65th Legislature
2017 Regular Session
By Representatives Condotta, Sawyer, and Vick
Read first time 01/11/17. Referred to Committee on Commerce & Gaming.
AN ACT Relating to establishing a deadline for the use and implementation of a marijuana retail license by a licensee; and amending RCW 69.50.325.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.  RCW 69.50.325 and 2016 c 170 s 1 are each amended to read as follows:
(1) There shall be a marijuana producer's license to produce marijuana for sale at wholesale to marijuana processors and other marijuana producers and to produce marijuana plants for sale to cooperatives as described under RCW 69.51A.250, regulated by the state liquor and cannabis board and subject to annual renewal. The production, possession, delivery, distribution, and sale of marijuana in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed marijuana producer, shall not be a criminal or civil offense under Washington state law. Every marijuana producer's license shall be issued in the name of the applicant, shall specify the location at which the marijuana producer intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a marijuana producer's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a marijuana producer's license shall be one thousand dollars. A separate license shall be required for each location at which a marijuana producer intends to produce marijuana.
(2) There shall be a marijuana processor's license to process, package, and label marijuana concentrates, useable marijuana, and marijuana-infused products for sale at wholesale to marijuana processors and marijuana retailers, regulated by the state liquor and cannabis board and subject to annual renewal. The processing, packaging, possession, delivery, distribution, and sale of marijuana, useable marijuana, marijuana-infused products, and marijuana concentrates in accordance with the provisions of this chapter and chapter 69.51A RCW and the rules adopted to implement and enforce these chapters, by a validly licensed marijuana processor, shall not be a criminal or civil offense under Washington state law. Every marijuana processor's license shall be issued in the name of the applicant, shall specify the location at which the licensee intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a marijuana processor's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a marijuana processor's license shall be one thousand dollars. A separate license shall be required for each location at which a marijuana processor intends to process marijuana.
(3)(a) There shall be a marijuana retailer's license to sell marijuana concentrates, useable marijuana, and marijuana-infused products at retail in retail outlets, regulated by the state liquor and cannabis board and subject to annual renewal. The possession, delivery, distribution, and sale of marijuana concentrates, useable marijuana, and marijuana-infused products in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed marijuana retailer, shall not be a criminal or civil offense under Washington state law. Every marijuana retailer's license shall be issued in the name of the applicant, shall specify the location of the retail outlet the licensee intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a marijuana retailer's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a marijuana retailer's license shall be one thousand dollars. A separate license shall be required for each location at which a marijuana retailer intends to sell marijuana concentrates, useable marijuana, and marijuana-infused products.
(b)(i) Except as otherwise provided in (b)(ii) of this subsection, a marijuana retail licensee forfeits a license issued under this section if the licensee fails to establish a retail business that is fully operational and open to the public within two hundred seventy days from the date of the initial issuance of the license by the state liquor and cannabis board. Upon such forfeiture, the licensee loses all rights under the license and is prohibited from operating a marijuana retail business as authorized under this section.
(ii) The state liquor and cannabis board may authorize one extension of the license forfeiture deadline established in this subsection (3)(b) up to a maximum of one hundred eighty days following the expiration of the original deadline. To request an extension, a licensee must file a license extension application with the state liquor and cannabis board in accordance with rules established by the state liquor and cannabis board.
(iii) The state liquor and cannabis board is granted rule-making authority regarding the license forfeiture process, the establishment of administrative procedures for consideration of license extension applications, and the criteria that must be met for licensees to qualify for an extension of the license.
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