Cannabis and the Uniform Controlled Substances Act. The Liquor and Cannabis Board (LCB) licenses and regulates persons engaged in the production, processing, or sale of cannabis. Cannabis businesses are regulated under the legal framework established by Initiative 502 and subsequent laws amending the state Uniform Controlled Substances Act (UCSA). Licensed cannabis producers, processors, and retailers may engage in activities expressly authorized in Washington law related to cannabis production, processing, and sales. Cannabis retailers may not sell products other than cannabis products and paraphernalia intended for the storage or use of cannabis products.
Cannabis and tetrahydrocannabinols (THC) are listed as controlled substances in Schedule I of the UCSA. The Pharmacy Quality Assurance Commission separately included marijuana extract as a Schedule I substance, defined as an extract containing one or more cannabinoids derived from any plant of the genus Cannabis, other than the separated resin, whether crude or purified, obtained from the plant. The UCSA specifies that, except as authorized in law, it is unlawful for a person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance. State statutes specify penalties for violations of the UCSA, which vary based on the type of controlled substance, its schedule, and whether the violation is a first or subsequent offense.
Liquor Laws. LCB licenses and regulates persons engaged in the manufacture, importation, distribution, sale, and service of beer, wine, spirits, and other liquor. Liquor businesses are regulated by the Steele Act of 1934 and subsequent laws. Federal law requires a permit or registration from the Alcohol and Tobacco Tax and Trade Bureau to produce, import, or wholesale alcoholic beverages.
Except as otherwise provided in law, liquor licensees or employees may not allow any person to consume any type of cannabis, useable cannabis, or cannabis-infused products in a liquor licensed business, including outdoor service areas or any part of the property owned or controlled by the licensee, and may not allow a person who is consuming or has consumed such products to remain on any part of the licensed premises.
LCB rules specify penalties for violations of liquor statutes and rules based on the category of the violation and whether aggravating or mitigating circumstances exist. Liquor statutes provide that every person guilty of a violation for which no penalty has been specified is subject to the following penalties:
For corporations, a first offense is punishable by a fine of not more than $5,000, and for a second or subsequent offense, by a fine of not more than $10,000, forfeiture of its corporate license, or both.
Cannabis and the Uniform Controlled Substances Act. It is unlawful to manufacture, import, offer, or sell in this state a consumable product that contains cannabis or any form of THC in combination with beer, wine, spirits, or any other type of liquor in the same product.
Liquor Laws. The prohibition above is added to the liquor statutes.
PRO: We do not want to see cannabis in our beer, wine, or other alcohol. This is not a Washington law yet and federal regulations are coming. The larger liquor industry members would go after the ability to combine alcohol and cannabis or THC if the federal government allows it. There are currently products in development. This is a good bill to get in front of this.