WSR 18-09-118 PROPOSED RULES LIQUOR AND CANNABIS BOARD [Filed April 18, 2018, 10:40 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-15-121 on July 19, 2017, and WSR 16-15-035 on July 13, 2016. Title of Rule and Other Identifying Information: WAC 314-55-010 Definitions, 314-55-015 General information about marijuana licenses, 314-55-018 Prohibited practices—Money advances—Contracts—Gifts—Rebates, discounts, and exceptions, etc., 314-55-020 Marijuana license qualifications and application process, 314-55-035 Persons or entities that must qualify for a marijuana license, 314-55-050 Reasons the WSLCB may seek denial, suspension, or cancellation of a marijuana license application or license, 314-55-073 Marijuana research license, 314-55-075 Marijuana producer license—Privileges, requirements, and fees, 314-55-077 Marijuana processor license—Privileges, requirements, and fees, 314-55-079 Marijuana retailer license—Privileges, requirements, and fees, 314-55-080 Medical marijuana endorsement,
314-55-082 Insurance requirements, 314-55-083 Security and traceability requirements for marijuana licensees, 314-55-084 Marijuana plant production, 314-55-087 What are the recordkeeping requirements for marijuana licensees?, 314-55-089 Tax and reporting requirements for marijuana licensees, 314-55-092 Failure to pay excise taxes and late payment of excise taxes, 314-55-095 Marijuana servings and transaction limitations, 314-55-096 Vendor, educational, and internal quality control samples, 314-55-097 Marijuana waste disposal—Liquids and solids, 314-55-102 Quality assurance testing, 314-55-104 Marijuana processor license extraction requirements, 314-55-117 Use of payment services by retailers (new section), 314-55-120 Ownership changes, 314-55-125 Change of location, 314-55-137 Receiverships (new section), 314-55-140 Death or incapacity of a marijuana licensee, 314-55-185 WSLCB right to inspect premises or vehicles associated with a license to produce, process, sell, research, or transport marijuana, 314-55-410 Cooperatives, 314-55-417 Sales of immature plants or clones and seeds from licensed producers to members of cooperatives, qualifying patients, and designated providers (new section), 314-55-525 Group 2 regulatory violations and 314-55-530 Group 3 license violations; and repealing WAC 314-55-081 Who can apply for a marijuana retailer license? Hearing Location(s): On May 30, 2018, at 10:00 a.m., at the Washington State Liquor and Cannabis Board (WSLCB) Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504. Date of Intended Adoption: On or after June 13, 2018. Submit Written Comments to: Joanna Eide, Policy and Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98504, email rules@lcb.wa.gov, fax 360-664-9689, by May 30, 2018. Assistance for Persons with Disabilities: Contact Claris Nnanabu, ADA Coordinator, Human Resources, phone 360-664-1642, fax 360-664-9689, TTY 711 or 1-800-833-6388, email Claris.Nnanabu@lcb.wa.gov, by May 23, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes to cannabis rules in chapter 314-55 WAC as a result of legislation passed during the 2017 legislative session, as well as a number of clarifying, technical, and other needed changes identified by stakeholders and WSLCB staff. Reasons Supporting Proposal: Rule making is necessary to ensure rules are consistent with changes to laws made by the legislature during the 2017 legislative session in ESSB 5131, SB 5130, and HB 1250. Other technical, clarifying, and needed changes to rules identified by staff and stakeholders are addressed, incorporating the CR-101 filed as WSR 16-15-035 into this rule making. Other changes to cannabis rules needed as a result of changes to laws made in the 2017 legislative session (retail license forfeitures) is underway under a separate CR-102, and changes to advertising rules due to 2017 legislative changes to RCW 69.50.369 have already been completed under a separate rule making. Statute Being Implemented: RCW 69.50.325, 69.50.331, 69.50.357, 69.50.369, 69.50.395, and 69.50.372. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: WSLCB, governmental. Name of Agency Personnel Responsible for Drafting: Joanna Eide, Policy and Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98504, 360-664-1622; Implementation: Rebecca Smith, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA 98504, 360-664-1615; and Enforcement: Chief Justin Nordhorn, 30000 [3000] Pacific Avenue S.E., Olympia, WA 98504, 360-664-1726. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis was not required under RCW 34.05.325 because the subject of proposed rule making does not qualify as a significant legislative rule or other rule requiring a cost-benefit analysis under RCW 34.05.328(5). This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; rule content is explicitly and specifically dictated by statute; rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
Explanation of exemptions: This rule proposal incorporates changes needed as a result of 2017 cannabis legislation. Other clarifying, technical, and recommended changes from stakeholders and WSLCB staff are also included. Many changes were specifically directed by statute changes or requested by the regulated industry. Changes to fees are set by statute and all other costs for compliance of any changes to recordkeeping, reporting, and other compliance requirements were determined to be minimal and do not disproportionately impact small businesses. Further, these changes are needed to ensure proper regulation of a controlled substance under state and federal law and costs have been mitigated or reduced as much as possible under the circumstances. April 18, 2018 Jane Rushford Chair
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-010 Definitions.
The following ((are)) definitions apply for the purpose of this chapter((. Other)) in addition to the definitions ((are)) provided in RCW 69.50.101.
(1) "Applicant" or "marijuana license applicant" means any person or business entity who is considered by the WSLCB as a true party of interest in a marijuana license, as outlined in WAC 314-55-035. However, for purposes of determining an application's priority under RCW 69.50.331 (1)(a), only the person or business entity that is applying for the license will be considered the applicant.
(2) "Batch" means a quantity of marijuana-infused product containing material from one or more lots of marijuana.
(3) "Business name" or "trade name" means the name of a licensed business as used by the licensee on signs and advertising.
(4) "Child care center" means an entity that regularly provides child day care and early learning services for a group of children for periods of less than twenty-four hours licensed by the Washington state department of early learning under chapter 170-295 WAC.
(5) "Consultant" means an expert who provides advice or services in a particular field, whether a fee is charged or not. A consultant who is in receipt of, or has the right to receive, a percentage of the gross or net profit from the licensed business during any full or partial calendar or fiscal year is a true party of interest and subject to the requirements of WAC 314-55-035. A consultant who exercises any control over an applicant's or licensee's business operations is also subject to the requirements of WAC 314-55-035(4).
(6) "Cooperative" means a group of more than one, but no more than four qualified medical marijuana patients and/or designated providers who share responsibility for growing and processing marijuana only for the medical use of the members of the cooperative.
(7) "Domicile" means a person's true, fixed, primary permanent home and place of habitation and the tax parcel on which it is located. It is the place where the person intends to remain and to which the person expects to return when the person leaves without intending to establish a new domicile elsewhere.
(8) "Elementary school" means a school with a physical location for early education that provides the first four to eight years of basic education and recognized by the Washington state superintendent of public instruction.
(9) "Employee" means any person performing services on a licensed premises for the benefit of the licensee whether or not such person is compensated by the licensee.
(10) "End product" means a marijuana product that requires no further processing prior to retail sale.
(11) "Financier" means any person or entity, other than a banking institution, ((that has made or will make an investment in the licensed business. A financier can be a person or entity)) that provides money as a gift((,)) or loans money to the applicant/business and expects to be paid back the amount of the loan with or without reasonable interest((, or expects any percentage of the profits from the business in exchange for a loan or expertise)).
(((11))) (12) "Game arcade" means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under twenty-one years of age are not restricted.
(((12))) (13) "Harvest" means the marijuana plant material derived from plants of the same strain that were cultivated at the same licensed location and gathered at the same time.
(14) "Immature plant or clone" means a marijuana plant or clone that has no flowers, is less than twelve inches in height, and is less than twelve inches in diameter.
(15) "Intermediate product" means marijuana flower lots or other material lots that have been converted by a marijuana processor to a marijuana mix lot, marijuana concentrate or marijuana-infused product that must be or are intended to be converted further ((processed prior to retail sale)) to an end product.
(((13))) (16) "Library" means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation.
(((14))) (17) "Licensed premises" means all areas of a premises where the licensee has leasehold rights as listed in the property lease submitted to the board. Any vehicle assigned for the purposes of transporting marijuana, usable marijuana, marijuana concentrates, or marijuana-infused products shall be considered an extension of the licensed premises.
(((15))) (18) "Licensee" or "marijuana licensee" means any person or entity that holds a marijuana license, or any person or entity who is a true party of interest in a marijuana license, as outlined in WAC 314-55-035.
(((16))) (19) "Lot" means either of the following:
(a) The flowers from one or more marijuana plants of the same strain. A single lot of flowers cannot weigh more than five pounds; or
(b) The trim, leaves, or other plant matter from one or more marijuana plants. A single lot of trim, leaves, or other plant matter cannot weigh more than fifteen pounds.
(((17))) (20) "Marijuana strain" means a pure breed or hybrid variety of Cannabis reflecting similar or identical combinations of properties such as appearance, taste, color, smell, cannabinoid profile, and potency.
(((18))) (21) "Marijuana mix" means an intermediate lot that contains multiple strains of usable marijuana and is chopped or ground so no particles are greater than 3 mm.
(22) "Marijuana mix infused" or "mix infused" means an end product that contains marijuana mix and may contain other intermediate products or usable marijuana.
(23) "Marijuana mix packaged" or "mix packaged" means an end product containing only marijuana mix and no other product types.
(24) "Member," except as that term is used in relation to registered cooperatives, means a principal or governing person of a given entity, including but not limited to: LLC member/manager, president, vice president, secretary, treasurer, CEO, director, stockholder, partner, general partner, limited partner. This includes all spouses of all principals or governing persons named in this definition and referenced in WAC 314-55-035.
(((19))) (25) "Paraphernalia" means items used for the storage or use of usable marijuana, marijuana concentrates, or marijuana-infused products, such as, but not limited to, lighters, roach clips, pipes, rolling papers, bongs, and storage containers. Items for growing, cultivating, and processing marijuana, such as, but not limited to, butane, lights, and chemicals are not considered "paraphernalia."
(((20))) (26) "Pesticide" means, but is not limited to: (a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest; (b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; and (c) any spray adjuvant. Pesticides include substances commonly referred to as herbicides, fungicides, insecticides, and cloning agents.
(((21))) (27) "Perimeter" means a property line that encloses an area.
(((22))) (28) "Plant" means a marijuana plant.
(((23))) (29) "Plant canopy" means the square footage dedicated to live plant production, such as maintaining mother plants, propagating plants from seed to plant tissue, clones, vegetative or flowering area. Plant canopy does not include areas such as space used for the storage of fertilizers, pesticides, or other products, quarantine, office space, etc.
(((24))) (30) "Playground" means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, ((or)) federal government, or metropolitan park district.
(((25))) (31) "Product(s) otherwise taken into the body" means a marijuana-infused product for human consumption or ingestion intended for uses other than inhalation, oral ingestion, or external application to the skin.
(32) "Public park" means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government, or metropolitan park district. Public park does not include trails.
(((26))) (33) "Public transit center" means a facility located outside of the public right of way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers.
(((27))) (34) "Recreation center or facility" means a supervised center that provides a broad range of activities and events intended primarily for use by persons under twenty-one years of age, owned and/or managed by a charitable nonprofit organization, city, county, state, ((or)) federal government, or metropolitan park district.
(((28))) (35) "Residence" means a person's address where he or she physically resides and maintains his or her abode.
(((29))) (36) "Secondary school" means a high and/or middle school with a physical location: A school for students who have completed their primary education, usually attended by children in grades seven to twelve and recognized by the Washington state superintendent of public instruction.
(((30))) (37) "Selling price" means the same meaning as in RCW 82.08.010, except that when the product is sold under circumstances where the total amount of consideration paid for the product is not indicative of its true value. Selling price means the true value of the product sold as determined or agreed to by the WSLCB. For purposes of this subsection:
(a) "Product" means marijuana, marijuana concentrates, usable marijuana, ((and)) or marijuana-infused products; and
(b) "True value" means market value based on sales at comparable locations in the state of the same or similar product of like quality and character sold under comparable conditions of sale to comparable purchasers. In the absence of such sales of the same or similar product, true value means the value of the product sold as determined by all of the seller's direct and indirect costs attributed to the product.
(((31))) (38) "Unit" means an individually packaged marijuana-infused solid or liquid product meant to be eaten or swallowed, not to exceed ten servings or one hundred milligrams of active tetrahydrocannabinol (THC), or Delta 9.
(((32))) (39) "WSLCB" means the Washington state liquor and cannabis board.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-015 General information about marijuana licenses.
(1) A person or entity must meet certain qualifications to receive a marijuana license, which are continuing qualifications ((in order)) required to maintain the license.
(2) All applicants and employees working in each licensed establishment must be at least twenty-one years of age. No one under twenty-one years of age is allowed to enter or remain on a marijuana licensed premises except as provided in RCW 69.50.357.
(3) Minors restricted signs must be posted at all marijuana licensed premises.
(4) A marijuana license applicant may not exercise any of the privileges of a marijuana license until the WSLCB approves the license application.
(5) The WSLCB will not approve any marijuana license for a location where law enforcement access, without notice or cause, is limited. This includes a personal residence.
(6) The WSLCB will not approve any marijuana license for a location on federal lands.
(7) The WSLCB will not approve any marijuana license within the exterior boundaries of the reservation of a federally recognized tribe without the express written consent of the tribe. If a tribe receives written notice from the WSLCB of a license application or change request under RCW 69.50.331 and the tribe does not respond to the WSLCB within thirty days of the date of that notice, the WSLCB will assume the tribe does not consent to the location of the applicant or licensee and the applicant or licensee must find a different location.
(8) The WSLCB will not approve any marijuana retailer license for a location within another business with the exception of the research license consistent with WAC 314-55-073. More than one license ((could)) may be located in the same building if each licensee has their own area separated by full walls with their own entrance, or if the same business entity holds a producer license and a processor license at the same location under a single license number. Product may not be commingled.
(((8))) (9) Every marijuana licensee must post and keep posted its license, or licenses, and any additional correspondence containing conditions and restrictions imposed by the WSLCB in a conspicuous place on the premises.
(((9))) (10) In approving a marijuana license, the WSLCB reserves the right to impose special conditions as to the involvement in the operations of the licensed business of any former licensees, their former employees, or any person who does not qualify for a marijuana license.
(((10))) (11) A marijuana producer, processor or retailer licensed by the WSLCB must conduct the production, processing, storage, and sale of marijuana-infused products using sanitary practices.
(((11) A marijuana processor licensed by the board must ensure marijuana-infused edible processing facilities are constructed, kept, and maintained in a clean and sanitary condition in accordance with rules and as prescribed by the Washington state department of agriculture under chapters 16-165 and 16-167 WAC.))
(12) Marijuana licensees may not allow the consumption of marijuana or marijuana-infused products on or within the licensed premises.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-018 Prohibited practices—Money advances—Contracts—Gifts—Rebates, discounts, and exceptions, etc.
(1) No industry member or ((marijuana retailer)) licensee shall enter into any agreement which causes undue influence over another ((retailer)) licensee or industry member. This rule shall not be construed as prohibiting the placing and accepting of orders for the purchase and delivery of marijuana that are made in accordance with usual and common business practice and that are otherwise in compliance with ((the rules)) chapter 69.50 RCW and this chapter.
(2) No marijuana producer or processor shall advance and no marijuana licensee shall receive money or moneys' worth under an agreement written or unwritten or by means of any other business practice or arrangement such as:
(a) Gifts;
(b) Discounts, except for volume discounts as provided in this section;
(c) Loans of money;
(d) Premiums;
(e) Rebates;
(f) Free product of any kind except as allowed by WAC ((314-55-083)) 314-55-096 and RCW 69.50.585; or
(g) Treats or services of any nature whatsoever except such services as are authorized in this ((rule)) section and under RCW 69.50.585.
(3) "Industry member" means a licensed marijuana producer, marijuana processor, marijuana retailer, marijuana transportation licensee, marijuana research licensee, their authorized representatives, and including, but not limited to, any affiliates, subsidiaries, officers, partners, financiers, agents, employees, and representatives of any ((industry member)) licensee.
(4) Consistent with WAC 314-55-017, no industry member or employee thereof shall sell to any marijuana licensee or solicit from any such licensee any order for any marijuana tied in with, or contingent upon, the licensee's purchase of some other marijuana, or any other merchandise, paraphernalia, property, or service.
(5) Volume discounts. Licensed marijuana producers or processors may provide volume discounts to marijuana licensees under the following conditions:
(a) Volume discounts must be solely based on the volume of the product purchased by a retailer from a producer or processor, or on the volume of product purchased by a processor from a producer. The limitations on interactions between the levels of licenses remains in effect, including the prohibition on undue influence, sales below cost of acquisition, or as otherwise prohibited under this section and this chapter.
(b) Any volume discount must be made available to all licensees.
(c) Volume discounts must be made in a single purchase. Volume discounts may not be offered to multiple licensees for a "group" or "co-op" purchase except where the purchase is being made by a business that holds multiple licenses so long as the UBI is the same for each licensed business.
(6) If the WSLCB finds in any instance that any licensee has violated this ((regulation)) section, then all licensees involved in the violation shall be held equally responsible ((for such violation)).
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-020 Marijuana license qualifications and application process.
Each marijuana license application is unique and investigated individually. The WSLCB may inquire and request documents regarding all matters in connection with the marijuana license application. The application requirements for a marijuana license include, but are not ((necessarily)) limited to, the following:
(1) ((Per)) Consistent with RCW 69.50.331 (7) and (10), the WSLCB shall send a notice to cities and counties, ((and may send a notice to)) tribal governments ((or)), and port authorities regarding the marijuana license application within said jurisdiction. The local authority, tribal government, or port authority has twenty days to respond with a recommendation to approve the application or an objection to the applicant, location, or both.
(2) Consistent with RCW 69.50.331 (8)(e), the WSLCB shall send a notice to tribal governments when an applicant or licensee is proposed to be located within the exterior boundaries of the reservation of a federally recognized Indian tribe. The tribal government will have twenty days to respond with an approval to the application. If written approval is not received within thirty days, the WSLCB will assume the tribe does not consent to the applicant's location and the applicant must find a new location.
(3) Applicants for a new marijuana producer, processor, ((or)) retailer, transportation, or research license and those who apply to change their location must display a sign provided by the WSLCB on the outside of the premises to be licensed notifying the public that the premises are subject to an application for a marijuana license. Posting notices must occur within seven days of submitting the location confirmation form for new licenses or the change of location application for existing licensees. The WSLCB may check for compliance with this requirement at its discretion. The sign must:
(a) Not be altered. The licensee must post the sign sent by the WSLCB without changing, adding, or subtracting from the text;
(b) Be conspicuously displayed on, or immediately adjacent to, the premises subject to the application and in the location that is most likely to be seen by the public;
(c) Be of a size sufficient to ensure that it will be readily seen by the public, at a minimum these signs must be eight and one-half by eleven inches;
(d) Be posted within seven business days of the date the notice is sent to the applicant by the WSLCB; and
(e) The notice must be posted for fourteen consecutive days.
(((3) The WSLCB will use a priority system to determine the order that marijuana retailers are licensed.
(a) First priority is given to applicants who:
(i) Applied to the state liquor and cannabis board for a marijuana retail license prior to July 1, 2014. To meet this qualification, the applicant must provide the WSLCB a copy of the master business license from department of revenue business licensing service showing the applicant applied for a retail marijuana license prior to July 1, 2014;
(ii) Operated or were employed by a collective garden before January 1, 2013. To meet this qualification, the applicant must provide the WSLCB with a copy of the master business from department of revenue business licensing service showing the applicant owned a collective garden prior to January 1, 2013, or a pay stub or tax information indicating that the applicant was employed by a collective garden prior to January 1, 2013;
(iii) Have maintained a state business license and municipal business license, as applicable in the relevant jurisdiction. To meet this qualification, the applicant must provide the WSLCB a copy of the master business license from department of revenue business licensing service and copies of municipal business licenses from January 1, 2013, through the date of application; and
(iv) Have had a history of paying all applicable state taxes and fees. To meet this qualification, the applicant must provide the WSLCB evidence from the department of revenue, department of labor and industries, and the employment security department that the entity is up to date on all applicable state taxes since January 1, 2013, and that they have paid all applicable fees to the WSLCB for all businesses they are engaged in since January 1, 2013.
(b) Second priority is given to applicants who:
(i) Operated or were employed by a collective garden before January 1, 2013. To meet this qualification, the applicant must provide the WSLCB a copy of the master business license from department of revenue business licensing service showing the applicant owned a collective garden prior to January 1, 2013, or a pay stub or tax information indicating that the applicant was employed by a collective garden prior to January 1, 2013;
(ii) Have maintained a state business license and municipal business license, as applicable in the relevant jurisdiction. To meet this qualification, the applicant must provide the WSLCB a copy of the master business license from department of revenue business licensing service and copies of municipal business licenses from January 1, 2013, through the date of application; and
(iii) Have had a history of paying all applicable state taxes and fees. To meet this qualification, the applicant must provide the WSLCB evidence from the department of revenue, the department of labor and industries, and the employment security department that the entity is up to date on all applicable state taxes since January 1, 2013, and that they have paid all applicable fees to the WSLCB for all businesses they are engaged in since January 1, 2013, for all businesses they are engaged in since January 1, 2013.
(c) Third priority is given to all other applicants who do not meet the qualifications and experience identified for priority one or two.))
(4) All marijuana ((retail)) license applicants must meet the qualifications required by the WSLCB before they will be granted a license ((regardless of priority)).
(5) The WSLCB will verify that the proposed business meets the minimum requirements for the type of marijuana license requested.
(6) The WSLCB will conduct an investigation of the applicants' criminal history and administrative violation history, per WAC 314-55-040 and 314-55-045.
(a) The criminal history background check will consist of completion of a personal/criminal history form provided by the WSLCB and submission of fingerprints to a vendor approved by the WSLCB. The applicant will be responsible for paying all fees required by the vendor for fingerprinting. These fingerprints will be submitted to the Washington state patrol and the Federal Bureau of Investigation for comparison to their criminal records. The applicant will be responsible for paying all fees required by the Washington state patrol and the Federal Bureau of Investigation.
(b) Financiers will also be subject to criminal history investigations equivalent to that of the license applicant. Financiers will also be responsible for paying all fees required for the criminal history check.
(7) The WSLCB will conduct a financial investigation in order to verify the source of funds used for the acquisition and startup of the business, the applicants' right to the real and personal property, and to verify the true party(ies) of interest.
(8) The WSLCB may require a demonstration by the applicant that they are familiar with marijuana laws and rules.
(9) The WSLCB may conduct ((a final)) an inspection of the proposed or currently licensed business location, ((in order)) to determine if the applicant has complied with all the requirements of the license or change to the license or premises requested.
(10) ((Per)) Under RCW 69.50.331 (1)(c), all applicants applying for a marijuana license must have resided in the state of Washington for at least six months prior to application for a marijuana license. All business entities including, but not limited to, partnerships, employee cooperatives, associations, nonprofit corporations, corporations and limited liability companies, applying for a marijuana license must be formed in Washington. All members, governors, or agents of business entities must also meet the six month residency requirement. Managers or agents who manage a licensee's place of business must also meet the six month residency requirement.
(11) ((Submission of an operating plan that demonstrates the applicant is qualified to hold the marijuana license applied for to the satisfaction of the WSLCB. The operating plan shall include the following elements in accordance with the applicable standards in the Washington Administrative Code (WAC).
(12))) (a) As part of the application process, each applicant must submit ((in a format supplied by the WSLCB)) an operating plan ((detailing the following as it pertains)) outlining required elements for the location as provided in this chapter pertaining to the license type being sought. The operating plan must be submitted using an operating plan format supplied by the WSLCB. This operating plan must also include a floor plan or site plan drawn to scale which illustrates the entire operation being proposed. ((The operating plan must include the following information:
(b) After obtaining a license, the license holder must notify the WSLCB in advance of any change in their operating plan. Prior approval is required before the change ((is)) may be implemented.
(((13))) (12)(a) ((In order)) To aid the WSLCB in monitoring the industry as it develops, the WSLCB requests that all applicants and licensees seeking renewal provide the following information:
(b) Employees compensation and benefits data.
(i) Will the applicant/licensee provide a living wage (at least one hundred fifty percent of the state minimum wage) to eighty-five percent or more of its hourly employees?
(ii) Will the applicant/licensee provide health insurance to at least eighty-five percent of its hourly employees?
(iii) Will the applicant/licensee provide a defined benefit pension plan to at least eighty-five percent of its hourly employees?
(iv) Will the applicant/licensee provide five or more paid sick days annually to at least eighty-five percent of its hourly employees?
(v) Is there a signed labor peace agreement or collective bargaining agreement with a labor organization in place?
(((14))) (13) Applicants applying for a marijuana license must be current in any tax obligations to the Washington state department of revenue and other state agencies, as an individual or as part of any entity in which they have an ownership interest. Applicants must sign an attestation that, under penalty of denial or loss of licensure, that representation is correct.
(((15))) (14) The issuance or approval of a license shall not be construed as a license for, or an approval of, any violations of local rules or ordinances including, but not limited to: Building and fire codes, zoning ordinances, and business licensing requirements.
(((16))) (15) Upon failure to respond to the WSLCB licensing and regulation division's requests for information and/or documentation within the timeline provided, the application may be administratively closed or denial of the application will be sought.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-035 ((What)) Persons or entities ((have to)) that must qualify for a marijuana license((?)).
A marijuana license must be issued in the name(s) of ((the)) all true party(ies) of interest for the license.
(1) True parties of interest(( -)). For purposes of this title, "true party of interest" means a person or business entity that holds an ownership interest in the marijuana license, has management or control of marijuana business activities under the license, or receives a share of the net profits of the marijuana business. The following true parties of interest must be qualified to be listed on the license, including residency requirements:
(2) For purposes of this section, "true party of interest" does not mean:
(a) A person or entity receiving reasonable payment for rent on a fixed basis under a bona fide lease or rental obligation, unless the lessor or property manager exercises control over or participates in the management of the business.
(b) A person who receives a bonus as an employee, if: The employee is on a fixed wage or salary and the bonus is not more than twenty-five percent of the employee's prebonus annual compensation; or the bonus is based on a written incentive/bonus program that is not out of the ordinary for the services rendered.
(c) An employee of a licensee receiving commission-based compensation consistent with this subsection.
(i) Commission-based compensation based on an individual employee's product sales performance is permissible for employees of producers and processors only and will not make the employee receiving commission-based compensation a true party of interest so long as the commission-based compensation arrangement does not create a default true party of interest relationship.
(ii) Commission-based compensation arrangements between a licensee and its employee must be in writing.
(iii) No more than five percent of the gross profits of the business may be given to any one employee under a commission-based compensation arrangement.
(iv) An employee of a licensee that operates under a commission-based compensation arrangement must be listed as an employee of the licensee with the Washington state employment security department.
(d) A person or entity contracting with the applicant(s) to sell the property, unless the contract holder exercises control over or participates in the management of the licensed business.
(e) A consultant receiving flat or hourly rate compensation under a written contractual agreement so long as the consultant does not receive any percentage of profits or interest in the licensed business or management or control of the licensed business such that would indicate or create a true party of interest relationship.
(3) Financiers(( -)). A financier is a person or entity other than a financial institution that supplies capital or financial support to a marijuana licensee. Such financial relationships are limited to loans with reasonable interest or gifts of funds.
(a) A financier may not receive an ownership interest, control of the business, or a profit-sharing interest or percentage of the profits in exchange for financial support.
(b) Washington state residency requirements do not apply to financiers, but all financiers must be United States residents.
(c) The WSLCB will conduct a financial investigation as well as a criminal background of financiers and all funds must be approved by the WSLCB prior to transfer to the marijuana licensee.
(4) Persons who exercise control of business(( -)). The WSLCB will conduct an investigation of any person or entity who exercises any control over the applicant's business operations. This may include ((both)) a financial investigation ((and/or)), a criminal history background, or both. Any changes to ownership after licensure must follow the requirements set forth in WAC 314-55-120.
(5) After licensure, ((a true party of interest, including financiers,)) licensees must continue to disclose the source of funds for all moneys invested in the licensed business. The WSLCB must approve ((these)) all funds prior to investing them into the business. Licensees are also responsible for notifying the WSLCB and receiving approval of any changes in ownership prior to the changes being made as provided in WAC 314-55-120.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-050 Reasons the WSLCB may seek denial, suspension, or cancellation of a marijuana license application or license.
Following is a list of reasons the WSLCB may deny, suspend, or cancel a marijuana license application or license. Per RCW 69.50.331, the WSLCB has broad discretionary authority to approve or deny a marijuana license application for reasons including, but not limited to, the following:
(1) Failure to meet qualifications or requirements for the specific marijuana ((producer, processor, or retail)) license, as outlined in this chapter and chapter 69.50 RCW.
(2) Failure or refusal to submit information or documentation requested by the WSLCB during the evaluation process.
(3) The applicant makes a misrepresentation of fact, or fails to disclose a material fact to the WSLCB during the application process or any subsequent investigation after a license has been issued.
(4) Failure to meet the criminal history standards outlined in WAC 314-55-040.
(5) Failure to meet the marijuana law or rule violation history standards outlined in WAC 314-55-045.
(6) The source of funds identified by the applicant to be used for the acquisition, startup and operation of the business is questionable, unverifiable, or determined by the WSLCB to be gained in a manner which is in violation by law.
(7) Denies the WSLCB or its authorized representative access to any place where a licensed activity takes place or fails to produce any book, record or document required by law or WSLCB rule.
(8) Has been denied or had a marijuana license or medical marijuana license suspended or canceled in another state or local jurisdiction.
(9) Where the city, county, tribal government, or port authority has submitted a substantiated objection per the requirements in RCW 69.50.331 (7) and (10).
(10) Except as provided in subsection (11) of this section, the WSLCB shall not issue a new marijuana license if the proposed licensed business is within one thousand feet of the perimeter of the grounds of any of the following entities. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the entities listed below:
(a) Elementary or secondary school;
(b) Playground;
(c) Recreation center or facility;
(d) Child care center;
(e) Public park;
(f) Public transit center;
(g) Library; or
(h) Any game arcade (where admission is not restricted to persons age twenty-one or older).
(11)(a) A city or county may by local ordinance permit the licensing of marijuana businesses within one thousand feet but not less than one hundred feet of the facilities listed in subsection (10) of this section except elementary and secondary schools, and playgrounds.
(b) If a licensee applies for a marijuana license at a location less than one thousand feet of a recreation center or facility, child care center, public park, public transit center, library, or game arcade, the licensee must provide the WSLCB with a copy of the local ordinance that describes the distance required by the city or county the facility will be located.
(12) Has failed to pay taxes or fees required under chapter 69.50 RCW or failed to provide production, processing, inventory, sales and transportation reports to documentation required under this chapter.
(13) Failure to submit an attestation that they are current in any tax obligations to the Washington state department of revenue.
(14) Has been denied a liquor or marijuana license or had a liquor license or marijuana license suspended or revoked in this or any other state.
(15) The operating plan does not demonstrate, to the satisfaction of the WSLCB, the applicant is qualified for a license.
(16) Failure to operate in accordance with the WSLCB approved operating plan.
(17) The WSLCB determines the issuance of the license will not be in the best interest of the welfare, health, or safety of the people of the state.
AMENDATORY SECTION (Amending WSR 17-04-038, filed 1/25/17, effective 2/25/17)
WAC 314-55-073 Marijuana research license.
A marijuana research license allows a holder of the license to produce, process, and possess marijuana for the limited research purposes provided in RCW 69.50.372. The WSLCB designates a scientific reviewer (reviewer) to review research applications and make recommendations for the approval or denial of research projects and to assess licensed research activities. The following provisions are in addition to the requirements for marijuana research licensees provided in RCW 69.50.372.
(1) Eligibility and continuing requirements for research license applications, prohibitions and restrictions.
(a) Other than the restrictions listed in this subsection, any person, organization, agency, or business entity may apply for a marijuana research license.
(b) Other marijuana licensees may apply for a research license. Facilities at which the research is conducted must be wholly separate and distinct from the marijuana business, except:
(i) Licensed producers with a research license and approved research project may grow marijuana plants or possess marijuana for research purposes at the producer's licensed premises. However, all marijuana grown or possessed for research purposes or purposes other than those related to the research project must be kept wholly separated and distinct from commercial operations and must not be comingled with or diverted to marijuana grown for commercial purposes or purposes other than those related to the research project; and
(ii) Licensed processors with a research license and approved research project may possess marijuana for research purposes at the processors licensed premises. However, all marijuana possessed for research purposes must be kept wholly separated and distinct from all marijuana possessed for commercial purposes or purposes other than those related to the research project and must not be comingled with or diverted to marijuana possessed for commercial purposes or purposes other than those related to the research project. Licensed processors who do not also hold a producer license may not grow marijuana plants for the purposes of research under a research license at the processor's licensed location.
(c) Labs certified to perform quality assurance testing on marijuana and marijuana products by the WSLCB may apply for a research license. Certified labs with a research license and approved research project must ensure that all marijuana possessed for research purposes is wholly separated from and is not comingled with marijuana possessed for state required testing purposes for licensed producers or processors or marijuana possessed for any reason other than research purposes.
(d) All research license applicants and persons conducting research under the research license must be twenty-one years of age or older.
(e) All research license applicants and those persons that have managing control over an organization, agency, or business entity must pass a criminal background check and financial investigation prior to being eligible to receive a research license.
(f) Except as otherwise provided by chapter 69.50 RCW and agency rule, no applicant for a research license may possess any marijuana plants or marijuana for research purposes unless and until the research project is approved and the applicant is notified that the research license is approved in writing by the WSLCB.
(g) No research licensee may conduct research unless and until the research project is approved by the reviewer and the WSLCB in writing.
(2) Initial applications.
(a) Application made with business licensing services (BLS).
(i) Applicants for a research license must apply through BLS to begin the application process for a research license.
(ii) Upon submitting an application for a research license through BLS, the applicant will receive an application letter from the WSLCB directing the applicant to submit the additional application materials directly to the WSLCB's designated scientific reviewer (reviewer).
(A) The applicant must submit complete and accurate additional application materials directly to the reviewer within thirty days of the date of the application letter from the WSLCB or by the date indicated on the application letter. It is the responsibility of the research license applicant to comply with the application requirements in this section and ensure the application is complete, accurate, and successfully submitted to the reviewer.
(B) Incomplete or incorrect additional application materials, materials that do not adhere to the content requirements in this section, or materials not received by the reviewer by 5:00 p.m. on the 30th day or the application date as indicated on the letter from the WSLCB will not be considered by the reviewer and the WSLCB will withdraw the application after receiving notice in writing from the reviewer.
(b) Additional application materials requirements.
(i) Application materials that do not adhere to the content requirements in this section or incomplete or incorrect applications will be withdrawn.
(ii) The applicant is responsible for ensuring that no information is included in the research plan that may compromise the applicant's ability to secure patent, trade secret, or other intellectual property protection. All application documents must be submitted by a person who has the legal authority to represent the entity if the applicant is an entity other than an individual person.
(iii) All documents must be submitted to the reviewer in a legible PDF format.
(iv) All of the following information and documents are required for each initial application:
(A) A completed cover page form, marijuana research license application form, and signature page form created by the WSLCB and available at the WSLCB's web site at www.lcb.wa.gov.
(B) A research plan limited to ((four)) eight pages, not including references or citations, that includes the following information:
(I) Purpose and goal(s) of the proposed research project(s);
(II) Key milestones and timelines for the research project(s);
(III) Background and preliminary studies;
(IV) Amount of marijuana to be grown, if applicable, including the justification with respect to milestone tasks;
(V) Anticipated cost of the proposed research project(s) and funding available for the work. The scientific reviewer may request additional information or ask clarifying questions about the cost of the proposal to determine whether the budget meets the scope and design of the proposed project;
(VI) Key personnel and organizations, including names and roles;
(VII) Facilities, equipment, and other resources required and available for conducting the proposed research project(s).
(C) A biosketch for each individual involved in executing the proposed research project limited to two pages per individual performing technical and administrative functions essential to performing the proposed research, including proof that the individual is twenty-one years of age or older. Biosketches must be prepared using the National Institutes of Health (NIH) biographical sketch format, available at http://grants.nih.gov/grants/forms/new-renewal-revisions.htm.
(D) Letters of support limited to two pages per letter confirming the commitment of time and resources from external personnel or organizations if external personnel or organizations will participate in research activities under an approved research project. Letters of support are required to confirm the commitment of time and resources from personnel involved in the proposed research project(s) who are not employed at the applicant organization. Letters of support must include specific details regarding the type(s) and magnitude of the time and resources being committed to the proposed research project(s) and must be signed by individuals having the authority to make such commitments.
(E) For all project(s) involving human or animal subjects, documentation of all required institutional review board (IRB) or institutional animal care and use committee (IACUC) approvals. Documents must be provided on IRB or IACUC letterhead and be signed by authorized officials of those regulatory bodies.
(v) Documents that do not conform to the requirements in subsection (b) of this section may be withdrawn. All nonform documents must conform to the following requirements:
(A) Eight and one-half by 11-inch portrait-oriented page dimensions;
(B) Single-spaced with all margins measuring at least one inch; and
(C) At least 12-point font in Times New Roman or Arial, not proportionately reduced.
(c) Review by the WSLCB's designated scientific reviewer.
(i) If the applicant submits application materials to the reviewer by the required deadline specified by the WSLCB's application letter and the reviewer determines the additional application materials are complete and meet the document requirements specified in this section, the reviewer will proceed with reviewing the research project to evaluate whether the project complies with the provisions of RCW 69.50.372 (1) and (2). The scientific reviewer may require the applicant to provide additional information if the scientific reviewer determines that more information is necessary to complete the review.
(ii) When evaluating research projects, the reviewer must:
(A) Ensure confidentiality; ((and))
(B) Screen members of the reviewer panel for any conflicts of interest and take appropriate measures if a conflict of interest is identified;
(C) Review all information, including the budget, to evaluate whether the scope and design of the proposed project matches the budget and resources of the applicant; and
(D) The scientific reviewer may require the applicant to submit to a site inspection. The site inspection may occur after the initial review and before the license is issued to evaluate the adequacy of the location, facilities, or equipment to complete the proposed project.
(iii) The reviewer will assess fees for the review of the research project proposal directly to the applicant pursuant to RCW 69.50.372(7). The reviewer will not recommend approval of an application for any research license for which an unpaid balance of fees to the reviewer is due regardless of the recommendation of the reviewer regarding the sufficiency of the research project.
(iv) If at any time during the process of review the reviewer finds that the additional application materials are not complete, the reviewer will notify the WSLCB in writing and the WSLCB will withdraw the application.
(v) The reviewer will supply a written evaluation to the WSLCB in writing after completing review of the research project. Evaluations will provide the approval recommendation status; determination(s) of the applicable research category or categories; and, as applicable, the reasons for a "Not Approved" recommendation. The WSLCB will provide written evaluations to applicants following completion of the review process by the reviewer along with the WSLCB's approval or denial of the research license.
(d) WSLCB requirements and licensing process. If the reviewer indicates the application for a research license should be approved, the following requirements must be met prior to final approval of the license by the WSLCB.
(i) The WSLCB will request criminal background and financial information from the research license applicant and evaluate the applicant(s) pursuant to the standards and requirements established in WAC 314-55-020 except that research license applicants are not subject to prioritization under subsection (3) of that section;
(ii) Funding of the proposed research must be disclosed by the applicant(s) in amount, timing and source(s). Funding sources may include organizational resources and individuals and organizations that are not part of the person, organization, agency, or business entity applying for the research license. Out-of-state resources may be included, but must be identified;
(iii) The applicant(s) must adhere to the notice posting requirements under WAC 314-55-020;
(iv) The applicant must demonstrate access to and proficiency with the traceability system; and
(v) The applicant must meet facility security requirements as provided in WAC 314-55-083 prior to being granted a license.
(3) Research license withdrawal and denials.
(a) The WSLCB will withdraw an application if:
(i) The application or additional application materials are determined incomplete or incorrect by the WSLCB or its designated reviewer;
(ii) The additional application materials are not timely received by the reviewer as provided in this section; or
(iii) The applicant(s) request withdrawal of a research license application at any time in the application process. The applicant must request the withdrawal in writing and is responsible for any review costs due to the reviewer. The voluntary withdrawal of a research license application does not result in a hearing right.
(b) The WSLCB will deny a research license if:
(i) The scientific reviewer does not recommend approval of the license after reviewing the research proposal for compliance with this section or RCW 69.50.372;
(ii) The applicant does not meet the requirements for a license under this section or RCW 69.50.372; or
(iii) The applicant provides false or misleading information in any of the materials it submits to the WSLCB or the reviewer.
(c) If the WSLCB denies a research application for the reasons provided in (b)(iii) of this subsection or for failing to meet criminal history or administrative violations requirements under this section, the applicant(s) is prohibited from reapplying for a research license for one calendar year from the date of the WSLCB's denial of the license.
(d) A person or entity that has outstanding unpaid review fees owing to the scientific reviewer is prohibited from reapplying for a research license until all review fees are paid to the scientific reviewer.
(4) Reporting required.
(a) The WSLCB or the WSLCB's designated reviewer may require reporting by or auditing of research licensees as necessary.
(b) The WSLCB's designated reviewer must submit an annual status report of all completed and ongoing research projects for the previous year to the WSLCB by December 31st of each calendar year.
(c) The licensee must adhere to the reporting requirements in the traceability system under WAC 314-55-083.
(d) The reviewer must immediately notify the WSLCB if it receives information indicating that a research licensee is operating outside the scope of the projects approved under a research license.
(5) Adding an additional research project or changing existing approved research project process (after licensure).
(a) A research licensee is restricted to only those research activities under a research project that has been reviewed and approved by reviewer.
(b) Applications to add a new project or change an existing approved project is the same as what is required for initial application except that a new license application through BLS is not required. To apply to add a new research project or change an existing approved project, a research licensee must submit all materials to the reviewer as required under subsection (2)(b) of this section. Incomplete project applications will not be considered.
(c) The reviewer will review the application for a new research project or change to an existing approved research project pursuant to subsection (2)(c) of this section. The reviewer will supply a written evaluation to the WSLCB and the licensee in writing after completing review of the application for a new research project or a change to an existing approved research project. Evaluations will provide the approval recommendation status; determination(s) of the applicable research category or categories; and, as applicable, the reasons for a "Not Approved" recommendation.
(6) Research license renewals.
(a) Research license renewals operate on an annual basis, based on the license issuance date. A licensee must have an ongoing approved research project or an application for a new research project to be eligible for license renewal. The WSLCB will notify the licensee and reviewer ninety days prior to the license renewal date. The licensee must provide a status report to the reviewer or an application for a new research project if the licensee's ongoing approved research project will end within thirty days prior to or after the renewal date. The status report or application must be received by the reviewer within thirty days of the ninety-day renewal notice from the WSLCB or the license will not be renewed.
(b) The reviewer will notify the WSLCB in writing if the licensee meets the requirements for renewal not later than fifteen days prior to the licensee's renewal date.
(c) If the reviewer determines that the research project does not meet requirements for renewal due to lack of an ongoing project or for failure to meet the requirements of RCW 69.50.372 or this section for a proposed new project, the reviewer will recommend the WSLCB not renew the license.
(d) The WSLCB will review the licensee's violation history and criminal background check prior to renewal. If the violation history or criminal records disqualifies the licensee from eligibility for a research license under WAC 314-55-050, the WSLCB will not renew the license.
(7) License revocation.
(a) The WSLCB may revoke an application for the following reasons:
(i) The WSLCB has reason to believe that marijuana is being diverted from the research licensee;
(ii) The research licensee operates outside the scope of the research project(s) approved under the license issued to the licensee;
(iii) The applicant makes a misrepresentation of fact, or fails to disclose a material fact to the WSLCB during the application process or any subsequent investigation after a license has been issued;
(iv) The WSLCB finds that the licensee possesses marijuana plants, marijuana, or marijuana products that are not accounted for in the traceability system;
(v) The research licensee makes changes to their operating plan, entity structure, or location without prior approval from the WSLCB;
(vi) The research licensee fails to maintain security requirements for the licensed research facility; or
(vii) The licensee violates any provision of chapter 69.50 RCW or this chapter.
(b) A licensee may request voluntary cancellation of a license at any time. The licensee must request cancellation of a research license to the WSLCB in writing. The voluntary cancellation of a research license does not result in a hearing right.
(8) Marijuana disposal requirements.
(a) Licensees must dispose of marijuana as provided in WAC 314-55-097.
(b) Licensees must dispose of marijuana if the research license is discontinued for any reason. A licensee may transfer plants to another marijuana research licensee. A licensee may work with the WSLCB to dispose of marijuana or marijuana plants.
(9) An applicant or licensee may request an administrative hearing to contest the withdrawal, denial, nonrenewal, or revocation of a research license pursuant to chapter 34.05 RCW. A request for a hearing must be made in writing and received by the WSLCB no later than twenty days after the date the notification of withdrawal, denial, nonrenewal, or revocation was mailed to the applicant or licensee. Appeal requests submitted in paper form may be delivered to the WSLCB in person during normal business hours at 3000 Pacific Avenue S.E., Olympia, WA 98501, or mailed to the WSLCB. Mailed appeal requests must be addressed to: WSLCB, ATTN: Adjudicative Proceedings Coordinator, P.O. Box 43076, Olympia, WA 98504-3076 or, for certified mail, WSLCB, ATTN: Adjudicative Proceedings Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98501.
AMENDATORY SECTION (Amending WSR 16-19-102, filed 9/21/16, effective 10/22/16)
WAC 314-55-075 ((What is a)) Marijuana producer license ((and what are the))—Privileges, requirements, and fees ((related to a marijuana producer license?)).
(1)(a) A marijuana producer license allows the licensee to produce, harvest, trim, dry, cure, and package marijuana into lots for sale at wholesale to marijuana processor licensees and to other marijuana producer licensees. A marijuana producer ((can)) may also produce and sell:
(i) Marijuana plants, seed, and plant tissue culture to other marijuana producer licensees; ((and))
(ii) Immature marijuana plants or clones and marijuana seeds to members of a registered cooperative, qualifying patients, or designated providers under the conditions provided in ((WAC 314-55-410)) this chapter; and
(iii) Immature marijuana plants or clones and marijuana seeds to a licensed marijuana researcher under the conditions provided in this chapter.
(b) Marijuana production must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors. Outdoor production may take place in nonrigid greenhouses, other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. To obscure public view of the premises, outdoor production must be enclosed by a sight obscure wall or fence at least eight feet high. Outdoor producers must meet security requirements described in WAC 314-55-083. An outdoor grow must be physically separated at least twenty feet from another licensed outdoor grow. In addition, outdoor grows cannot share common walls or fences.
(2) The application fee for a marijuana producer license is two hundred fifty dollars. The applicant is also responsible for paying the fees required by the approved vendor for fingerprint evaluation.
(3) The annual fee for issuance and renewal of a marijuana producer license is one thousand dollars. Effective July 1, 2018, the annual fee for issuance and renewal of a marijuana producer license is one thousand three hundred dollars. The WSLCB will conduct random criminal history checks at the time of renewal that will require the licensee to submit fingerprints for evaluation from the approved vendor. The licensee ((will be)) is responsible for all fees required for ((the)) criminal history checks.
(4) ((The WSLCB will initially limit the opportunity to apply for a marijuana producer license to a thirty-day calendar window beginning with the effective date of this section. In order for a marijuana producer application license to be considered it must be received no later than thirty days after the effective date of the rules adopted by the WSLCB.)) The application window for marijuana producer licenses is closed. The WSLCB may reopen the marijuana producer application window ((after the initial evaluation of the applications received and)) at subsequent times when the WSLCB deems necessary.
(5) Any entity and/or principals within any entity are limited to an interest, as defined in WAC 314-55-035, in no more than three marijuana producer licenses.
(6) The maximum amount of space for marijuana production ((will be imposed at a later date)) cannot exceed the amount licensed. Applicants must designate on their operating plan the size category of the production premises and the amount of actual square footage in their premises that will be designated as plant canopy. There are three categories as follows:
(a) Tier 1 – Less than two thousand square feet;
(b) Tier 2 – Two thousand square feet up to ten thousand square feet; and
(c) Tier 3 – Ten thousand square feet up to thirty thousand square feet.
(7) The WSLCB may reduce a licensee's or applicant's square footage designated to plant canopy for the following reasons:
(a) If the amount of square feet of production of all licensees exceeds the maximum square feet the WSLCB will reduce the allowed square footage by the same percentage.
(b) If fifty percent production space used for plant canopy in the licensee's operating plan is not met by the end of the first year of operation the WSLCB may reduce the tier of licensure.
(8) If the total amount of square feet of marijuana production exceeds the maximum square feet, the WSLCB reserves the right to reduce all licensee's production by the same percentage or reduce licensee production by one or more tiers by the same percentage.
(9) The maximum allowed amount of marijuana on a producer's premises at any time is as follows:
(a) Outdoor or greenhouse grows – One and one-quarter of a year's harvest; or
(b) Indoor grows – Six months of their annual harvest.
(10) A producer may not treat or otherwise adulterate usable marijuana with any organic or nonorganic chemical or other compound whatsoever to alter the color, appearance, weight, or smell of the usable marijuana.
(11) A marijuana producer must make quality assurance test results available to any processor purchasing product. A marijuana producer must label each lot of marijuana with the following information:
(a) Lot number;
(b) UBI number of the producer; and
(c) Weight of the product.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-077 ((What is a)) Marijuana processor license ((and what are the))—Privileges, requirements, and fees ((related to a marijuana processor license?)).
(1) A marijuana processor license allows the licensee to process, dry, cure, package, and label usable marijuana, marijuana concentrates, and marijuana-infused products for sale at wholesale to marijuana processors and marijuana retailers.
(2) Application and license fees.
(a) The application fee for a marijuana processor license is two hundred fifty dollars. The applicant is also responsible for paying the fees required by the approved vendor for fingerprint evaluation.
(b) The annual fee for issuance and renewal of a marijuana processor license is one thousand dollars. Effective July 1, 2018, the annual fee for issuance and renewal of a marijuana processor license is one thousand three hundred dollars. The WSLCB will conduct random criminal history checks at the time of renewal that will require the licensee to submit fingerprints for evaluation from the approved vendor. The licensee is responsible for all fees required for the criminal history checks.
(c) The application window for marijuana processor licenses is closed. The WSLCB may reopen the marijuana processor application window at subsequent times when the WSLCB deems necessary.
(3) Any entity and/or principals within any entity are limited to no more than three marijuana processor licenses.
(4)(a) A marijuana processor that makes marijuana-infused solid or liquid product meant to be ingested orally (marijuana edibles) must obtain a marijuana-infused edible endorsement from the department of agriculture as required under chapter 15.125 RCW and rules adopted by the department to implement that chapter (chapter 16-131 WAC). A licensee must allow the WSLCB or their designee to conduct physical visits and inspect the processing facility, recipes, and records required under WAC 314-55-087 during normal business hours or at any time of apparent operation without advance notice.
(b) A marijuana processor licensed by the board must ensure marijuana-infused edible processing facilities are constructed, kept, and maintained in a clean and sanitary condition in accordance with rules and as prescribed by the Washington state department of agriculture under chapter 15.125 RCW and rules promulgated to implement chapters 16-131, 16-165 and 16-167 WAC.
(5)(a) A marijuana processor ((is allowed to)) may blend tested usable marijuana from multiple lots into a single package for sale to a marijuana retail licensee ((providing)) so long as the label requirements for each lot used in the blend are met and the percentage by weight of each lot is also included on the label.
(((3))) (b) A processor may not treat or otherwise adulterate usable marijuana with any organic or nonorganic chemical or other compound whatsoever to alter the color, appearance, weight, or smell of the usable marijuana.
(6) Recipes, product, packaging, and labeling approval.
(a) A marijuana processor licensee must obtain label and packaging approval from the WSLCB for all marijuana-infused products meant for oral ingestion prior to offering these items for sale to a marijuana retailer. The marijuana processor licensee must submit a picture of the product, labeling, and packaging to the WSLCB for approval. More information on the product, packaging, and label review process is available on the WLSCB's web site at www.lcb.wa.gov.
(b) All recipes for marijuana-infused products meant for oral ingestion (marijuana edible products) must be approved by the department of agriculture under chapter 16-131 WAC. Licensees must obtain recipe approval from the department of agriculture prior to submitting any marijuana edible products, packages, and labels for review and approval by the WSLCB. The recipe for any marijuana-infused solid or liquid products meant to be ingested orally must be kept on file at the marijuana processor's licensed premises and made available for inspection by the WSLCB or its designee.
(c) If the WSLCB denies a marijuana-infused product for sale in marijuana retail outlets, the marijuana processor licensee may request an administrative hearing ((per)) under chapter 34.05 RCW, Administrative Procedure Act.
(((4))) (7) With the exception of the marijuana, all ingredients used in making marijuana-infused products for oral ingestion must be a commercially manufactured food as defined in WAC 246-215-01115.
(((5))) (8) Marijuana-infused edible products in solid or liquid form must ((meet the following requirements:
(a) If there is more than one serving in the package, each serving must be packaged individually in childproof packaging (see WAC 314-55-105(7)) and placed in the outer package.
(b) The label must prominently display the number of servings in the package.
(c) Marijuana-infused solid edible products must)):
(a) Be homogenized to ensure uniform disbursement of cannabinoids throughout the product((.
(d) All marijuana-infused solid edibles must)); and
(b) Prominently display on the label "This product contains marijuana."
(((6) Marijuana-infused edible products in liquid form must meet the following requirements:
(a) If there is more than one serving in the package, a measuring device must be included in the package with the product.
(b) The label must prominently display the number of servings in the package and the amount of product per serving.
(c) Marijuana-infused liquid edibles must be homogenized to ensure uniform disbursement of cannabinoids throughout the product.
(d) All marijuana-infused liquid edibles must prominently display on the label "This product contains marijuana."
(7))) If the WSLCB adopts a universal symbol required on labels of marijuana or marijuana products to identify the product is or contains marijuana, this subsection will not be required upon the effective date of rules requiring the universal symbol to be included on labels so long as it is required on marijuana-infused solid and liquid edibles.
(9) A marijuana processor is limited in the types of food or drinks they may infuse with marijuana. Marijuana-infused products that require cooking or baking by the consumer are prohibited. Marijuana-infused products that are especially appealing to children are prohibited. Marijuana-infused edible products such as, but not limited to, gummy candies, lollipops, cotton candy, or brightly colored products, are prohibited.
(a) To reduce the risk to public health, potentially hazardous foods as defined in WAC 246-215-01115 may not be infused with marijuana. Potentially hazardous foods require time-temperature control to keep them safe for human consumption and prevent the growth of pathogenic microorganisms or the production of toxins. Any food that requires refrigeration, freezing, or a hot holding unit to keep it safe for human consumption may not be infused with marijuana.
(b) Other food items that may not be infused with marijuana to be sold in a retail store ((are)) include:
(i) Any food that has to be acidified to make it shelf stable;
(ii) Food items made shelf stable by canning or retorting;
(iii) Fruit or vegetable juices (this does not include shelf stable concentrates);
(iv) Fruit or vegetable butters;
(v) Pumpkin pies, custard pies, or any pies that contain egg;
(vi) Dairy products of any kind such as butter, cheese, ice cream, or milk; and
(vii) Dried or cured meats.
(c) Vinegars and oils derived from natural sources may be infused with dried marijuana if all plant material is subsequently removed from the final product. Vinegars and oils may not be infused with any other substance, including herbs and garlic.
(d) Marijuana-infused jams and jellies made from scratch must utilize a standardized recipe in accordance with 21 C.F.R. Part 150, revised as of April 1, 2013.
(e) Per WAC 314-55-104, a marijuana processor may infuse dairy butter or fats derived from natural sources and use that extraction to prepare allowable marijuana-infused solid or liquid products meant to be ingested orally, but the dairy butter or fats derived from natural sources may not be sold as stand-alone products.
(f) The WSLCB may designate other food items that may not be infused with marijuana.
(((8) The recipe for any marijuana-infused solid or liquid products meant to be ingested orally must be kept on file at the marijuana processor's licensed premises and made available for inspection by the WSLCB or its designee.
(9) The application fee for a marijuana processor license is two hundred fifty dollars. The applicant is also responsible for paying the fees required by the approved vendor for fingerprint evaluation.
(10) The annual fee for issuance and renewal of a marijuana processor license is one thousand dollars. The WSLCB will conduct random criminal history checks at the time of renewal that will require the licensee to submit fingerprints for evaluation from the approved vendor. The licensee will be responsible for all fees required for the criminal history checks.
(11) A marijuana processor producing a marijuana-infused solid or liquid product meant to be ingested orally in a processing facility as required in WAC 314-55-015 (10) and (11) must pass a processing facility inspection. Ongoing annual processing facility compliance inspections may be required. The WSLCB will contract with the department of agriculture to conduct required processing facility inspections. All costs of inspections are borne by the licensee and the hourly rate for inspection is sixty dollars. A licensee must allow the WSLCB or their designee to conduct physical visits and inspect the processing facility, recipes and required records per WAC 314-55-087 during normal business hours or at any time of apparent operation without advance notice. Failure to pay for the processing facility inspection or to follow the processing facility requirements outlined in this section and WAC 314-55-015 will be sufficient grounds for the WSLCB to suspend or revoke a marijuana license.
(12) The WSLCB will initially limit the opportunity to apply for a marijuana processor license to a thirty-day calendar window beginning with the effective date of this section. In order for a marijuana processor application license to be considered it must be received no later than thirty days after the effective date of the rules adopted by the WSLCB. The WSLCB may reopen the marijuana processor application window after the initial evaluation of the applications that are received and processed, and at subsequent times when the WSLCB deems necessary.
(13) A currently licensed marijuana producer may submit an application to add a marijuana processor license at the location of their producer license providing they do not already hold three processor licenses.
(14) Any entity and/or principals within any entity are limited to no more than three marijuana processor licenses.
(15))) (10) Marijuana processor licensees are allowed to have a maximum of six months of their average usable marijuana and six months average of their total production on their licensed premises at any time.
(((16))) (11) Processing service arrangements. A processing service arrangement is when one processor (processor B) processes usable marijuana or an altered form of usable marijuana (marijuana product) for another licensed processor (processor A) for a fee.
(a) Processor A is the product owner. However, processor B may handle the product under its license as provided in chapter 69.50 RCW and this chapter. Processor B is not allowed to transfer the product to a retailer and may only possess marijuana or marijuana products received from processor A for the limited purposes of processing it for ultimate transfer back to processor A.
(b) Processing service arrangements must be made on a cash basis only as provided in WAC 314-55-115. No "splits" of product are permissible and payment with any marijuana products, barter, trade, or compensation in any form other than cash as defined in this chapter for processing service arrangements is prohibited.
(c) A processor must meet and maintain their qualifications as a processor outside of processing service arrangements. Processing service arrangement activities cannot exceed fifty percent of a processor's overall business.
(d) Each processor that enters into a processing service arrangement must include records for each service arrangement in recordkeeping documents which must be maintained consistent with this chapter.
(12) Marijuana may not be returned by any retail licensee to any processor except as provided in this section.
(a) Every processor must maintain on the licensed premises for a period of five years complete records of all refunds and exchanges made under this section including an inventory of marijuana and marijuana products returned to the processor by any retail licensee.
(b) Marijuana may be returned by a retail licensee in the event a retailer goes out of the business of selling marijuana at retail and a cash refund may be made upon the return of the marijuana or marijuana products, so long as WSLCB approval is acquired prior to returns and refunds under this subsection.
(c) Marijuana products different from that ordered by a retailer and delivered to the retailer may be returned to a processor and either replaced with marijuana products which were ordered or a cash refund may be made. These incorrect orders must be discovered and corrected within eight days of the date the delivery was made to be eligible for returns and refunds under this subsection.
(d) A marijuana processor ((must)) may accept returns of products and sample jars from marijuana retailers for destruction, but is not required to provide refunds to the retailer. It is the responsibility of the retailer to ensure the product or sample jar is returned to the processor.
AMENDATORY SECTION (Amending WSR 16-19-102, filed 9/21/16, effective 10/22/16)
WAC 314-55-079 ((What is a)) Marijuana retailer license ((and what are the))—Privileges, requirements, and fees ((related to a marijuana retailer license?)).
(1) A marijuana retailer license allows the licensee to sell only usable marijuana, marijuana concentrates, marijuana-infused products, ((and)) marijuana paraphernalia, and lockable boxes to store marijuana at retail in licensed retail outlets to persons twenty-one years of age and older, except as allowed for persons under twenty-one years of age consistent with RCW 69.50.357 and WAC 314-55-080.
(2) ((Marijuana-infused products listed in WAC 314-55-077(6) are prohibited for sale by a marijuana retail licensee.
(3) Internet sales and delivery of product to customers is prohibited.)) The WSLCB may accept applications for marijuana retail licenses at time frames published on its web site at www.lcb.wa.gov. Using estimated consumption data and population data obtained from the office of financial management (OFM) population data, the WSLCB will determine the maximum number of marijuana retail locations per county.
(a) The number of retail locations will be determined using a method that distributes the number of locations proportionate to the most populous cities within each county and to accommodate the medical needs of qualifying patients and designated providers. Locations not assigned to a specific city will be at large. At large locations can be used for unincorporated areas in the county or in cities within the county that have no retail licenses designated.
(b) The number of retail licenses determined by the board can be found on the WSLCB web site at www.lcb.wa.gov.
(3) Any entity and/or principals within any entity are limited to no more than five retail marijuana licenses.
(4) Application and license fees.
(a) The application fee for a marijuana retailer's license is two hundred fifty dollars. The applicant is ((also)) responsible for ((paying the)) fees required by the approved vendor for fingerprint evaluation.
(((5))) (b) The annual fee for issuance and renewal of a marijuana ((retailer's)) retailer license is one thousand dollars. Effective July 1, 2018, the annual fee for issuance and renewal of a marijuana retailer license is one thousand three hundred dollars. The WSLCB will conduct random criminal history checks at the time of renewal that will require the licensee to submit fingerprints for evaluation from the approved vendor. The licensee ((will be)) is responsible for all fees required for the criminal history checks.
(((6))) (5) Internet sales and delivery of product to customers are prohibited.
(6) Sales of marijuana-infused products not permissible under WAC 314-55-077 are prohibited.
(7) Marijuana retailers may not sell marijuana products below the current acquisition cost.
(((7))) (8) All marijuana products must be stored behind a counter or other barrier to ensure a customer does not have direct access to the product.
(9) A marijuana retailer may not sell lockable boxes for less than the cost of acquisition or sell boxes received as a donation. The donation of lockable boxes must come from a person or entity that is not a licensed marijuana producer, processor, or retailer.
(10) Marijuana retailer licensees are allowed to have a maximum of four months of their average inventory on their licensed premises at any given time.
(((8))) (11) A marijuana retailer may transport product to other locations operated by the licensee or to return product to a marijuana processor as outlined ((in the transportation rules)) in WAC 314-55-085.
(((9))) (12) A marijuana retailer may accept returns of open marijuana products. Products must be returned in their original packaging with the lot, batch, or inventory ID number fully legible.
(((10))) (13) A marijuana retailer may dispose of marijuana products as provided in WAC 314-55-097. ((Marijuana retailers must give seventy-two hours' notice to WSLCB enforcement prior to disposing of marijuana products.))
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-080 Medical marijuana endorsement.
(1) A medical marijuana endorsement added to a marijuana retail license allows the marijuana retail licensee to:
(a) Sell marijuana for medical use to qualifying patients and designated providers; and
(b) Provide marijuana at no charge, at their discretion, to qualifying patients and designated providers.
(2) Qualifying patients between eighteen and twenty-one 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 the age of eighteen 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.
(3) To maintain a medical marijuana endorsement in good standing, a marijuana retailer must:
(a) Follow all rules adopted by the department of health regarding retail sales of medical marijuana;
(b) Have a consultant on staff in accordance with department of health rules;
(c) Prohibit the medical use of marijuana by anyone at the retail outlet at all times, including medical use by qualifying patients;
(d) Maintain at all times, a representative assortment of marijuana products necessary to meet the needs of qualified patients and designated providers;
(e) Not market marijuana concentrates, usable marijuana, or marijuana-infused products in a way that make them especially attractive to minors;
(f) Demonstrate the ability to enter qualifying patients and designated providers in the medical marijuana authorization database established by the department of health;
(g) Issue recognition cards and agree to enter qualifying patients and designated providers into the database in compliance with the department of health standards;
(h) Keep ((copies of the qualifying patient's or designated provider's recognition card or equivalent records to document the validity of tax exempt sales for a minimum of three years)) records to document the validity of tax exempt sales as prescribed by the department of revenue for a minimum of five years. For the documentation requirements in RCW 69.50.375 (3)(e), licensees are not required to separately keep copies of the qualifying patient's or designated provider's recognition card because this information is stored in the medical marijuana authorization database;
(i) Train employees on the following:
(i) Procedures regarding the recognition of valid authorizations and the use of equipment to enter qualifying patients and designated providers into the medical marijuana authorization database;
(ii) Recognition of valid recognition cards; and
(iii) Recognition of strains, varieties, THC concentration, CBD concentration, and THC to CBD ratios of marijuana concentrates, usable marijuana, and marijuana-infused products available for sale when assisting qualifying patients and designated providers at the retail outlet.
(((3))) (4) A marijuana retailer holding a medical marijuana endorsement may sell products with a THC concentration of 0.3 percent or less. The licensee may also provide these products at no charge to qualifying patients or designated providers.
(((4))) (5) Unlicensed practice of medicine. No owner, employee, or volunteer of a retail outlet and holding a medical marijuana endorsement may:
(a) Offer or undertake to diagnose or cure any human or animal disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real or imaginary, by use of marijuana products or any other means or instrumentality; or
(b) Recommend or suggest modification or elimination of any course of treatment that does not involve the medical use of marijuana products.
(((5))) (6) Failure to comply with subsections (3) and (((4))) (5) of this section may result in suspension or revocation of the medical marijuana endorsement.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-083 ((What are the)) Security and traceability requirements for ((a)) marijuana licensees((?)).
The security requirements for a marijuana licensee are as follows:
(1) Display of identification badge. All licensees and employees on the licensed premises shall be required to hold and properly display an identification badge issued by the licensed employer at all times while on the licensed premises and engaged in the transportation of marijuana. The identification badge must list the licensee's trade name and include the person's full and legal name and photograph. All licensees and employees must have their state issued identification available to verify the information on their badge is correct.
(a) All nonemployee visitors to the licensed premises, other than retail store customers, shall be required to hold and properly display an identification badge issued by the licensee at all times while on the licensed premises.
(b) A log must be kept and maintained showing the full name of each visitor entering the licensed premises, badge number issued, the time of arrival, time of departure, and the purpose of the visit.
(c) All log records must be maintained on the licensed premises for a period of three years and are subject to inspection by any WSLCB employee or law enforcement officer, and must be copied and provided to the WSLCB or law enforcement officer upon request.
(d) Employees, visitors, and other persons at a marijuana licensed premises, including persons engaged in the transportation of marijuana, must provide identification to a WSLCB enforcement officer upon request.
(2) Alarm systems. At a minimum, each licensed premises must have a security alarm system on all perimeter entry points and perimeter windows. Motion detectors, pressure switches, duress, panic, and hold-up alarms may also be ((utilized)) used.
(3) Surveillance system. At a minimum, a licensed premises must have a complete video surveillance system with minimum camera resolution of 640 x 470 pixels or pixel equivalent for analog. The surveillance system storage device and/or the cameras must be internet protocol (IP) compatible. All cameras must be fixed and placement ((shall)) must allow for the clear and certain identification of any person and activities in controlled areas of the licensed premises. All entrances and exits to an indoor facility ((shall)) must be recorded from both indoor and outdoor, or ingress and egress vantage points. All cameras must record continuously twenty-four hours per day and at a minimum of ten frames per second. The surveillance system storage device must be secured on the licensed premises in a lockbox, cabinet, closet, or secured in another manner to protect from employee tampering or criminal theft. All surveillance recordings must be kept for a minimum of forty-five days on the licensee's recording device. All videos are subject to inspection by any WSLCB employee or law enforcement officer, and must be copied and provided to the WSLCB or law enforcement officer upon request. All recorded images must clearly and accurately display the time and date. Time is to be measured in accordance with the U.S. National Institute Standards and Technology standards. (((a))) Controlled areas include:
(((i))) (a) Any area within an indoor, greenhouse or outdoor room or area where marijuana is grown, or marijuana or marijuana waste is being moved within, processed, stored, or destroyed. Rooms or areas where marijuana or marijuana waste is never present are not considered control areas and do not require camera coverage.
(((ii))) (b) All point-of-sale (POS) areas.
(((iii))) (c) Twenty feet of the exterior of the perimeter of all required fencing and gates enclosing an outdoor grow operation. Any gate or other entry point that is part of the required enclosure for an outdoor growing operation must be lighted in low-light conditions. A motion detection lighting system may be employed to light the gate area in low-light conditions.
(((iv))) (d) Any room or area storing a surveillance system storage device.
(((b) All marijuana, marijuana concentrates, or marijuana-infused products that are intended to be removed or transported between two licensed premises shall be staged in an area known as the "quarantine" location for a minimum of twenty-four hours. Transport manifest with product information and weights must be affixed to the product. At no time during the quarantine period can the product be handled or moved under any circumstances and is subject to auditing by the WSLCB or designees.))
(4) Traceability: To prevent diversion and to promote public safety, marijuana licensees must track marijuana from seed to sale. Licensees must provide the required information on a system specified by the WSLCB. All costs related to the reporting requirements are borne by the licensee. Marijuana seedlings, clones, plants, lots of usable marijuana or trim, leaves, and other plant matter, batches of extracts, marijuana-infused products, samples, and marijuana waste must be traceable from production through processing, and finally into the retail environment including being able to identify which lot was used as base material to create each batch of extracts or infused products. The following information is required and must be kept completely up-to-date in a system specified by the WSLCB:
(a) Key notification of "events," such as when a plant enters the system (moved from the seedling or clone area to the vegetation production area at a young age);
(b) When plants are to be partially or fully harvested or destroyed;
(c) When a lot or batch of marijuana, marijuana extract, marijuana concentrates, marijuana-infused product, or marijuana waste is to be destroyed;
(d) When usable marijuana, marijuana concentrates, or marijuana-infused products are transported;
(e) Any theft of usable marijuana, marijuana seedlings, clones, plants, trim or other plant material, extract, infused product, seed, plant tissue or other item containing marijuana;
(f) ((There is a seventy-two hour mandatory waiting period after the notification described in this subsection is given before any plant may be destroyed, a lot or batch of marijuana, marijuana extract, marijuana-infused product, or marijuana waste may be destroyed;
(g) There is a twenty-four hour mandatory waiting period after the notification described in this subsection to allow for inspection before marijuana plants, seeds, plant tissue cultures, or lots of marijuana are transported from a producer to another producer or to a processor;
(h) There is a twenty-four hour mandatory waiting period after the notification described in this subsection to allow for inspection before usable marijuana, marijuana concentrates, or marijuana-infused products are transported from a processor to another processor or to a retailer;
(i))) All marijuana plants eight or more inches in height or width must be physically tagged and tracked individually;
(((j))) (g) A complete inventory of all marijuana, seeds, plant tissue, seedlings, clones, all plants, lots of usable marijuana or trim, leaves, and other plant matter, batches of extract, marijuana concentrates, marijuana-infused products, and marijuana waste;
(((k))) (h) All marijuana, usable marijuana, marijuana-infused products, marijuana concentrates, seeds, plant tissue, clone lots, and marijuana waste must be physically tagged with the ((sixteen digit identification number)) unique identifier generated by the traceability system and tracked;
(((l))) (i) All point-of-sale records;
(((m))) (j) Marijuana excise tax records;
(((n))) (k) All samples sent to an independent testing lab, any sample of unused portion of a sample returned to a licensee, and the quality assurance test results;
(((o))) (l) All ((free)) vendor samples provided to another licensee for purposes of education or negotiating a sale;
(((p))) (m) All samples used for testing for quality by the producer or processor;
(((q))) (n) Samples containing usable marijuana provided to retailers;
(((r))) (o) Samples provided to the WSLCB or their designee for quality assurance compliance checks; and
(((s))) (p) Other information specified by the board.
(((5) Start-up inventory for marijuana producers. Within fifteen days of starting production operations a producer must have all nonflowering marijuana plants, clones, seeds, and plant tissue cultures physically on the licensed premises. The producer must, within twenty-four hours, record each marijuana plant that enters the facility in the traceability system during this fifteen day time frame. No flowering marijuana plants may be brought into the facility during this fifteen day time frame. After this fifteen day time frame expires, a producer may only start plants from seed or create clones from a marijuana plant located physically on their licensed premises, or purchase marijuana seeds, clones, or plants from another licensed producer.))
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-084 ((Production of)) Marijuana plant production.
(1) Only the following specified soil amendments, fertilizers, other crop production aids, and pesticides may be used in the production of marijuana:
(a) Pesticides registered by WSDA under chapter 15.58 RCW as allowed for use in the production, processing, and handling of marijuana. Pesticides must be used consistent with the label requirements.
(b) Commercial fertilizers registered by WSDA under chapter 15.54 RCW.
(c) Potting soil, crop production aids, soil amendments, and other growing media available commercially in the state of Washington may be used in marijuana production. Producers growing outdoors are not required to meet land eligibility requirements outlined in 7 C.F.R. Part 205.202.
(2) Examples of prohibited products:
(a) The use of products containing plant growth regulators not allowed for use on food crops including, but not limited to, any of the following ingredients, is prohibited:
((•)) (i) Ancymidol;
((•)) (ii) Chlormequat chloride;
((•)) (iii) Clofencet;
((•)) (iv) Colchicine;
((•)) (v) Colloidal silver;
((•)) (vi) Daminozide;
((•)) (vii) Dikegulac-sodium;
((•)) (viii) Flumetralin;
((•)) (ix) Flurprimidol; and
((•)) (x) Paclobutrazol.
(b) The use of vitamin-hormone products not intended for use on food crops is prohibited.
(c) The use of products containing the insecticide DDVP (Dichlorvos) is prohibited in all areas where marijuana is being grown or processed.
(3) Soil amendments, fertilizers, growing media, other crop production aids, and pesticides that do not conform to subsections (1) and (2) of this section cannot be used, kept, or stored on the licensed premises.
(4) The following marijuana and marijuana products are subject to seizure and destruction:
(a) Marijuana exposed to unauthorized soil amendments or fertilizers; and
(b) Marijuana with ((detectable)) levels of unauthorized pesticides or plant growth regulators as provided in WAC 314-55-108.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-087 What are the recordkeeping requirements for marijuana licensees?
(1) Marijuana licensees are responsible to keep records that clearly reflect all financial transactions and the financial condition of the business. The following records must be kept and maintained on the licensed premises for a ((three-year)) five-year period and must be made available for inspection if requested by an employee of the WSLCB:
(a) Purchase invoices and supporting documents, to include the items and/or services purchased, from whom the items were purchased, and the date of purchase;
(b) Bank statements and canceled checks for any accounts relating to the licensed business;
(c) Accounting and tax records related to the licensed business and each true party of interest;
(d) Records of all financial transactions related to the licensed business, including contracts and/or agreements for services performed or received that relate to the licensed business;
(e) All employee records to include, but not limited to, training, payroll, and date of hire;
(f) Records of each daily application of pesticides applied to the marijuana plants or growing medium. For each application, the producer shall record the following information on the same day the application is made:
(i) Full name of each employee who applied the pesticide;
(ii) The date the pesticide was applied;
(iii) The name of the pesticide or product name listed on the registration label which was applied;
(iv) The concentration and total amount of pesticide per plant; and
(v) For outdoor production, the concentration of pesticide that was applied to the field. Liquid applications may be recorded as, but are not limited to, amount of product per one hundred gallons of liquid spray, gallons per acre of output volume, ppm, percent product in tank mix (e.g., one percent). For chemigation applications, record "inches of water applied" or other appropriate measure.
(g) Soil amendment, fertilizers, or other crop production aids applied to the growing medium or used in the process of growing marijuana;
(h) Production and processing records, including harvest and curing, weighing, destruction of marijuana, creating batches of marijuana-infused products and packaging into lots and units;
(i) Records of each batch of extracts or infused marijuana products made, including at a minimum, the lots of usable marijuana or trim, leaves, and other plant matter used (including the total weight of the base product used), any solvents or other compounds utilized, and the product type and the total weight of the end product produced, such as hash oil, shatter, tincture, infused dairy butter, etc.;
(j) Transportation records as described in WAC 314-55-085;
(k) Inventory records;
(l) All samples sent to an independent testing lab and the quality assurance test results;
(m) All free samples provided to another licensee for purposes of negotiating a sale;
(n) All samples used for testing for quality by the producer or processor;
(o) Sample jars containing usable marijuana provided to retailers; and
(p) Records of any theft of marijuana seedlings, clones, plants, trim or other plant material, extract, marijuana-infused product, or other item containing marijuana.
(q) Records of any marijuana product provided free of charge to qualifying patients or designated providers.
(2) If the marijuana licensee keeps records within an automated data processing (ADP) and/or point-of-sale (POS) system, the system must include a method for producing legible records that will provide the same information required of that type of record within this section. The ADP and/or POS system is acceptable if it complies with the following guidelines:
(a) Provides an audit trail so that details (invoices and vouchers) underlying the summary accounting data may be identified and made available upon request.
(b) Provides the opportunity to trace any transaction back to the original source or forward to a final total. If printouts of transactions are not made when they are processed, the system must have the ability to reconstruct these transactions.
(c) Has available a full description of the ADP and/or POS portion of the accounting system. This should show the applications being performed, the procedures employed in each application, and the controls used to ensure accurate and reliable processing.
(3) The provisions contained in subsections (1) and (2) of this section do not eliminate the requirement to maintain source documents, but they do allow the source documents to be maintained in some other location.
AMENDATORY SECTION (Amending WSR 16-19-002, filed 9/7/16, effective 10/8/16)
WAC 314-55-089 ((What are the)) Tax and reporting requirements for marijuana licensees((?)).
(1) ((Marijuana producer and marijuana processor licensees must submit monthly report(s) to the WSLCB.)) Marijuana retailer licensees must submit monthly report(s) and payments to the WSLCB. The required monthly reports must be:
(a) On a form or electronic system designated by the WSLCB;
(b) Filed every month, including months with no activity or payment due;
(c) Submitted, with payment due, to the WSLCB on or before the twentieth day of each month, for the previous month. (For example, a report listing transactions for the month of January is due by February 20th.) When the twentieth day of the month falls on a Saturday, Sunday, or a legal holiday, the filing must be postmarked by the U.S. Postal Service no later than the next postal business day;
(d) Filed separately for each marijuana license held; and
(e) All records must be maintained and available for review for a three-year period on licensed premises (see WAC 314-55-087).
(2) Marijuana producer licensees: On a monthly basis, marijuana producers must maintain records and report purchases from other licensed marijuana producers, current production and inventory on hand, sales by product type, and lost and destroyed product in a manner prescribed by the WSLCB. The act of keeping data completely up-to-date in the state traceability system fulfills the monthly reporting requirement.
(3) Marijuana processor licensees: On a monthly basis, marijuana processors must maintain records and report purchases from licensed marijuana producers, other marijuana processors, production of marijuana-infused products, sales by product type to marijuana retailers, and lost and/or destroyed product in a manner prescribed by the WSLCB. The act of keeping data completely up-to-date in the state traceability system fulfills the monthly reporting requirement.
(4) Marijuana retailer's licensees:
(a) On a monthly basis, marijuana retailers must maintain records and report purchases from licensed marijuana processors, sales by product type to consumers, and lost and/or destroyed product in a manner prescribed by the WSLCB.
(b) A marijuana retailer licensee must collect from the buyer and remit to the WSLCB a marijuana excise tax of thirty-seven percent of the selling price on each retail sale of usable marijuana, marijuana concentrates, and marijuana-infused products.
(c) Product inventory reductions that are not adequately documented will be deemed to be sales and will be assessed the excise tax.
(d) Excise tax collected in error must either be returned to the customer(s) or remitted to the WSLCB if returning to the customer(s) is not possible.
(5) Payment methods: Marijuana excise tax payments are payable only by check, cashier's check, money order, or electronic payment or electronic funds transfer. Licensees must submit marijuana excise tax payments to the board by one of the following means:
(a) By mail to WSLCB, Attention: Accounts Receivable, P.O. Box 43085, Olympia, WA 98504;
(b) By paying through online access through the WSLCB traceability system; or
(c) By paying using a money transmitter licensed pursuant to chapter 19.230 RCW. If a licensee uses a money transmitter service, the licensee must remit payments in U.S. dollars.
(6) Payments transmitted to the board electronically under this section will be deemed received when received by the WSLCB's receiving account. All other payments transmitted to the WSLCB under this section by United States mail will be deemed received on the date shown by the post office cancellation mark stamped on the envelope containing the payment.
(7) The WSLCB may waive the means of payment requirements as provided in subsection (5) of this section for any licensee for good cause shown. For the purposes of this section, "good cause" means the inability of a licensee to comply with the payment requirements of this section because:
(a) The licensee demonstrates it does not have and cannot obtain a bank or credit union account or another means by which to comply with the requirements of subsection (5) of this section and cannot obtain a cashier's check or money order; or
(b) Some other circumstance or condition exists that, in the WSLCB's judgment, prevents the licensee from complying with the requirements of subsection (5) of this section.
(8) If a licensee tenders payment of the marijuana excise tax in cash without applying for and receiving a waiver or after denial of a waiver, the licensee may be assessed a ten percent penalty.
(9) If a licensee is denied a waiver and requests an adjudicative proceeding to contest the denial, a brief adjudicative proceeding will be conducted as provided under RCW 34.05.482 through 34.05.494.
(10) For the purposes of this section, "electronic payment" or "electronic funds transfer" means any transfer of funds, other than a transaction originated or accomplished by conventional check, drafts, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit a checking or other deposit account. "Electronic funds transfer" includes payments made by electronic check (e-check).
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-092 ((What if a marijuana licensee fails to report or pay, or reports or pays late?)) Failure to pay excise taxes and late payment of excise taxes.
(1) If a marijuana licensee does not submit its ((monthly reports and/or)) payment(s) to the WSLCB as required in WAC 314-55-089: The licensee is subject to penalties.
Penalties: A penalty of two percent per month will be assessed on the outstanding balance for any payments postmarked after the twentieth day of the month following the month of sale. When the twentieth day of the month falls on a Saturday, Sunday, or a legal holiday, the filing must be postmarked by the U.S. Postal Service no later than the next postal business day. Absent a postmark, the date received at the WSLCB or authorized designee, will be used to assess the penalty of two percent per month on ((payments received)) the outstanding balance after the twentieth day of the month following the month of sale.
(2) Failure to make a report and/or pay the license taxes and/or penalties in the manner and dates outlined in WAC 314-55-089 will be sufficient grounds for the WSLCB to suspend or revoke a marijuana license.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-095 Marijuana servings and transaction limitations.
(1) For persons age twenty-one and older and qualifying patients or designated providers who are not entered into the medical marijuana authorization database, marijuana serving and transaction limitations are as follows:
(a) Single serving. A single serving of a marijuana-infused product must not exceed ten milligrams active tetrahydrocannabinol (THC), or Delta 9.
(b) Maximum number of servings. The maximum number of servings in any one single unit of marijuana-infused product meant to be eaten or swallowed or otherwise taken into the body is ten servings or one hundred milligrams of active THC, or Delta 9. A single unit of marijuana concentrate cannot exceed one gram.
(c) Transaction ((limitation)) limits.
(i) A single transaction is limited to:
(A) One ounce of usable marijuana((,));
(B) Sixteen ounces of marijuana-infused product meant to be eaten or swallowed in solid form((,));
(C) Seven grams of marijuana-infused extract or marijuana concentrate for inhalation((,)); and
(D) Seventy-two ounces of marijuana-infused product in liquid form ((meant to be eaten or swallowed)) for oral ingestion or applied topically to the skin; and
(E) Ten units of a marijuana-infused product otherwise taken into the body.
(ii) A licensee or employee of a licensee is prohibited from conducting a sale that facilitates an individual in obtaining more than the personal possession amount.
(2) For qualifying patients and designated providers who are entered into the medical marijuana authorization database, serving and transaction limits are as follows:
(a) Single serving. Except as provided in chapter 246-70 WAC, a single serving of a marijuana-infused product must not exceed ten milligrams active tetrahydrocannabinol (THC), or Delta 9.
(b) Maximum number of servings. Except as provided in chapter 246-70 WAC, the maximum number of servings in any one single unit of marijuana-infused product meant to be eaten, swallowed or applied is ten servings or one hundred milligrams of active THC, or Delta 9. A single unit of marijuana concentrate cannot exceed one gram.
(c) Transaction limitation. A single transaction by a retail store with a medical marijuana endorsement to a qualifying patient or designated provider who is entered into the medical marijuana database is limited to three ounces of usable marijuana, forty-eight ounces of marijuana-infused product meant to be eaten or swallowed in solid form, twenty-one grams of marijuana-infused extract or marijuana concentrate for inhalation, and two hundred sixteen ounces of marijuana-infused product in liquid form meant to be eaten or swallowed.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-096 Vendor, educational, and internal quality control samples.
(1) Vendor samples: Producers or processors may provide free samples of usable marijuana, marijuana-infused products, and marijuana concentrates ((in order)) to negotiate a sale on product the retail licensee has not previously purchased. All vendor sample limits are based on calendar months. The producer or processor must record the amount of each vendor sample and the processor or retailer receiving the sample in the traceability system. The outgoing sample must be clearly labeled as a "vendor sample" to negotiate a sale and recorded on a transport manifest. The receiving licensee must receive the vendor sample in the traceability system prior to sampling.
(a) Vendor samples may only be given to and used by licensees or employees of licensees who have product ordering authority.
(b) Producers may not provide any one licensed processor more than eight grams of marijuana flower per month free of charge for the purpose of negotiating a sale.
(((b))) (c) Processors may not provide any one licensed retailer more than eight grams of usable marijuana per month free of charge for the purpose of negotiating a sale.
(((c))) (d) Processors may not provide any one licensed retailer more than eight units of marijuana-infused products in solid form meant to be ingested orally or otherwise taken into the body per month free of charge for the purpose of negotiating a sale. No single ((sample)) unit may exceed 10 mg of THC.
(((d))) (e) Processors may not provide any one licensed retailer more than eight units of marijuana-infused product in liquid form meant to be eaten, swallowed, or otherwise taken into the body per month free of charge for the purpose of negotiating a sale. No single ((sample)) unit may exceed 10 mg of THC.
(((e))) (f) Processors may not provide any one licensed retailer more than eight units of marijuana-infused products meant to be applied topically per month free of charge for the purpose of negotiating a sale.
(g) Processors may not provide any one licensed retailer more than two units of marijuana-infused extract meant for inhalation or infused marijuana mix per month free of charge for the purpose of negotiating a sale. No single ((sample)) unit may exceed 0.5 g.
(((f))) (h) A marijuana producer must make quality assurance test results available to any processor receiving samples to negotiate a sale. The producer must also provide a statement that discloses all pesticides applied to the marijuana plants and growing medium during production.
(((g))) (i) A marijuana processor must make quality assurance test results available to any retailer receiving samples to negotiate a sale. If a marijuana extract was added to the product, the processors must disclose the type of extraction process and any solvent, gas, or other chemical used in the extraction process, or any other compound added to the extract.
(((2))) (j) Vendor sample labeling: All vendor samples must be clearly labeled as a vendor sample and meet all labeling requirements of the product to be sampled.
(((a) Sixteen digit identification)) (i) The unique identifier number generated by the traceability system;
(((b))) (ii) The UBI number of the licensed entity providing the sample; and
(((c))) (iii) Weight of the product in ounces and grams or volume as applicable.
(((3))) (2) Education sampling. Processors may provide free samples of usable marijuana, marijuana-infused products, and marijuana concentrates to retail licensees to give to ((their budtender)) the licensee's employees for educational purposes. Products being sampled must be carried by the licensed retailer. The processor must record the amount of each sample and the retailer receiving the sample in the traceability system. The outgoing sample must be clearly labeled as "((budtender)) education sample" and recorded on a transport manifest. Once the retailer receives the sample, the retailer must accept the sample in the traceability system prior to distributing samples to the retailer's employees. All ((budtender)) employees at a licensed retail location who receive educational samples must be entered into the traceability system for the purpose of distributing education samples. ((Prior to sampling the receiving retailer must accept the sample in the traceability system, and distribute the education sample to the retail employee.))
(a) All education samples are limited to a total of ten units per ((budtender)) employee per month, with a maximum of one hundred units per retail location per calendar month.
(b) The maximum size of education samples ((for education)) are:
(i) Usable marijuana, marijuana mix, and infused marijuana mix – One unit not to exceed ((.5 g)) 0.5 g.
(ii) Marijuana infused solid or liquid product meant to be ((eaten or swallowed)) ingested orally or otherwise taken into the body – One unit not to exceed 10 mg THC.
(iii) Marijuana-infused extract for inhalation – One unit not to exceed ((.25 g)) 0.25 g.
(iv) Marijuana-infused products for topical application - One unit not to exceed sixteen ounces.
(c) ((Products being sampled must be carried by the licensed retail premises.
(d))) Distribution and consumption of all educational samples is limited to retail employees who directly sell product to retail customers. Retail employees who are not involved in direct sales to customers are not eligible for education samples.
(d) Marijuana retail licensees are prohibited from providing educational samples to their budtender employees as a form of compensation.
(e) A marijuana processor must make quality assurance test results available to any retailer receiving education samples. If a marijuana extract was added to the product, the processors must disclose the type of extraction process and any solvent, gas, or other chemical used in the extraction process, or any other compound added to the extract.
(f) Education sample labeling: All education samples must be clearly labeled ((as "budtender" samples)) "education sample" and include the following information on the label:
(i) ((Sixteen digit identification)) The unique identifier number generated by the traceability system;
(ii) The UBI number and trade name of the licensed entity providing the sample;
(iii) Product name or strain name for usable marijuana;
(iv) Weight of the product in ounces and grams or volume as applicable; and
(v) Potency labeled as required under WAC 314-55-105.
(((4))) (3) A marijuana processor is not required to provide free samples to negotiate a sale or educational samples to a marijuana retail licensee, and a marijuana retail licensee may not require a marijuana processor to provide free sample to negotiate a sale or educational samples as a condition for purchasing the marijuana processor's products.
(((5) Marijuana retail licensees may not provide educational samples to their budtender employees as a form of compensation.
(6))) (4) Internal quality control sampling: Producers and processors may conduct limited self-sampling for quality control. All sample limits are based on calendar months. ((Sampling)) Consuming samples for quality control may not take place at a licensed premises. Only the producer, processor, or employees of the licensee may sample the marijuana flower, usable marijuana, marijuana-infused products, marijuana concentrates, and edible marijuana-infused product. The producer or processor must record the amount of each sample and the employee(s) conducting the sampling in the traceability system.
(a) Producers may sample two grams of marijuana flower per strain, per month for quality sampling.
(b) Processors may sample one unit per batch of a new ((edible)) marijuana-infused product meant to be ((eaten or swallowed)) ingested orally or otherwise taken into the body to be offered for sale on the market.
(c) Processors may sample up to one unit per batch of a new marijuana-infused extract for inhalation to be offered for sale on the market. No single sample may exceed 0.5 g.
(d) Processors may sample one unit per batch of a new marijuana mix packaged to be offered for sale on the market. No single sample may exceed 1 g.
(e) Processors may sample one unit per batch of a new infused marijuana mix to be offered for sale on the market. No sample may exceed 0.5 g.
(((7))) (5) Retailers may not provide free samples to customers.
(((8))) (6) Sample jars:
(a) A processor may provide a retailer free samples of usable marijuana packaged in a sample jar protected by a plastic or metal mesh screen to allow customers to smell the product before purchase. The sample jar may not contain more than three and one-half grams of usable marijuana. The plastic or metal mesh screen must be sealed onto the container, and must be free of rips, tears, or holes greater than 2 mm in diameter. The sample jar and the usable marijuana within may not be sold to a customer and must be returned to the licensed processor who provided the usable marijuana and sample jar.
(((9))) (b) Sample jar labeling: All ((vendor samples and)) sample jars must be labeled with the following:
(((a) Sixteen digit identification)) (i) The unique identifier number ((given)) generated by the traceability system;
(((b))) (ii) Information identifying whether it is a vendor sample or sample jar;
(((c))) (iii) The UBI number of the licensed entity providing the sample; and
(((d))) (iv) Weight of the product in ounces and grams or volume as applicable.
(((10))) (c) A marijuana processor must make quality assurance test results available to any retailer receiving sample jars. The processor must also provide a statement that discloses all pesticides applied to the marijuana plants and growing medium during production.
(d) If a marijuana extract was added to the product, the processor must disclose to the retailer the type of extraction process and any solvent, gas, or other chemical used in the extraction process, or any other compound added to the extract.
(((11))) (7) Transportation. Outgoing and return vendor samples and sample jars must adhere to the transportation requirements in WAC 314-55-085.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-097 Marijuana waste disposal—Liquids and solids.
(1) Solid and liquid wastes generated during marijuana production and processing must be stored, managed, and disposed of in accordance with applicable state and local laws and regulations.
(2) Wastewater generated during marijuana production and processing must be disposed of in compliance with applicable state and local laws and regulations.
(3) Wastes from the production and processing of marijuana plants must be evaluated against the state's dangerous waste regulations (chapter 173-303 WAC) to determine if those wastes designate as dangerous waste. It is the responsibility of each waste generator to properly evaluate their waste to determine if it is designated as a dangerous waste. If a generator's waste does designate as a dangerous waste, then that waste(s) is subject to the applicable management standards found in chapter 173-303 WAC.
(a) Wastes that must be evaluated against the dangerous waste regulations include, but are not limited to, the following:
(i) Waste from marijuana flowers, trim and solid plant material used to create an extract (per WAC 314-55-104).
(ii) Waste solvents used in the marijuana process (per WAC 314-55-104).
(iii) Discarded plant waste, spent solvents and laboratory wastes from any marijuana processing or quality assurance testing.
(iv) Marijuana extract that fails to meet quality testing.
(b) Marijuana wastes that do not designate as dangerous shall be managed in accordance with subsection (4) of this section.
(c) A marijuana plant, usable marijuana, trim and other plant material in itself is not considered dangerous waste as defined under chapter 173-303 WAC unless it has been treated or contaminated with a solvent.
(4) Marijuana waste that does not designate as dangerous waste (per subsection (3) of this section) must be rendered unusable following the methods in subsection (5) of this section prior to leaving a licensed producer, processor, or laboratory. Disposal of the marijuana waste rendered unusable must follow the methods under subsection (6) of this section.
(((a))) Wastes that must be rendered unusable prior to disposal include, but are not limited to, the following:
(((i))) (a) Waste evaluated per subsection (3) of this section and determined to not designate as "Dangerous Waste."
(((ii))) (b) Marijuana plant waste, including roots, stalks, leaves, and stems that have not been processed with solvent.
(((iii))) (c) Solid marijuana sample plant waste possessed by third-party laboratories accredited by the WSLCB to test for quality assurance that must be disposed of.
(((iv))) (d) Other wastes as determined by the WSLCB.
(((b) A producer or processor must provide the WSLCB a minimum of seventy-two hours notice in the traceability system described in WAC 314-55-083(4) prior to rendering the product unusable and disposing of it.))
(5) The allowable method to render marijuana plant waste unusable is by grinding and incorporating the marijuana plant waste with other ground materials so the resulting mixture is at least fifty percent nonmarijuana waste by volume. Other methods to render marijuana waste unusable must be approved by the WSLCB before implementation.
Material used to grind with the marijuana falls into two categories: Compostable waste and noncompostable waste.
(a) Compostable mixed waste: Marijuana waste to be disposed as compost feedstock or in another organic waste method (for example, anaerobic digester) may be mixed with the following types of waste materials:
(i) Food waste;
(ii) Yard waste;
(iii) Vegetable based grease or oils; or
(iv) Other wastes as approved by the WSLCB.
(b) Noncompostable mixed waste: Marijuana waste to be disposed in a landfill or another disposal method (for example, incinerator) may be mixed with the following types of waste materials:
(i) Paper waste;
(ii) Cardboard waste;
(iii) Plastic waste;
(iv) Soil; or
(v) Other wastes as approved by the WSLCB.
(6) Marijuana wastes rendered unusable following the method described in subsection (4) of this section can be disposed.
(a) Disposal of the marijuana waste rendered unusable may be delivered to a permitted solid waste facility for final disposition. Examples of acceptable permitted solid waste facilities include:
(i) Compostable mixed waste: Compost, anaerobic digester, or other facility with approval of the jurisdictional health department.
(ii) Noncompostable mixed waste: Landfill, incinerator, or other facility with approval of the jurisdictional health department.
(b) Disposal of the marijuana waste rendered unusable may be managed on-site by the generator in accordance with the standards of chapter 173-350 WAC.
(c) A record of the final destination of marijuana waste rendered unusable.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-104 Marijuana processor license extraction requirements.
(1) Processors are limited to certain methods, equipment, solvents, gases and mediums when creating marijuana extracts.
(2) Processors may use the hydrocarbons N-butane, isobutane, propane, or heptane ((or other solvents or gases exhibiting low to minimal potential human health-related toxicity approved by the WSLCB)). These solvents must be of at least ninety-nine percent purity and a processor must use them in a professional grade closed loop extraction system designed to recover the solvents, work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.
(3) Processors may use a professional grade closed loop CO2 gas extraction system where every vessel is rated to a minimum of six hundred pounds per square inch. The CO2 must be of at least ninety-nine percent purity.
(4) Closed loop systems for hydrocarbon or CO2 extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.
(5) ((Certification from a licensed engineer must be provided to the WSLCB for professional grade closed loop systems used by processors to certify that the system was commercially manufactured, safe for its intended use, and built to codes of recognized and generally accepted good engineering practices, such as:
(a) The American Society of Mechanical Engineers (ASME);
(b) American National Standards Institute (ANSI);
(c) Underwriters Laboratories (UL); or
(d) The American Society for Testing and Materials (ASTM).
(6) The certification document must contain the signature and stamp of a professional engineer and the serial number of the ex-traction unit being certified.
(7))) Professional grade closed loop systems, other equipment used must be approved for use by the state building code council (SBCC) prior to use per WAC 51-54A-3800.
(6) Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the local fire code official and meet any required fire, safety, and building code requirements specified in:
(a) Title 296 WAC;
(b) Chapters 51-51 and 51-54A WAC;
(c) National Fire Protection Association (NFPA) standards;
(d) International Building Code (IBC);
(e) International Fire Code (IFC); and
(f) Other applicable standards including following all applicable fire, safety, and building codes in processing and the handling and storage of the solvent or gas.
(((8))) (7) Processors may use heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create kief, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.
(((9))) (8) Under WAC 314-55-077, infused dairy butter and oils or fats derived from natural sources may be used to prepare infused edible products, but they may not be prepared as stand-alone edible products for sale.
(((10))) (9) Processors may use food grade glycerin, ethanol, and propylene glycol solvents to create extracts. All ethanol must be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.
(((11))) (10) Processors creating marijuana extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace. Any person using solvents or gases in a closed looped system to create marijuana extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store the solvents and gases safely.
(((12))) (11) Parts per million for one gram of finished extract cannot exceed ((500 parts per million or)) residual solvent or gas ((when quality assurance tested per RCW 69.50.348)) levels provided in WAC 314-55-102.
NEW SECTION
WAC 314-55-117 Use of payment services by retailers.
Retail licensees may use payment services to facilitate retail sales transactions under the following conditions:
(1) The payment service provider must:
(a) If applicable, be licensed and in good standing with the Washington state department of financial institutions; and
(b) Not have any interest, as a true party of interest or financier, in a marijuana licensee.
(2) The payment service provider may charge a convenience fee to customers provided that the customer has the option of canceling the transaction when informed of the convenience fee.
(3) The retail purchase price must be calculated in U.S. dollars.
(4) The marijuana excise tax required under RCW 69.50.535 must be collected from the customer based on the U.S. dollar purchase price.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-120 Ownership changes.
(1) Licensees must receive prior board approval before making any of the following ownership changes (see WAC 314-55-035 for the definition of "true party of interest"):
(2) Licensees must notify the WSLCB if there are any changes to marital status of any true party of interest in the license.
(3) The WSLCB may inquire into all matters in connection with any such sale of stock/units or proposed change in officers/members.
AMENDATORY SECTION (Amending WSR 13-21-104, filed 10/21/13, effective 11/21/13)
WAC 314-55-125 Change of location.
(1) Changing ((your)) a marijuana license to a new location requires ((an)) a change request application to the WSLCB, per the process outlined in WAC 314-55-020. WSLCB approval for change request applications must be obtained prior to any change of location of the licensed business.
(2) A change of location occurs any time a move by the licensee results in any change to the physical location address.
NEW SECTION
WAC 314-55-137 Receiverships.
(1) The WSLCB must receive original service of any motion to place a licensee into receivership.
(a) Any person who files any receivership or trustee action involving any marijuana licensee must serve WSLCB with original notice of the action. Service is accomplished by delivery of the original notice of action to WSLCB at: 3000 Pacific Avenue S.E., Olympia, WA 98501, or mailed to the WSLCB. Mailed notice must be addressed to: WSLCB, ATTN: Licensing - Receiverships, P.O. Box 43076, Olympia, WA 98504-3076 or, for certified mail, WSLCB, ATTN: Licensing - Receiverships, 3000 Pacific Avenue S.E., Olympia, WA 98501.
(b) Only if WSLCB receives original notice of the action and the receiver is selected in accordance with WSLCB's requirements will WSLCB treat the licensee as compliant with all applicable WSLCB rules.
(2) The role of a receiver when a licensee is placed in receivership. If a marijuana licensee is placed under receivership, the receiver:
(a) Upon compliance with the requirements set forth below, the receiver may operate the licensee's business during the receivership period;
(b) The receiver assumes all licensee reporting responsibilities including, but not limited to, full responsibility for maintaining records and entries into the traceability system maintained by the WSLCB; and
(c) The receiver is required to comply with all applicable laws and rules in this chapter including, but not limited to, the responsibilities of marijuana licensees set forth in WAC 314-55-110.
(3) Who may serve as a receiver. Any person who meets the requirements of chapter 7.60 RCW and the following additional requirements may serve as a receiver:
(a) Is currently in active status on the preapproved receiver list maintained by the WSLCB; or
(b) Complies with the requirements of subsection (5) of this section and is approved by the WSLCB to serve as a receiver of a marijuana licensee.
(4) Qualifying for the WSLCB's preapproved receiver list. A person will qualify for the WSLCB's preapproved receiver list if they meet all of the following requirements:
(a) File a receiver application with the WSLCB;
(b) Be a Washington resident for six months prior to the application for preapproval as a receiver;
(c) Submit to and pass a criminal background check; and
(d) Meet all other qualifications for a licensee under chapter 69.50 RCW and this chapter including, but not limited to:
(i) Providing financial disclosures required by the WSLCB;
(ii) Disclosing any interests the applicant has in any marijuana licensees;
(iii) Meeting any and all other requirements established for true parties of interest in marijuana licensees under this chapter; and
(iv) File a yearly update of all information required by the WSLCB.
(e) For business entities that will serve as receivers for licensees, all members of the business entity will be subject to review and qualification requirements for true parties of interest, as defined in WAC 314-55-035.
(5) Procedures for appointing a receiver who is not preapproved. A person who is not on the preapproved receiver list may be appointed in accordance with the following requirements:
(a) Within two days of the filing of any action to appoint a receiver, the proposed receiver must:
(i) File an application with the WSLCB to serve as receiver for the licensee;
(ii) Provide all financial disclosures required by the WSLCB for licensees under this chapter; and
(iii) Disclose any interest the proposed receiver has in any marijuana licensees.
(b) A person may qualify to be appointed as a receiver if they meet all of the following requirements:
(i) Be a Washington resident for six months prior to appointment as a receiver;
(ii) Submit to and pass a criminal background check; and
(iii) Meet any and all other standards established for true parties of interest for marijuana licensees under this chapter.
(c) For business entities that will serve as receivers for licensees, all members of the business entity will be subject to the same review and qualification requirements.
(d) If the proposed receiver is denied approval by WSLCB at any time, a substitute receiver may be proposed for WSLCB approval. The substitute receiver must provide all information required by this subsection.
(e) If the proposed receiver is not approved by WSLCB at the time the receiver is appointed by the court, the receiver will not be considered compliant with all applicable WSLCB rules and statutes, and may be subject to penalty under chapter 69.50 RCW, or as otherwise set forth in this chapter.
(6) Limitations on a person's ability to serve as a receiver. As operators and controllers of licensed marijuana establishments, receivers are subject to the same limits as licensees or any other person. Those limits include, but are not limited to:
(a) No person serving as a receiver of a licensed marijuana producer or licensed marijuana processor shall have a financial interest in, or simultaneously serve as a receiver for, a licensed marijuana retailer; and
(b) No person shall serve as a receiver for, or be a true party of interest in, more than five marijuana retail licensees or more than three marijuana producer, processor, or producer/processor licensees at the same time.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-140 Death or incapacity of a marijuana licensee.
(1) The appointed guardian, executor, administrator, ((receiver,)) trustee, or assignee must notify the WSLCB's licensing and regulation division in the event of the death, incapacity, ((receivership,)) bankruptcy, or assignment for benefit of creditors of any licensee.
(2) The WSLCB may give the appointed guardian, executor, administrator, ((receiver,)) trustee, or assignee written approval to continue marijuana sales on the licensed business premises for the duration of the existing license and to renew the license when it expires.
(a) The person must be a resident of the state of Washington.
(b) A criminal background check may be required.
(3) When the matter is resolved by the court, the true party(ies) of interest must apply for a marijuana license for the business.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-185 ((Does the)) WSLCB ((have the)) right to inspect ((my)) premises or vehicles ((licensed)) associated with a license to produce, process, sell, research, or transport marijuana((?)).
(1) The following must be available for inspection at all times by an enforcement officer of the WSLCB:
(a) All licensed premises used in the production, processing, storage, transportation, research, or sale of marijuana, usable marijuana, marijuana concentrates, marijuana-infused products, or any premises or parts of premises used or in any way connected, physically or otherwise, with the licensed business;
(b) Any vehicle assigned for the purpose of transporting marijuana, usable marijuana, marijuana concentrates, or marijuana-infused products at any licensed location, or while en route during transportation;
(c) Records as outlined in ((WAC 314-55-087 and 314-55-310)) this chapter; and
(d) Marijuana, usable marijuana, marijuana concentrates, or marijuana-infused products on the licensed premises for the purpose of analyzing samples (the licensee will be given a receipt for any product removed from the premises for this purpose).
(2) Every person being on a licensed premises or ((with)) within a transporting vehicle, or having charge thereof, must admit an enforcement officer of the WSLCB demanding to enter therein in pursuance of this section in the execution of his/her duty, and must not obstruct or attempt to obstruct the entry of such officer, or refuse to allow an officer to examine the premises, vehicles, records, and products subject to this section of the licensee.
AMENDATORY SECTION (Amending WSR 16-19-102, filed 9/21/16, effective 10/22/16)
WAC 314-55-410 Cooperatives.
(1) A cooperative may be formed by qualifying patients and/or designated providers to share responsibility for growing and processing marijuana only for the medical use of the members of the cooperative. A cooperative must meet the following criteria:
(a) All cooperative members must be at least twenty-one years of age. The designated provider of a qualifying patient under twenty-one years of age may be a member of a cooperative on the qualifying patient's behalf;
(b) All cooperative members must hold valid recognition cards as defined by RCW 69.51A.010;
(c) No more than four qualifying patients or designated providers may become members of a cooperative;
(d) Qualifying patients or designated providers may only participate in one cooperative;
(e) A cooperative member may only grow plants in the cooperative and may not grow plants elsewhere;
(f) Cooperative members must participate in growing plants. Cooperative members must provide nonmonetary resources and assistance in order to participate. A monetary contribution or donation is not considered assistance;
(g) Cooperative members may grow up to the total amount of plants for which each cooperative member is authorized on his or her recognition card. At the location, the qualifying patients or designated providers may possess the amount of usable marijuana that can be produced with the number of plants permitted, but no more than seventy-two ounces;
(h) Cooperative members may not sell, donate, or otherwise provide marijuana, marijuana concentrates, usable marijuana, or other marijuana-infused products to a person who is not a member of the cooperative;
(i) A cooperative may not be located within a one mile radius of a marijuana retailer;
(j) A cooperative must be located ((in)) at the domicile of one of the cooperative members. Only one cooperative may be located per property tax parcel; and
(k) To obscure public view of the premises, outdoor marijuana production must be enclosed by a sight obscure wall or fence at least eight feet high.
(2) People who wish to form a cooperative must register the location with the WSLCB. The location registered is the only location where cooperative members may grow or process marijuana. The following is required to register a cooperative:
(a) Submit a completed Marijuana Cooperative Registration Form;
(b) Submit copies of each person's recognition card who is seeking to be part of the registered cooperative;
(c) Submit a deed, lease, rental agreement, or other document establishing ownership or control to the property where the cooperative is to be located. If the property is leased or rented, a sworn statement from the property owner granting permission to engage in a cooperative must also be submitted that includes a telephone number and address where the owner can be contacted for verification;
(d) Submit a sketch outlining the location where the marijuana is planned to be grown.
(3) WSLCB will contact the primary contact listed for each registered cooperative on an annual basis to ensure validity of recognition cards and to confirm the status, whether active or inactive, of the cooperative. If the WSLCB finds that the cooperative no longer meets the criteria required under this section, the WSLCB may not renew the cooperative registration.
(4) WSLCB may inspect a cooperative between the hours of 8:00 a.m. and 8:00 p.m. unless otherwise agreed upon by cooperative members and WSLCB staff.
(((4))) (5) If a person or persons seeking to register the cooperative fails to meet the requirements of a registered cooperative as provided in this section, the WSLCB will deny the cooperative registration.
(((5))) (6) If the WSLCB finds a registered cooperative violated the requirements of this section, the WSLCB will revoke the cooperative's registration.
(((6))) (7) A person may request an administrative hearing to contest a denial of registration, nonrenewal, or a revocation of a cooperative's registration under ((subsections (4) and (5) of)) this section as provided in chapter 34.05 RCW.
(((7) Cooperative members purchasing plants from licensed producers.
(a) Members of a cooperative registered by the WSLCB may purchase marijuana plants to be grown in the cooperative from a licensed marijuana producer.
(b) Members of a cooperative who wish to purchase plants from a licensed producer must:
(i) Provide proof of identification in the form of a state-issued identification card or other valid government-issued identification, a valid recognition card, and a copy of the letter from the WSLCB confirming the person is a member of a registered cooperative;
(ii) Contact a licensed producer they wish to purchase from at least twenty-four hours in advance of arriving at the licensed producer's place of business to ensure the producer has plants available for sale and to allow for the required waiting period under WAC 314-55-083 to pass prior to physically taking possession of marijuana plants; and
(iii) Personally go to the licensed producer to complete the purchase and transfer of any marijuana plants purchased.
(c) The physical transfer of marijuana plants between licensed producers and members of a cooperative must take place on the premises of the licensed producer. Deliveries of marijuana plants by a licensed producer to members of a cooperative are prohibited.))
NEW SECTION
WAC 314-55-417 Sales of immature plants or clones and seeds from licensed producers to members of cooperatives, qualifying patients, and designated providers.
This section details the requirements for sales of immature plants or clones and seeds by licensed producers to members of a registered cooperative, qualifying patients, and designated providers.
(1) Medical marijuana patients who enter into the medical marijuana authorization database established and maintained by the department of health, receive a recognition card, and are members of a cooperative that has been granted a registration by the Washington state liquor and cannabis board (WSLCB) may purchase immature plants or clones and seeds to be grown in the cooperative from a licensed marijuana producer.
(2) Qualifying patients and designated providers who hold a valid unexpired recognition card and have been entered into the medical marijuana authorization database established and maintained by the department of health, may purchase immature plants or clones and seeds from a licensed marijuana producer.
(3) Members of a registered cooperative, qualifying patients, and designated providers who wish to purchase immature plants or clones and seeds from a licensed producer must:
(a) Personally go to the licensed producer to complete the purchase and transfer of any marijuana plants purchased; and
(b) Provide the following information to a licensed producer:
(i) Proof of identification in the form of a state-issued identification card or other valid government-issued identification;
(ii) A valid recognition card; and
(iii) If the person purchasing immature plants or clones or seeds is a member of a registered cooperative, a copy of the letter from the WSLCB confirming the person is a member of a registered cooperative.
(4) The physical transfer of marijuana plants between licensed producers and members of a cooperative, qualifying patients, or designated providers must take place on the premises of the licensed producer. Deliveries of marijuana plants by a licensed producer to members of a cooperative, qualifying patients, or designated providers are prohibited.
(5) Members of registered cooperatives, qualifying patients, and designated providers are limited to purchasing no more than the maximum amount that the medical marijuana patient's authorization form allows of any combination of immature plants or clones and seeds in a single sale or cumulative sales within a calendar month from a licensed producer. It is the responsibility of the member of the registered cooperative, qualifying patient, or designated provider to ensure that they possess no more than the maximum number of plants allowed under their authorization forms and as provided in chapter 69.51A RCW.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-525 Group 2 regulatory violations.
Group 2 violations are violations involving general regulation and administration of retail or nonretail licenses. Group 2 penalties imposed on a producer and/or processor license will not include license suspension. Penalties for a producer and/or processor license will be restricted to monetary fines, destruction of inventory, and/or license cancellation only.
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-530 Group 3 license violations.
Group 3 violations are violations involving licensing requirements, license classification, and special restrictions. Group 3 penalties imposed on a producer and/or processor license will not include license suspension. Penalties for a producer and/or processor license will be restricted to monetary fines, destruction of inventory, and/or license cancellation only.
REPEALER
The following section of the Washington Administrative Code is repealed:
AMENDATORY SECTION (Amending WSR 16-11-110, filed 5/18/16, effective 6/18/16)
WAC 314-55-082 Insurance requirements.
Marijuana licensees ((shall provide)) must obtain insurance coverage as set out in this section. The intent of the required insurance is to protect the consumer should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the marijuana licensees. Marijuana licensees shall furnish evidence in the form of a certificate of insurance satisfactory to the WSLCB that insurance, in the following kinds and minimum amounts, has been secured. Failure to provide proof of insurance, as required, may result in license cancellation.
(1) Commercial general liability insurance: The licensee shall at all times carry and maintain commercial general liability insurance ((and if necessary,)) or commercial umbrella insurance for bodily injury and property damage arising out of licensed activities. The limits of liability insurance shall not be less than one million dollars.
(a) This insurance shall cover such claims as may be caused by any act, omission, or negligence of the licensee or its officers, agents, representatives, assigns, or servants.
(b) The insurance shall also cover bodily injury, including disease, illness and death, and property damage arising out of the licensee's premises/operations, products, and personal injury. ((The limits of liability insurance shall not be less than one million dollars.))
(2) Insurance carrier rating: The insurance required in subsection (1) of this section shall be issued by an insurance company authorized to do business within the state of Washington. Insurance is to be placed with a carrier that has a rating of A - Class VII or better in the most recently published edition of Best's Reports. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with chapters 48.15 RCW and 284-15 WAC.
(3) Additional insured. The state and its employees, agents, and volunteers shall be named as an additional insured on ((all general liability, umbrella, and excess)) insurance policies required under this section. All policies shall be primary over any other valid and collectable insurance.
AMENDATORY SECTION (Amending WSR 17-12-032, filed 5/31/17, effective 8/31/17)
WAC 314-55-102 Quality assurance testing.
A third-party testing lab must be certified by the WSLCB or the WSLCB's vendor as meeting the WSLCB's accreditation and other requirements prior to conducting quality assurance tests required under this section.
(1) Quality assurance fields of testing. Certified labs must be certified to the following fields of testing by the WSLCB or its designee and must adhere to the guidelines for each quality assurance field of testing listed below, with the exception of mycotoxin, heavy metal, or pesticide residue screening. Certification to perform mycotoxin, heavy metals and pesticides may be obtained but is not required to obtain certification as a testing lab. A lab must become certified in all fields of testing prior to conducting any testing or screening in that field of testing, regardless of whether the test is required under this section.
(a) Potency analysis.
(i) Certified labs must test and report the following cannabinoids to the WSLCB when testing for potency:
(A) THCA;
(B) THC;
(C) Total THC;
(D) CBDA;
(E) CBD; and
(F) Total CBD.
(ii) Calculating total THC and total CBD.
(A) Total THC must be calculated as follows, where M is the mass or mass fraction of delta-9 THC or delta-9 THCA: M total delta-9 THC = M delta-9 THC + (0.877 x M delta-9 THCA).
(B) Total CBD must be calculated as follows, where M is the mass or mass fraction of CBD and CBDA: M total CBD = M CBD + (0.877 x M CBDA).
(iii) Regardless of analytical equipment or methodology, certified labs must accurately measure and report the acidic (THCA and CBDA) and neutral (THC and CBD) forms of the cannabinoids.
(b) Potency analysis for flower lots.
(i) Certified labs must test and report the results for the required flower lot samples as described in WAC 314-55-101(3) for the following required cannabinoids:
(A) THCA;
(B) THC;
(C) Total THC;
(D) CBDA;
(E) CBD; and
(F) Total CBD.
(ii) Calculating total THC and total CBD.
(A) Total THC must be calculated as follows, where M is the mass or mass fraction of delta-9 THC or delta-9 THCA: M total delta-9 THC = M delta-9 THC + (0.877 x M delta-9 THCA).
(B) Total CBD must be calculated as follows, where M is the mass or mass fraction of CBD and CBDA: M total CBD = M CBD + (0.877 x M CBDA).
(c) Certified labs may combine in equal parts multiple samples from the same flower lot for the purposes of the following tests after the individual samples described in WAC 314-55-101(3) have been tested for potency analysis.
(i) Moisture analysis. The sample and related lot or batch fails quality assurance testing for moisture analysis if the results exceed the following limits:
(A) Water activity rate of more than 0.65 aw; and
(B) Moisture content more than fifteen percent.
(ii) Foreign matter screening. The sample and related lot or batch fail quality assurance testing for foreign matter screening if the results exceed the following limits:
(A) Five percent of stems 3mm or more in diameter; and
(B) Two percent of seeds or other foreign matter.
(iii) Microbiological screening. The sample and related lot or batch fail quality assurance testing for microbiological screening if the results exceed the following limits:
(iv) Mycotoxin screening. The sample and related lot or batch fail quality assurance testing for mycotoxin screening if the results exceed the following limits:
(A) Total of Aflatoxin B1, B2, G1, G2: 20 μg/kg of substance; and
(B) Ochratoxin A: 20 μg/kg of substance.
(d) Residual solvent screening. Except as otherwise provided in this subsection, a sample and related lot or batch fail quality assurance testing for residual solvents if the results exceed the limits provided in the table below. Residual solvent results of more than 5,000 ppm for class three solvents, 50 ppm for class two solvents, and 2 ppm for class one solvents as defined in United States Pharmacopoeia, USP 30 Chemical Tests / <467> - Residual Solvents (USP <467>) not listed in the table below fail quality assurance testing. When residual solvent screening is required, certified labs must test for the solvents listed in the table below at a minimum.
(e) Heavy metal screening. A sample and related lot or batch fail quality assurance testing for heavy metals if the results exceed the limits provided in the table below.
(2) Quality assurance testing required. The following quality assurance tests are the minimum required tests for each of the following marijuana products, respectively. Licensees ((and certified labs)) may elect to do ((multiple quality assurance tests on the same lot or)) testing for ((mycotoxin, pesticides, or heavy metals pursuant to)) compliant products under chapter 246-70 WAC if the licensee seeks to use the compliant products logo.
(a) General quality assurance testing requirements for certified labs.
(i) Certified labs must record an acknowledgment of the receipt of samples from producers or processors in the WSLCB seed to sale traceability system. Certified labs must also verify if any unused portion of the sample was destroyed or returned to the licensee after the completion of required testing.
(ii) Certified labs must report quality assurance test results directly to the WSLCB traceability system when quality assurance tests for the field of testing are required within twenty-four hours of completion of the test(s).
(iii) Certified labs must fail a sample if the results for any limit test are above allowable levels regardless of whether the limit test is required in the testing tables in this section.
(b) Marijuana flower lots and other material lots. Marijuana flower lots or other material lots require the following quality assurance tests:
(c) Intermediate products. Intermediate products must meet the following requirements related to quality assurance testing:
(i) All intermediate products must be homogenized prior to quality assurance testing;
(ii) For the purposes of this section, a batch is defined as a single run through the extraction or infusion process;
(iii) A batch of marijuana mix may not exceed five pounds and must be chopped or ground so no particles are greater than 3 mm; and
(iv) All batches of intermediate products require the following quality assurance tests:
(d) End products. All marijuana, marijuana-infused products, marijuana concentrates, marijuana mix packaged, and marijuana mix infused sold from a processor to a retailer require the following quality assurance tests:
(e) End products consisting of only one intermediate product that has not been changed in any way are not subject to potency analysis.
(3) No lot of usable flower, batch of marijuana concentrate, or batch of marijuana-infused product may be sold or transported until the completion and successful passage of quality assurance testing as required in this section, except:
(a) Business entities with multiple locations licensed under the same UBI number may transfer marijuana products between the licensed locations under the same UBI number prior to quality assurance testing; and
(b) Licensees may wholesale and transfer batches or lots of flower and other material that will be extracted and marijuana mix and nonsolvent extracts for the purposes of further extraction prior to completing required quality assurance testing. Licensees may wholesale and transfer failed lots or batches to be extracted pursuant to subsection (((5))) (6) of this section.
(4) The certified third-party testing lab and required results of the quality assurance test must be included with each lot and disclosed to the customer buying the lot.
(5) Samples, lots, or batches that fail quality assurance testing.
(a) Upon approval by the WSLCB, failed lots or batches may be used to create extracts. After processing, the extract must pass all quality assurance tests required in this section before it may be sold.
(b) Retesting. At the request of the producer or processor, the WSLCB may authorize a retest to validate a failed test result on a case-by-case basis. All costs of the retest will be borne by the producer or the processor requesting the retest. Potency retesting will generally not be authorized.
(c) Remediation. Producers and processors may remediate failed harvests, lots, or batches so long as the remediation method does not impart any toxic or deleterious substance to the usable marijuana, marijuana concentrates, or marijuana-infused product. Remediation solvents or methods used on the marijuana product must be disclosed to a licensed processor the producer or producer/processor transfers the products to; a licensed retailer carrying marijuana products derived from the remediated harvest, lot, or batch; or consumer upon request. The entire harvest, lot, or batch the failed sample(s) were deducted from must be remediated using the same remediation technique. No remediated harvest, lots or batches may be sold or transported until the completion and successful passage of quality assurance testing as required in this section.
(((5))) (6) Referencing. Certified labs may reference samples for mycotoxin, heavy metals, and pesticides testing to other certified labs by subcontracting for those fields of testing. Labs must record all referencing to other labs on a chain-of-custody manifest that includes, but is not limited to, the following information: Lab name, certification number, transfer date, address, contact information, delivery personnel, sample ID numbers, field of testing, receiving personnel.
(((6))) (7) Certified labs are not limited in the amount of usable marijuana and marijuana products they may have on their premises at any given time, but a certified lab must have records proving all marijuana and marijuana-infused products in the certified lab's possession are held only for the testing purposes described in this section. (((7))) Pursuant to RCW 69.50.345, any sample material remaining after testing must be destroyed by the laboratory as provided in WAC 314-55-097 or returned to the licensee that supplied the sample for testing.
(8) Upon the request of the WSLCB or its designee, a licensee or a certified lab must provide an employee of the WSLCB or their designee samples of marijuana or marijuana products or samples of the growing medium, soil amendments, fertilizers, crop production aids, pesticides, or water for random compliance checks. Samples may be screened for pesticides and chemical residues, unsafe levels of heavy metals, and used for other quality assurance tests deemed necessary by the WSLCB.
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