Purpose: Chapter 314-55 WAC, Marijuana licenses, application process, requirements, and reporting. The Washington state liquor and cannabis board (board) has adopted an emergency rule as new section WAC 314-55-1055 Ingredient disclosure, requiring manufacturers of THC vapor products to disclose all compounds, including ingredients, solvents, additives, etc., used in the production and processing as well as the source of all vapor products, as directed by Executive Order 19-03, dated September 27, 2019.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The immediate adoption of a rule requiring the manufacturers of THC vapor products to disclose all compounds, including ingredients, solvents, additives, etc., used in the production and processing as well as the source of all vapor products is necessary to prevent and reduce exposure to severe lung disease associated with the use of vapor products. The board has the authority and responsibility to adopt rules for the preservation of public health.

On September 27, 2019, Governor Inslee issued Executive Order 19-03, Addressing the Vaping Use Public Health Crisis. Executive Order 19-03 orders and directs the board, Washington state department of health, and Washington state board of health (SBOH) to engage in specific activities related to vapor products in Washington state, including direction that SBOH use its emergency rule-making authority to impose a ban on all flavored vapor products, including flavored THC vapor products at its meeting on October 9, 2019. The Executive Order notes, "… in 2019, an outbreak of lung injury emerged in previously health [healthy] individuals who had recently vaped THC and/or nicotine vapor products, and the cause of the injury is not yet known … Washingtonians suffering from this vaping-related lung injury have experienced severe harm to health, and … in the absence of one or more known, specific harmful substances in this vapor-product health emergency, and in the absence of the ability to fully isolate and remove harmful substances once they are identified, it is imperative that the state respond in a comprehensive and evidence-based manner to address the public health crisis."

This emergency rule requires that marijuana licensees disclose all compounds, including but not limited to ingredients, solvents, additives, preservatives, thickening agents, terpenes and other substances used to produce or added to marijuana concentrates for inhalation or marijuana-infused extracts for inhalation at any point during production and processing, regardless of source and origin. Disclosure must be made to the board on forms provided by the board, and submitted to an email address or other platform provided and maintained by the board. Because the outbreak of lung disease is occurring now and growing, the immediate adoption of rule requiring disclosure of compounds and other substances added to marijuana concentrates for inhalation or marijuana-infused extracts for inhalation is necessary for the preservation of public health, safety and general welfare by assisting public health officials in isolating the compounds and products that may be connected to the recent outbreak of lung disease.

(1) All licensed marijuana processors and producers must disclose all ingredients used in the production of marijuana concentrates for inhalation and marijuana-infused extracts for inhalation.

(2) All chemicals, compounds, additives, preservatives, thickening agents, terpenes, and other substances used at any point in the production or processing of marijuana concentrates for inhalation or marijuana-infused extracts for inhalation, regardless of source or origin, must be disclosed to the board as follows:

(a) On a form provided by the board and stored by the licensee, either electronically or in hard copy, and made available for inspection if requested by an employee of the board; and

(b) In a manner directed by the board including, but not limited to, submission to an email address or other online platform provided and maintained by the board.

(3) The complete list of all chemicals, compounds, additives, preservatives, thickening agents, terpenes, and other substances used at any point in the production or processing of marijuana concentrates for inhalation or marijuana-infused extracts for inhalation, regardless of source or origin, that is required under subsection (2) of this section must be kept and maintained, consistent with recordkeeping requirements described in WAC 314-55-087, at the facility in which the products are processed. The list must be updated whenever there is any change in product composition.