reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-1025 - Proficiency testing

Current through Register Vol. 24-14, July 15, 2024
(1) For the
			 purposes of this chapter, the following definitions apply:
(a) "Field of testing" means the categories
			 of subject matter the laboratory tests, such as pesticide, microbial, potency,
			 residual solvent, heavy metal, mycotoxin, foreign matter, and moisture content
			 detection.
(b) "Proficiency testing
			 (PT)" means the analysis of samples by a laboratory obtained from providers
			 where the composition of the sample is unknown to the laboratory performing the
			 analysis and the results of the analysis are used in part to evaluate the
			 laboratory's ability to produce precise and accurate results.
(c) "Proficiency testing (PT) program" means
			 an operation offered by a provider to detect a laboratory's ability to produce
			 valid results for a given field of testing.
(d) "Provider" means a third-party company,
			 organization, or entity not associated with certified laboratories or a
			 laboratory seeking certification that operates an approved PT program and
			 provides samples for use in PT testing.
(e) "Vendor" means an organization(s)
			 approved by the board to certify laboratories for cannabis testing, approve PT
			 programs, and perform on-site assessments of laboratories.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-1035 - Laboratory certification-Suspension and revocation

Current through Register Vol. 24-14, July 15, 2024
(1) The board may summarily suspend or revoke
			 the certification of any lab certified under WAC
			 314-55-0995
			 for any of the following reasons:
(a) The
			 laboratory owner or science director violates any of the requirements of
			 chapter 314-55 WAC relating to the operations of the laboratory.
(b) The laboratory owner or science director
			 aids, abets, or permits the violation of any provision of chapters 314-55 WAC,
			 69.50 RCW, 69.51A RCW, or Title 9 or 9A RCW related to the operations of the
			 laboratory, or the laboratory owner or science director permits laboratory
			 staff to do so.
(c) Evidence the
			 certificate holder or owner made false statements in any material regard:
(i) On the application for
			 certification;
(ii) In submissions
			 to the board relating to receiving or maintaining certification; or
(iii) Regarding any testing performed or
			 results provided to WSLCB or the cannabis licensee by the certificate holder or
			 owner pursuant to WAC
			 314-55-102.
(d) The laboratory owner or
			 science director is convicted of any crime substantially related to the
			 qualifications or duties of that owner and related to the functions of the
			 laboratory, including a conviction for falsifying any report of or that relates
			 to a laboratory analysis. For purposes of this subsection, a "conviction" means
			 a plea or finding of guilt regardless of whether the imposition of sentence is
			 deferred or the penalty is suspended.
(e) The laboratory submits proficiency test
			 sample results generated by another laboratory as its own.
(f) The laboratory staff denies entry to any
			 employee of the WSLCB or WSLCB's vendor during normal business hours for an
			 on-site assessment or inspection, as required by WAC
			 314-55-0995,
			 314-55-102,
			 314-55-1025,
			 or
			 314-55-103.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-104 - Cannabis processor license extraction requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Processors are limited to the methods,
			 equipment, solvents, gases, and mediums detailed in this section when creating
			 cannabis extracts.
(2) Processors
			 may use the hydrocarbons N-butane, isobutane, propane, or heptane. These
			 solvents must be of at least 99 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 600 pounds per square inch. The
			 CO2 must be of at least 99 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).
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-105 - Cannabis product packaging and labeling

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 following definitions apply to this section, unless the context clearly
			 indicates otherwise:
(a) "Cartoon" means any
			 drawing or other depiction of an object, person, animal, creature, or any
			 similar caricature that meets any of the following criteria:
(i) The use of comically exaggerated
			 features;
(ii) The attribution of
			 human characteristics to animals, plants, or other objects;
(iii) The attribution of animal, plant, or
			 other object characteristics to humans;
(iv) The attribution of unnatural or
			 extra-human abilities.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-1055 - Ingredient disclosure

Current through Register Vol. 24-14, July 15, 2024
(1) All licensed
			 cannabis processors and producers must disclose all ingredients used in the
			 production of cannabis concentrates for inhalation and cannabis-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
			 cannabis concentrates for inhalation or cannabis-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.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-106 - Cannabis warning symbol requirement

Current through Register Vol. 24-14, July 15, 2024
The following requirements are in addition to the packaging and
				labeling requirements provided in WAC
				314-55-105.
(1) Cannabis-infused products for oral
			 in-gestion sold at retail must be labeled on the principal display panel or
			 front of the product package with the "not for kids" warning symbol ("warning
			 symbol") created and made available in digital form to licensees without cost
			 by the Washington poison center (WPC). The warning symbol may be found on the
			 WPC's website.
(a) The warning symbol must be
			 of a size so as to be legible, readily visible by the consumer, and effective
			 to alert consumers and children that the product is not for kids, but must not
			 be smaller than three-quarters of an inch in height by one-half of an inch in
			 width; and
(b) The warning symbol
			 must not be altered or cropped in any way other than to adjust the sizing for
			 placement on the principal display panel or front of the product package,
			 except that a licensee must use a black border around the edges of the white
			 background of the warning symbol image when the label or packaging is also
			 white to ensure visibility of the warning symbol.
(c) Licensees may download the digital
			 warning symbol from the WPC and print stickers, or purchase and use a sticker
			 made available by the WPC, in lieu of incorporating the warning symbol on the
			 label or packaging as required under subsection (1) of this section. If a
			 licensee elects to use a warning symbol sticker, the sticker:
(i) Must meet all requirements of (a) and (b)
			 of this subsection; and
(ii) Must
			 not cover or obscure in any way labeling or information required on cannabis
			 products by WAC
			 314-55-105.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-107 - Cannabis product compliance

Current through Register Vol. 24-14, July 15, 2024
A cannabis compliant product must meet all requirements in the
				department of health rules found in chapter 246-70 WAC in addition to all WSLCB
				requirements found in chapter 314-55 WAC.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-109 - Cannabinoid additives-Requirements, restrictions, and quality assurance testing

Current through Register Vol. 24-14, July 15, 2024
(1) As provided in
			 RCW
			 69.50.326 Licensed cannabis producers and
			 licensed cannabis processors may use a cannabidiol (CBD) product obtained from
			 a source not licensed under this chapter, provided the CBD product:
(a) Has a THC level of 0.3 percent or less;
			 and
(b) Has been tested for
			 contaminants and toxins by a testing laboratory accredited under this chapter
			 and in accordance with testing standards established in this section.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-110 - Licensee responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) Cannabis
			 licensees are responsible for the operation of their licensed business in
			 compliance with the cannabis laws and rules of the board, chapters 69.50 and
			 69.51A RCW, 314-55 WAC, and any other applicable state laws and
			 rules.
(2) The penalties for
			 violations of cannabis laws or rules are in WAC
			 314-55-509
			 through
			 314-55-525, as now or
			 hereafter amended. The rules also outline aggravating and mitigating
			 circumstances that may affect what penalty is applied if a licensee or employee
			 does not comply with a cannabis law or rule.
(3) Licensees and their employees must
			 conduct the business and maintain the licensed premises, surrounding area, and
			 vehicles transporting product, in compliance with the following laws, as they
			 now exist or may later be amended:
(a) Titles
			 9 and 9A RCW, the criminal code;
(b) Title 66 RCW, the liquor laws;
(c) Chapters 70.155, 70.345, 82.24, and 82.26
			 RCW and
			 RCW
			 26.28.080, the tobacco laws;
(d) Chapter 69.50 RCW, the uniform controlled
			 substances laws; and
(e) Chapter
			 69.51A RCW, the medical cannabis laws.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-115 - What method of payment can a cannabis licensee use to purchase cannabis?

Current through Register Vol. 24-14, July 15, 2024
A cannabis licensee must pay cash for cannabis prior to or at
				the time of delivery. The WSLCB will recognize the following forms of payment
				as cash payment for the purpose of this section.
(1)
Checks.
(2)
Credit/debit cards,
under
			 the following provisions:
(a) The credit or
			 debit card transaction agreement must be voluntary on the part of both
			 licensees, and there must be no discrimination for nonparticipation in credit
			 or debit card transactions.
(b) A
			 sale must be initiated by an irrevocable invoice or sale order before or at the
			 time of delivery.
(c) Both parties
			 must bear their respective banking costs or other costs associated with the
			 credit or debit card service.
(d)
			 Both parties must maintain records of transactions and have the records readily
			 available for the WSLCB review.
(e)
			 The credit or debit card charge must be initiated by the cannabis licensee no
			 later than the first business day following delivery.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-117 - Use of payment services by retailers

Current through Register Vol. 24-14, July 15, 2024
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 cannabis licensee.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-120 - Ownership changes

Current through Register Vol. 24-14, July 15, 2024
(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"):
Type of change
Type of application
Fee
Change in the true parties of interest or owners in a:
						  Sole proprietorship, general partnership, limited partnership, or limited
						  liability partnership.
New application.
Application fee and annual fee for current license
						  privilege.
Change in the true parties of interest or owners for a
						  publicly or privately held corporation. The board will waive the fee for a
						  corporate change when the proposed change consists solely of dropping an
						  approved officer.
Application for change in corporate officer and/or
						  stockholder.
$75
Change in the true parties of interest or owners in a
						  limited liability company.
Application for change of limited liability company
						  member and/or manager.
$75
Accepting additional funds from a new or previously
						  approved financier.
Added financier.
$75
(2)
			 Licensees must notify the board if there are any changes to marital status of
			 any true party of interest in the license.
(3) The board may inquire into all matters in
			 connection with any sale of stock/units or proposed change in
			 officers/members.
(4) If the board
			 receives an application to change the ownership structure of a licensee, the
			 application will be withdrawn unless one or more of the following is submitted:
(a) Proof that the party being removed was
			 notified that they were being removed and they did not object within 90
			 days;
(b) Signed documentation from
			 the true party of interest being removed for the licensed entity that they
			 agree with the removal; or
(c) A
			 final court document removing them.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-125 - Change of location

Current through Register Vol. 24-14, July 15, 2024
(1) Changing a
			 cannabis license to a new location requires a change request application to the
			 board and initiated through business licensing services, as described in WAC
			 314-55-020.
			 Board 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.
Statutory Authority:
				RCW
				69.50.325,
				69.50.331,
				69.50.342,
				69.50.345. WSR 13-21-104,
				§ 314-55-125, filed 10/21/13, effective 11/21/13. WSR 13-21-003,
				§ 314-55-125, filed 10/3/2013, effective
				11/3/2013
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-130 - Change of business name

Current through Register Vol. 24-14, July 15, 2024
(1) If a
			 licensee wishes to change the name of their business, the licensee must apply
			 for a change of trade name with the department of revenue, business license
			 service.
(2) If a licensee wishes
			 to change their corporation or limited liability company name, the licensee
			 must apply for a change of name through the secretary of state.
(3) See chapter 434-12 WAC for guidelines for
			 trade names.
Statutory Authority:
				RCW
				69.50.325,
				69.50.331,
				69.50.342,
				69.50.345. WSR 13-21-104,
				§ 314-55-130, filed 10/21/13, effective 11/21/13. WSR 13-21-003,
				§ 314-55-130, filed 10/3/2013, effective
				11/3/2013
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-135 - Discontinue cannabis sales

Current through Register Vol. 24-14, July 15, 2024
(1)
Notification:
A licensee must notify the WSLCB's enforcement and
			 education division in writing if the licensee plans to stop doing business for
			 more than 30 days, or if the licensee plans to permanently discontinue cannabis
			 sales.
(2)
Discontinued
			 business: Sale of cannabis inventory and stock after discontinuance of
			 business.
Notwithstanding any other provision of Title 69 RCW or 314
			 WAC, a producer, processor or retail licensee who permanently discontinues
			 business for any reason shall dispose of the salable inventory and remaining
			 stock to a WSLCB approved licensed business at fair market value. Sales below
			 cost are prohibited. The WSLCB shall require tax expressed as a percent of the
			 total price of the gross sales as reported on the profit and loss statement in
			 the last published monthly report of the WSLCB. In the event of remaining
			 inventory after sale, the licensee shall notify the enforcement and education
			 division of the WSLCB. The enforcement division will establish conditions for
			 destruction or arrange for the removal of product.
(3)
Assumptions: Assumption of license
			 and purchases by licensee of certain cannabis inventory and stock.
In
			 the case of a sale of business with a license, after obtaining the approval of
			 the WSLCB and under the supervision of a representative of the WSLCB, the
			 licensee may sell the entire inventory at a negotiated fair market price. Sales
			 below cost are prohibited.
(4)
Evictions.
A licensee must notify the WSLCB's enforcement and
			 education division immediately in writing upon notice of eviction from a
			 licensed premises. Conditions to temporarily relocate and secure inventory will
			 be established by the WSLCB.
(5)
Abandoned cannabis inventory or product.
In the event a licensee
			 abandons any cannabis on the premises, the property owner or their designated
			 representative should notify the enforcement and education division of the
			 WSLCB. The enforcement division will work with the property owner to arrange
			 for the removal and/or destruction of product. Any sales or distribution of
			 cannabis by an unlicensed person is subject to the criminal provisions of Title
			 69 RCW.
(6)
Maintaining a
			 licensed location.
Cannabis licenses are associated with a physical
			 location. Persons operating without a WSLCB approved licensed location to
			 produce, process, or sell cannabis will be discontinued.
Statutory Authority:
				RCW
				69.50.325,
				69.50.331,
				69.50.342,
				69.50.345. WSR 13-21-104,
				§ 314-55-135, filed 10/21/13, effective 11/21/13. WSR 13-21-003,
				§ 314-55-135, filed 10/3/2013, effective
				11/3/2013
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-137 - Receiverships

Current through Register Vol. 24-14, July 15, 2024
(1)
Service and notice.
(a) Any person who files any receivership or
			 trustee action involving any cannabis licensee must serve the board with
			 original notice of the action. Service is accomplished by delivery of the
			 original notice of action to the board through one of the following methods:
(i) Delivery to the board at 1025 Union
			 Avenue S.E., Olympia, WA 98504; or
(ii) Mailed to the board. 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, 1025 Union Avenue S.E., Olympia, WA 98504; or
(iii) Electronic delivery to the board at
			 licensingap-peals@lcb.wa.gov.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-140 - Death or incapacity of a cannabis licensee

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 appointed guardian, executor, administrator, trustee, or assignee must notify
			 the WSLCB's licensing and regulation division in the event of the death,
			 incapacity, bankruptcy, or assignment for benefit of creditors of any
			 licensee.
(2) The WSLCB may give
			 the appointed guardian, executor, administrator, trustee, or assignee written
			 approval to continue cannabis 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.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-145 - Are cannabis license fees refundable?

Current through Register Vol. 24-14, July 15, 2024
When a license is suspended or canceled, or the licensed
				business is discontinued, the unused portion of the cannabis license fee will
				not be refunded.
Statutory Authority:
				RCW
				69.50.325,
				69.50.331,
				69.50.342,
				69.50.345. WSR 13-21-104,
				§ 314-55-145, filed 10/21/13, effective 11/21/13. WSR 13-21-003,
				§ 314-55-145, filed 10/3/2013, effective
				11/3/2013
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-147 - What hours may a cannabis retailer licensee conduct sales?

Current through Register Vol. 24-14, July 15, 2024
A cannabis retailer licensee may sell usable cannabis, cannabis
				concentrates, cannabis-infused products, and cannabis paraphernalia between the
				hours of 8 a.m. and 12 a.m.
Statutory Authority:
				RCW
				69.50.325,
				69.50.331,
				69.50.342,
				69.50.345. WSR 13-21-104,
				§ 314-55-147, filed 10/21/13, effective 11/21/13. WSR 13-21-003,
				§ 314-55-147, filed 10/3/2013, effective
				11/3/2013
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-150 - What are the forms of acceptable identification?

Current through Register Vol. 24-14, July 15, 2024
(1) Following are the forms of identification
			 that are acceptable to verify a person's age for the purpose of purchasing
			 cannabis:
(a) Driver's license, instruction
			 permit, or identification card of any state, or province of Canada, from a U.S.
			 territory or the District of Columbia, or "identicard" issued by the Washington
			 state department of licensing per
			 RCW
			 46.20.117;
(b) United States armed forces identification
			 card issued to active duty, reserve, and retired personnel and the personnel's
			 dependents, which may include an embedded, digital signature in lieu of a
			 visible signature;
(c)
			 Passport;
(d) Merchant Marine
			 identification card issued by the United States Coast Guard; and
(e) Enrollment card issued by the governing
			 authority of a federally recognized Indian tribe located in Washington, if the
			 enrollment card incorporates security features comparable to those implemented
			 by the department of licensing for Washington driver's licenses.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-155 - Advertising requirements and promotional items-Coupons, giveaways, etc

Current through Register Vol. 24-14, July 15, 2024
The following provisions apply in addition to the requirements
				and restrictions in
				RCW
				69.50.369.
(1)
Advertising generally.
The
			 following requirements apply to all advertising by cannabis licensees in
			 Washington state.
(a) All cannabis
			 advertising and labels of useable cannabis, cannabis concentrates, and
			 cannabis-infused products sold in the state of Washington must not contain any
			 statement, or illustration that:
(i) Is false
			 or misleading;
(ii) Promotes over
			 consumption;
(iii) Represents the
			 use of cannabis has curative or therapeutic effects;
(iv) Depicts a child or other person under
			 legal age to consume cannabis, or includes:
(A) The use of objects, such as toys,
			 inflatables, movie characters, cartoon characters suggesting the presence of a
			 child, or any other depiction or image designed in any manner to be likely to
			 be appealing to youth or especially appealing to children or other persons
			 under legal age to consume cannabis; or
(B) Is designed in any manner that would be
			 especially appealing to children or other persons under 21 years of
			 age.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-165 - Objections to cannabis license renewals

Current through Register Vol. 24-14, July 15, 2024
(1)
How can local cities, counties, tribal governments, or port authorities
			 object to the renewal of a cannabis license?
(a) The WSLCB will give governmental
			 jurisdictions approximately 90 days written notice of premises that hold annual
			 cannabis licenses in that jurisdiction that are up for renewal.
(b) Per
			 RCW
			 69.50.331, if a county, city, tribal
			 government, or port authority wants to object to the renewal of a cannabis
			 license in its jurisdiction, it must submit a letter to the WSLCB detailing the
			 reason(s) for the objection and a statement of all facts on which the
			 objections are based.
(c) The
			 county, city, tribal government, or port authority may submit a written request
			 to the WSLCB for an extension for good cause shown.
(d) This letter must be received by the WSLCB
			 at least 30 days before the cannabis license expires. The objection must state
			 specific reasons and facts that show issuance of the cannabis license at the
			 proposed location or to the applicant business how it will detrimentally impact
			 the safety, health, or welfare of the community.
(e) If the objection is received within 30
			 days of the expiration date or the licensee has already renewed the license,
			 the objection will be considered as a complaint and possible license revocation
			 may be pursued by the enforcement division.
(f) Objections from the public will be
			 referred to the appropriate city, county, tribal government, or port authority
			 for action under subsection (2) of this section. Upon receipt of the objection,
			 the WSLCB's licensing and regulation division will acknowledge receipt of the
			 objection(s) and forward to the appropriate city, county, tribal government, or
			 port authority. Such jurisdiction may or may not, based on the public
			 objection, request nonrenewal.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-185 - WSLCB right to inspect premises or vehicles associated with a license to produce, process, sell, research, or transport cannabis

Current through Register Vol. 24-14, July 15, 2024
(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 cannabis, useable cannabis, cannabis concentrates, cannabis-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 cannabis, useable cannabis, cannabis concentrates, or
			 cannabis-infused products at any licensed location, or while en route during
			 transportation;
(c) Records as
			 outlined in this chapter; and
(d)
			 Cannabis, useable cannabis, cannabis concentrates, or cannabis-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).
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-200 - How will the WSLCB identify cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products during checks of licensed businesses?

Current through Register Vol. 24-14, July 15, 2024
Officers shall identify cannabis, useable cannabis, cannabis
				concentrates, and cannabis-infused products during on-site inspections of
				licensed producers, processors, and retailers of cannabis by means of product
				in the traceability system, and/or by observation based on training and
				experience. Products that are undetermined to be cannabis, useable cannabis,
				and cannabis-infused products will be verified by the following:
(1) Officers may take a sample large enough
			 for testing purposes;
(2) Field
			 test kits may be used if available and appropriate for the type of product
			 being verified; and
(3) Those
			 samples not able to be tested with a field test kit may be tested through the
			 Washington state toxicology or crime lab.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-220 - What is the process once the WSLCB summarily orders cannabis, useable cannabis, cannabis concentrates, or cannabis-in-fused products of a cannabis licensee to be destroyed?

Current through Register Vol. 24-14, July 15, 2024
(1) The WSLCB may
			 issue an order to summarily destroy cannabis, useable cannabis, cannabis
			 concentrates, or cannabis-infused products after the WSLCB's enforcement
			 division has completed a preliminary staff investigation of the violation and
			 upon a determination that immediate destruction of cannabis, useable cannabis,
			 cannabis concentrates, or cannabis-infused products is necessary for the
			 protection or preservation of the public health, safety, or welfare.
(2) Destruction of any cannabis, useable
			 cannabis, cannabis concentrates, or cannabis-infused products under this
			 provision shall take effect immediately upon personal service on the licensee
			 or employee thereof of the summary destruction order unless otherwise provided
			 in the order.
(3) When a license
			 has been issued a summary destruction order by the WSLCB, an adjudicative
			 proceeding for the associated violation or other action must be promptly
			 instituted before an administrative law judge assigned by the office of
			 administrative hearings. If a request for an administrative hearing is timely
			 filed by the licensee, then a hearing shall be held within 90 days of the
			 effective date of the summary destruction ordered by the WSLCB.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-225 - Cannabis recalls

Current through Register Vol. 24-14, July 15, 2024
(1)
Definitions.
For the purposes of this section, the following
			 definitions apply:
(a) "Affected product"
			 means cannabis, useable cannabis, cannabis concentrates, or cannabis-infused
			 products subject to a recall.
(b)
			 "Affected licensee" means a licensee whose cannabis, useable cannabis, cannabis
			 concentrates, or cannabis-infused products are subject to a recall. More than
			 one licensee may be an affected licensee in a recall.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-230 - What are the procedures the WSLCB will use to destroy or donate cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products to law enforcement?

Current through Register Vol. 24-14, July 15, 2024
(1) The WSLCB may
			 require a cannabis licensee to destroy cannabis, useable cannabis, cannabis
			 concentrates, and cannabis-infused products found in a licensed establishment
			 to be in excess of product limits set forth in WAC
			 314-55-075,
			 314-55-077,
			 and
			 314-55-079.
(2) Destruction of seized cannabis, useable
			 cannabis, cannabis concentrates, cannabis-infused products, or confiscated
			 cannabis after case adjudication, will conform with the WSLCB evidence
			 policies, to include the option of donating cannabis, useable cannabis,
			 cannabis concentrates, and cannabis-infused products, set for destruction, to
			 local and state law enforcement agencies for training purposes only.
(3) Cannabis, useable cannabis, cannabis
			 concentrates, and cannabis-infused products set for destruction shall not
			 reenter the traceability system or market place.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-410 - Cooperatives

Current through Register Vol. 24-14, July 15, 2024
(1) A cooperative
			 may be formed by qualifying patients and/or designated providers to share
			 responsibility for growing and processing cannabis 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
			 21 years of age. The designated provider of a qualifying patient under 21 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 useable cannabis that can be produced with the number of plants
			 permitted, but no more than 72 ounces;
(h) Cooperative members may not sell, donate,
			 or otherwise provide cannabis, cannabis concentrates, useable cannabis, or
			 other cannabis-in-fused 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 cannabis retailer;
(j) A cooperative must be located 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 cannabis production must be
			 enclosed by a sight obscure wall or fence at least eight feet high.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-415 - What are the recordkeeping and reporting requirements for cooperatives?

Current through Register Vol. 24-14, July 15, 2024
(1) Cannabis cooperatives must keep records
			 that clearly reflect all activity, inventory, and conditions of the
			 cooperative. The following records must be kept in a format prescribed by the
			 WSLCB. All records must be maintained on the cooperative premises for a
			 three-year period and must be made available for inspection if requested by an
			 employee of the WSLCB, the department of health, the department of revenue, or
			 local law enforcement.
(a) Cooperatives must
			 maintain a plant log to track each cannabis plant from the time it enters the
			 cooperative. At minimum, tracking must include:
(i) Unique plant identification numbers for
			 each plant at the cooperative;
(ii)
			 The date the plant was brought into the cooperative; and
(iii) The date the plant leaves the
			 cooperative, including the reason, (e.g., harvested, destroyed, or member left
			 the cooperative).
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-417 - Sales of immature plants or clones and seeds from licensed producers to members of cooperatives, qualifying patients, and designated providers

Current through Register Vol. 24-14, July 15, 2024
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 cannabis patients who enter into
			 the medical cannabis 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 cannabis producer.
(2) Qualifying patients and designated
			 providers who hold a valid unexpired recognition card and have been entered
			 into the medical cannabis authorization database established and maintained by
			 the department of health, may purchase immature plants or clones and seeds from
			 a licensed cannabis 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 cannabis
			 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.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-430 - Qualifying patient or designated provider extraction requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Qualifying patients or designated
			 providers, including those participating in a cooperative, may extract or
			 separate the resin from cannabis using only the following noncombustible
			 methods:
(a) Heat, screens, presses, steam
			 distillation, ice water, and other methods without employing combustible
			 solvents or gases to create kief, hashish, or bubble hash;
(b) Dairy butter, cooking oils or fats
			 derived from natural sources, or other home cooking substances;
(c) Food grade glycerin and propylene glycol
			 solvent based extraction;
(d)
			 CO2 may be used if used in a closed loop system as
			 referenced in WAC
			 314-55-104.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-502 - Notice of correction

Current through Register Vol. 24-14, July 15, 2024
(1) The board
			 may issue a notice of correction to a licensee during a nontechnical assistance
			 inspection or visit as described in this chapter if the board becomes aware of
			 conditions that are not in compliance with chapters 69.50 and 69.51A RCW, and
			 this chapter.
(2) The notice of
			 correction must include and clearly state:
(a) A detailed description of the
			 noncompliant condition;
(b) The
			 text of the specific section or subsection of the applicable rule;
(c) A statement of what is required to
			 achieve compliance;
(d) The date by
			 which the board requires compliance to be achieved;
(e) Notice of the means to contact any
			 technical assistance services provided by the board or others; and
(f) Notice of when, where, and to whom a
			 request to extend the time to achieve compliance for good cause may be filed
			 with the board.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-505 - Administrative violation notice

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 board may issue an administrative violation notice without issuing a notice of
			 correction if:
(a) The licensee is not in
			 compliance with chapters 69.50 and 69.51A RCW, this chapter, or both, and the
			 noncompliance poses a direct or immediate threat to public health and
			 safety;
(b) The licensee has
			 previously been subject to an enforcement action or written notice for a
			 violation of the same statute or rule within the same penalty category, the
			 notice of correction for the violation has already been issued, the licensee
			 failed to timely comply with the notice, and such notice is not subject to a
			 pending request to the board to extend the time to achieve compliance;
			 or
(c) The licensee has failed to
			 respond to prior administrative violation notices or has outstanding unpaid
			 monetary penalties; and
(d) The
			 board can prove by a preponderance of the evidence:
(i) Diversion of cannabis product out of the
			 regulated market or sales across state lines;
(ii) Furnishing of cannabis product to
			 persons under 21 years of age;
(iii) Diversion of revenue to criminal
			 enterprises, gangs, cartels, or parties not qualified to hold a cannabis
			 license based on criminal history requirements;
(iv) The commission of noncannabisrelated
			 crimes; or
(v) Knowingly making a
			 misrepresentation of fact to the board, an officer of the board, or an employee
			 of the board related to conduct or action that is, or is alleged to be, any of
			 the violations identified in (d)(i) through (iv) of this subsection.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-5055 - Resolution options

Current through Register Vol. 24-14, July 15, 2024
(1) A licensee
			 must respond to an administrative violation notice within 20 calendar days from
			 receipt of the notice. The response must be submitted on a form provided by the
			 board. The licensee may:
(a) Accept the
			 recommended penalty identified in the administrative violation
			 notice;
(b) Request a settlement
			 conference in writing;
(c) Request
			 an administrative hearing in writing.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-506 - Summary license suspension

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The board may summarily suspend any license after the board's enforcement
			 division has:
(a) Completed a preliminary
			 staff investigation of the violation; and
(b) Upon a determination that immediate
			 cessation of the licensed activities is necessary for the protection or
			 preservation of the public health, safety, or welfare.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-507 - Petition for stay

Current through Register Vol. 24-14, July 15, 2024
(1) When the board
			 summarily suspends a license under WAC
			 314-55-506,
			 an affected licensee may petition the board for a stay of suspension. A
			 petition for a stay of suspension must be received by the board within ten
			 calendar days of service of the summary suspension order on the licensee. The
			 petition for stay must clearly describe the basis for the stay.
(2) A hearing will be held before an
			 administrative law judge within fourteen calendar days of receipt of a timely
			 petition for stay. The hearing is limited to consideration of whether a stay
			 should be granted, or whether the terms of the suspension will be modified to
			 allow the conduct of limited activities under current licenses.
(3) A hearing conducted under subsection (2)
			 of this section will be a brief adjudicative proceeding under
			 RCW
			 34.05.485. The agency record for the hearing
			 must consist of the documentary information upon which the summary suspension
			 was based. The licensee is permitted to supplement the record with additional
			 documentation during the brief adjudicative proceeding. The licensee must
			 demonstrate by clear and convincing evidence that:
(a) The licensee is likely to prevail upon
			 the merits at hearing;
(b) Without
			 relief, the licensee will suffer irreparable injury. For purposes of this
			 section, income alone from licensed activities is not deemed irreparable
			 injury;
(c) The grant of relief
			 will not substantially harm other parties to the proceedings; and
(d) The threat to the public health, safety,
			 or welfare is not sufficiently serious to justify continuation of the
			 suspension, or that modification of the terms of the suspension will adequately
			 protect the public interest.