Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-210 - Will the WSLCB seize or confiscate cannabis, cannabis concentrates, use-able cannabis, and cannabis-infused products?

Current through Register Vol. 24-14, July 15, 2024
The WSLCB may seize, destroy, confiscate, or place an
				administrative hold on cannabis, useable cannabis, cannabis concentrates, and
				cannabis-infused products under the following circumstances:
(1) During an unannounced or announced
			 administrative search or inspection of licensed locations, areas of unlicensed
			 locations used for business or commercial purposes, or vehicles involved in the
			 transportation of cannabis products, where any product was found to be in
			 excess of product limitations set forth in WAC
			 314-55-075,
			 314-55-077,
			 and
			 314-55-079.
(2) Any product not properly logged in
			 inventory records or un-traceable product required to be in the traceability
			 system.
(3) Cannabis, cannabis
			 concentrates, useable cannabis, and cannabis-infused product that are altered
			 or not properly packaged and labeled in accordance with WAC
			 314-55-105.
(4) During a criminal investigation, officers
			 shall follow seizure laws detailed in
			 RCW
			 69.50.505 and any other applicable criminal
			 codes.
(5) The WSLCB may destroy
			 any cannabis, cannabis concentrate, useable cannabis, and/or cannabis-infused
			 products in its possession that is not identifiable through the Washington
			 cannabis traceability system or otherwise in a form that is not compliant with
			 Washington's cannabis statutes or rules, chapters 69.50 RCW and 314-55
			 WAC.
(6) WSLCB officers may order
			 an administrative hold of cannabis, useable cannabis, cannabis concentrates,
			 and cannabis-infused products to prevent destruction of evidence, diversion or
			 other threats to public safety, while permitting a licensee to retain its
			 inventory pending further investigation, pursuant to the following procedure:
(a) If during an investigation or inspection
			 of a licensee, a WSLCB officer develops reasonable grounds to believe certain
			 cannabis, useable cannabis, cannabis concentrates, and cannabis-infused
			 products constitute evidence of acts in violation of the state laws or rules,
			 or otherwise constitute a threat to public safety, the WSLCB officer may issue
			 a notice of administrative hold of any such cannabis, useable cannabis,
			 cannabis concentrate, or cannabis-infused products. The notice of
			 administrative hold shall provide a documented description of the cannabis,
			 usea-ble cannabis, cannabis concentrate, or cannabis-infused products to be
			 subject to the administrative hold.
(b) The licensee shall completely and
			 physically segregate the cannabis, useable cannabis, cannabis concentrate, and
			 cannabis-infused products subject to the administrative hold in a limited
			 access area of the licensed premises under investigation, where it shall be
			 safeguarded by the licensee. Pending the outcome of the investigation and any
			 related disciplinary proceeding, the licensee is prohibited from selling,
			 giving away, transferring, transporting, or destroying the cannabis, useable
			 cannabis, cannabis concentrate, and cannabis-infused products subject to the
			 administrative hold.
(c) Nothing
			 herein shall prevent a licensee from the continued cultivation or harvesting of
			 the cannabis subject to the administrative hold. All cannabis, useable
			 cannabis, cannabis concentrate, and cannabis-infused products subject to the
			 administrative hold must be put into separate harvest batches from product not
			 subject to the administrative hold.
(d) Following an investigation, the WSLCB may
			 lift the administrative hold, order the continuation of the administrative
			 hold, or seek a final agency order for the destruction of the cannabis, useable
			 cannabis, cannabis concentrate, and cannabis-infused products.