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Interim Policy: Recreational Marijuana

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Interim Policy: Recreational Marijuana

Today the Washington State Liquor Control Board adopted a Revised Interim Policy on Recreational Marijuana. This policy is needed to implement ESHB 2304 which was passed during the 2014 legislative session. The interim policy will be in effect until permanent rules are adopted. A CR 101 was filed with the Code Reviser’s Office on June 4, 2014, to begin rulemaking for permanent rules. You can view the interim policy here.

Purpose:

ESHB 2304 passed in the 2014 legislative session creating changes in the Marijuana Processor and Retail Licenses. An interim policy is required until permanent rules are adopted by the board.

Policy Statement:

(1) Marijuana Producer: 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 board.

A marijuana producer licensee must pay to the board a marijuana excise tax of twenty-five percent of the selling price on each wholesale sale to a licensed marijuana producer or marijuana processor.

(2) Marijuana Processor: A marijuana processor license allows the licensee to process, package, and label usable marijuana, marijuana concentrates, and marijuana-infused products for sale at wholesale to other marijuana processors and marijuana retailers.

On a monthly basis, marijuana processors must maintain records and report purchases from licensed marijuana producers and processors, production of marijuana concentrates and marijuana-infused products, sales by product type to marijuana processors and marijuana retailers, and lost and/or destroyed product in a manner prescribed by the board.

A marijuana processor licensee must pay to the board a marijuana excise tax of twenty-five percent of the selling price on each wholesale sale of usable marijuana, marijuana concentrates, and marijuana-infused product to a licensed marijuana retailer and/or processor.

(3) Marijuana Retailer: A marijuana retailer license allows the licensee to sell only usable marijuana, marijuana concentrates, marijuana-infused products, and marijuana paraphernalia at retail in retail outlets to persons twenty-one years of age and older.

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 board.

A marijuana retailer licensee must pay to the board a marijuana excise tax of twenty-five percent of the selling price on each retail sale of usable marijuana, marijuana concentrates, or marijuana-infused products.

(4) Transaction limitation. A single transaction is limited to one ounce of usable marijuana, sixteen ounces of marijuana-infused product in solid form, seven grams of marijuana concentrates, and seventy-two ounces of marijuana-infused product in liquid form for persons twenty-one years of age and older.

(5) Packaging: Marijuana-infused products and marijuana concentrates meant to be eaten, swallowed, or inhaled, must be packaged in child resistant packaging in accordance with Title 16 C.F.R. 1700 of the Poison Prevention Packaging Act or use standards specified in this subsection. Marijuana-infused products and marijuana concentrates in solid or liquid form may be packaged in plastic four mil or greater in thickness and be heat sealed with no easy-open tab, dimple, corner, or flap as to make it difficult for a child to open and as a tamperproof measure. Marijuana-infused product in liquid form may also be sealed using a metal crown cork style bottle cap.

(6) Accompanying Material: Marijuana concentrates sold at retail must contain accompanying material that contains the following warnings that state:

(a) “There may be health risks associated with consumption of this product”;
(b) “This product is infused with marijuana or active compounds of marijuana”;
(c) “Should not be used by women that are pregnant or breast feeding”;
(d) “For use only by adults twenty-one and older. Keep out of reach of children”;
(e) “Products containing marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug”;
(f) “Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by two or more hours”;
(g) Statement that discloses all pesticides applied to the marijuana plants and growing medium during production of the base marijuana used to create the extract; and
(h) Statement that discloses the type of extraction method, including any solvents, gases, or other chemicals or compounds used to produce or is added to the extract.

(7) Labels: Labels affixed to the container or package containing marijuana-infused products or marijuana concentrates sold at retail must include:

(a) The business or trade name and Washington state unified business identifier number of the licensees that produced, processed, and sold the usable marijuana;
(b) Lot numbers of all base marijuana used to create the extract;
(c) Batch number;
(d) Date manufactured;
(e) Best by date;
(f) Recommended serving size and the number of servings contained within the unit, including total milligrams of active tetra hydrocannabinol (THC), or Delta 9;
(g) Net weight in ounces and grams, or volume as appropriate;
(h) List of all ingredients and any allergens;
(i) “Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by two or more hours.”
(j) If a marijuana extract was added to the product, disclosure of 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;
(k) Warnings that state: “This product has intoxicating effects and may be habit forming”;
(I) Statement that “This product may be unlawful outside of Washington state”;
(m) The board may create a logo that must be placed on all usable marijuana and marijuana-infused products.

(8) Public Records Exemptions: The following information is exempt from public record requests:

(a) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a marijuana producer, processor, or retailer license, or liquor license. (See ROW 42.56.270)


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