wa-law.org > bill > 2025-26 > HB 1932 > Original Bill
The legislature finds that consumers who legally purchase cannabis products from Washington's licensed and regulated cannabis market lack legal pathways to responsibly consume cannabis products in safe and regulated environments outside of their homes. Some living situations do not allow the use of cannabis, and so for many people there remains no legal and practical pathways to consume cannabis under Washington law. The legislature finds that creating a legal pathway for cannabis consumption is within the spirit of Initiative Measure No. 502, which called for bringing cannabis under a tightly regulated, state-licensed system similar to that for controlling hard alcohol. Washington's cannabis market has grown and matured substantially since 2012; it is time to continue the considered evolution of the industry by creating legal environments where adult consumers age 21 and over may purchase and consume cannabis products on-site in designated consumption areas. The legislature finds that by creating a cannabis event organizer license as a new license type to conduct a limited number of events each year, subject to statutory and regulatory requirements, local government ordinances, and regulation by the liquor and cannabis board, Washington can follow the lead of other states that have successfully legalized cannabis consumption events or activities and entrusted their citizens to partake responsibly.
There is a cannabis consumption event organizer license available to a person or entity that does not hold a cannabis license under this chapter. The license authorizes the holder to organize and conduct consumption events at specified locations on specified dates and times approved by the board at which adults age 21 and over may purchase single-use cannabis products and ready-to-consume cannabis products from the licensed cannabis consumption event organizer or from participating cannabis producers, processors, and retailers, and consume single-use cannabis products and ready-to-consume cannabis products in approved consumption areas by smoking, vaporization, consumption, or ingestion, subject to the requirements and limitations in this section. A maximum of one event per calendar month may be conducted under the cannabis consumption event organizer license, with each event lasting a maximum of three consecutive days, except that two years after the effective date of this section, the board, by rule, may increase the maximum number of events per calendar month and the maximum duration of each individual event. The possession, delivery, distribution, and sale of cannabis, single-use cannabis products, and ready-to-consume cannabis products in accordance with this chapter and the rules adopted to implement and enforce it, by a validly licensed cannabis consumption event organizer, shall not be a criminal or civil offense under Washington state law. Every cannabis consumption event organizer license must be issued in the name of the applicant, must specify the location of the cannabis consumption event organizer's principal location where the licensee will operate, which must be within the state of Washington, and the holder thereof may not allow any other person to use the license. The application fee is $500. Annual license renewal is $200. An event permit is required as provided in subsection (5) of this section. No licensed cannabis consumption event organizer or its employees may perform work involving sale or service of single-use cannabis products, or preparation, sale, or service of ready-to-consume cannabis products to the public unless the individual conducting the activity holds a valid budtender permit as provided in section 3 of this act.
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A licensed cannabis consumption event organizer may:
Obtain, from a cannabis processor licensed under this chapter, or a cannabis processor operating consistent with a tribal-state cannabis agreement under RCW 43.06.490, single-use cannabis products for the purposes of resale and cannabis products approved by the board for preparation of ready-to-consume cannabis products for sale at retail at an approved consumption event;
Obtain, from a cannabis producer licensed under this chapter, or a cannabis producer operating consistent with a tribal-state cannabis agreement under RCW 43.06.490, cannabis for the preparation of ready-to-consume cannabis products for sale at retail at an approved consumption event;
Sell single-use cannabis products at retail to adults age 21 and over at the premises of an approved consumption event;
Prepare ready-to-consume cannabis products using cannabis and cannabis products and sell ready-to-consume cannabis products at retail to adults age 21 and over at the premises of an approved consumption event;
Sell noncannabis food and beverages to customers of a consumption event approved under this section;
Sell any other item that does not contain cannabis or cannabis products and is not intended for use with cannabis or cannabis products to customers of the cannabis consumption event; and
Provide live entertainment at the cannabis consumption event.
Consumption areas may be indoors subject to the limitations in this section on methods of consumption, or consumption areas may be outdoors. All sales and use, consumption, smoking, vaporization, and ingestion of cannabis products authorized for sale and consumption under this section must be out of the view of public places other than public places authorized for conducting the consumption event.
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Except as provided in (a)(ii) of this subsection (3), in an indoor consumption area approved by the board, the consumption or ingestion of single-use cannabis products and ready-to-consume cannabis products is permitted, but smoking or vaporizing single-use cannabis products and any other cannabis product is prohibited.
A temporary structure, including a tent with walls and a covered top, may be used at a consumption event and the smoking or vaporizing of single-use cannabis products is allowed in the temporary structure if there is a ventilation and exhaust system capable of expelling odors generated in the consumption area, reducing volatile organic compounds as defined in 40 C.F.R. Sec. 51.100(s), and maintaining the standards for air quality in the cannabis consumption area as may be required by board rules.
In an outdoor consumption area approved by the board, the consumption of single-use cannabis products is permitted by consumption, ingestion, smoking, and vaporization, and the consumption of ready-to-consume cannabis products is permitted by consumption and ingestion.
A licensee, and any participating licensed cannabis producer, processor, or retailer, must make available personal protective equipment including masks and gloves and have procedures that ensure employees are reasonably protected from secondhand smoke, vapor, or other workplace safety concerns.
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A cannabis consumption event organizer licensee must not allow: (i) The use, smoking, vaporization, consumption, or ingestion of cannabis products at any place that is within view of a public place; (ii) the entry of any person who is less than 21 years of age to a consumption event under this section; (iii) the use, smoking, vaporization, consumption, or ingestion of any cannabis product in the cannabis consumption area that is not a single-use cannabis product or ready-to-consume cannabis product; or (iv) a single-use cannabis product or ready-to-consume cannabis product that was purchased at the consumption event to be removed from the premises of the event.
A cannabis consumption event organizer licensee must ensure that only single-use cannabis products or ready-to-consume cannabis products that were purchased from the event organizer or participating licensed cannabis producers, processors, or retailers are consumed on the premises of the consumption event.
A cannabis consumption event organizer licensee is subject to the requirements in this subsection and the board's rules.
The licensee must have a temporary on-site consumption event permit issued by the board in advance of each consumption event and include in any application for the approval of a temporary on-site consumption event permit the location or address of the consumption event, a list of cannabis producers, processors, and retailers participating in the consumption event, and a diagram identifying the consumption event's premises, including designated areas for retail sales, consumption areas, and storage of cannabis products. The board may by rule establish the fee for a temporary on-site consumption event permit under this subsection, provided the fee may not exceed $500 per event. The event fee under this subsection (5)(a) for a licensee who obtained a license through the cannabis social equity program is waived through July 1, 2032.
The licensee is responsible for security, age verification, and all other activities at a consumption event. Participating licensed cannabis producers, processors, and retailers are also responsible for age verification at all of their activities at an event.
The licensee must demonstrate to the board that the licensee obtained any required local permit or approval.
The licensee must separate consumption areas from retail sales areas and other areas of the consumption event's premises.
The licensee must ensure that use, consumption, ingestion, smoking, or vaporization of cannabis products is not visible from any public place that is not authorized for the event.
The licensee must warehouse cannabis and single-use cannabis products at its principal place of business. If the licensee chooses to warehouse such products, the licensee may temporarily store these products at a consumption event for the purposes of sale to adults age 21 and over and making ready-to-consume cannabis products. The product must be in a locked storage compartment or container approved by the board and all remaining product must be returned back to the warehouse at the end of each day of the consumption event. Nothing in this section requires a licensee to possess or warehouse cannabis products or sell cannabis products directly to consumers. Licensees may choose to organize consumption events at which the sale of cannabis products is conducted only by participating cannabis producers, processors, and retailers.
The licensee must designate a limited access area or areas that can only be accessed by the licensee, participating cannabis producers, processors, retailers, designated staff of such licensees, and the board.
A licensee, and any participating producer, processor, or retailer, must train each employee concerning paraphernalia, single-use cannabis products, and ready-to-consume cannabis products including, without limitation, the proper use of paraphernalia, the potency, absorption time, and effects of single-use cannabis products and ready-to-consume cannabis products, the recognition of impairment from and overconsumption of cannabis, and the safe handling of a customer who is impaired. The training in this subsection is in addition to budtender permit requirements in section 3 of this act.
The licensee must submit a plan to the board setting forth protocols and procedures to deter customers from driving under the influence of cannabis and submit to the board such updates to the plan as the board may require.
The licensee must submit a plan to the board setting forth protocols and procedures to ensure that cannabis and cannabis products are not sold or otherwise distributed at a consumption event other than as authorized in this section and submit to the board such updates to the plan as the board may require.
Licensees must dispose of cannabis or cannabis products that are left at a consumption area in accordance with the procedures for disposal set forth by the rules of the board.
The licensee must post conspicuous notices at the point of sale with:
The same information required to be posted by cannabis retailers under RCW 69.50.357(5), which the department of health shall make available to licensees and licensed cannabis producers, processors, or retailers participating in consumption events; and
Information about the possible harmful impacts of cannabis consumption, risks of dependence or substance use disorder related to cannabis, and contact information to prevention, treatment, or support services.
The licensee must ensure that the:
Sale of cigarettes and tobacco products is prohibited at a consumption event;
Sale of vapor products, as defined in chapter 70.345 RCW, is prohibited at a consumption event;
Sale and consumption of alcohol is prohibited at a consumption event; and
Smoking or consumption of cigarettes or tobacco products and the use of vapor products that are not a cannabis product occur on the premises of a consumption event only in designated outdoor areas, consistent with chapter 70.160 RCW, that are separate from any consumption area in which consumption of single-use cannabis products and ready-to-consume cannabis products is allowed under this section.
The licensee shall not employ persons under age 21.
The licensee must comply with all local ordinances.
The licensee must comply with any requirements in the rules of the board.
A licensed cannabis consumption event organizer is not considered to be a cannabis retailer under this chapter, but may sell cannabis products directly to consumers for consumption at an approved consumption event in a consumption area. A licensed cannabis consumption event organizer shall collect and remit the cannabis excise tax in RCW 69.50.540.
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Except as provided in (b) of this subsection, the board may not issue more than one cannabis consumption event organizer license under this section to any one person.
The board may approve a transfer of a cannabis consumption event organizer license to a person who is approved to acquire a 100 percent ownership interest in a cannabis consumption event organizer, if the transfer complies with requirements of the board and will not result in the person holding more than two cannabis consumption event organizer licenses.
For the purposes of this section, "public place" has the meaning provided in RCW 66.04.010, but the exclusions in RCW 66.04.011 do not apply.
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For employees of a cannabis consumption event organizer licensed under section 2 of this act, or employees of licensed cannabis producers, processors, or retailers authorized to participate in a consumption event under section 2 of this act, who perform work involving sale or service of single-use cannabis products to the public, or preparation, sale, or service of ready-to-consume cannabis products to the public, the employee must obtain a valid budtender permit before conducting such activities and working at a consumption event. A budtender permit is awarded upon successful completion of a budtender training program provided by, or approved by, the board. A budtender permit is valid for a period of two years unless the board takes enforcement action against the permit holder before the expiration of the permit and the permit is suspended or revoked by the board. The board must establish the elements of a budtender permit program, including permit fees, by rule.
The budtender training program must cover topics including, but not limited to, responsible sales and service of cannabis, the prevention of overconsumption or impairment of a person with respect to cannabis, assisting persons who may experience negative effects of impairment by cannabis, differences in cannabis product types including delayed effects of certain edible products, considerations for inexperienced or first-time consumers of cannabis, and considerations for responsible transportation and avoiding violations of RCW 46.61.502 by customers. The board must consult with the department of health to ensure the curriculum of the budtender training program provided by the board does not include topics related to health or medical issues that are addressed in a training or education program leading to a medical cannabis consultant certificate established under RCW 69.51A.290. Topics that may be included in both the budtender training program and a medical cannabis consultant certificate training or education program are: State laws and rules related to cannabis, safe handling of cannabis products including single-use cannabis products and ready-to-consume cannabis products, and reducing access by minors to cannabis products.
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The board may suspend or revoke a budtender permit if it finds the permit holder has violated or permitted anyone to act in violation of this chapter. The board must immediately suspend the budtender permit of any person who has been certified under RCW 74.20A.320 as being a responsible parent who is not in compliance with a child support order.
Suspension or revocation of an employee's budtender permit does not relieve a cannabis consumption event organizer licensee or licensed producer, processor, or retailer of responsibility for any action by one of its employees under this chapter. The board may, in its discretion, revoke or suspend either the budtender permit of an employee or the license of a cannabis consumption event organizer on whose premises the violation occurred, the license of the participating producer, processor, or retailer, or both the budtender permit and the cannabis business's license. The board's rules implementing this section must include provisions for appeal of its decision to suspend or revoke a budtender permit or the cannabis business's license or both the permit and the license.
Budtender permit holders who have their permits suspended for failure to pay child support under RCW 74.20A.320 through 74.20A.330 must contact the department of social and health services to have the suspension released, and the department must notify the board when it determines the parent's noncompliance status has changed.
Any person who has had a budtender permit revoked may not seek or accept employment with a cannabis consumption event organizer, or with a cannabis producer, processor, or retailer, in a position involving sale or service of any cannabis product to the public for a period of at least one year following revocation of the budtender permit. It is a violation of this chapter for a cannabis consumption event organizer licensee, or a cannabis producer, processor, or retailer participating in a consumption event, to provide employment requiring a budtender permit to any person who does not hold a valid budtender permit.
The following acts, when performed by a validly licensed cannabis consumption event organizer or employee of a validly licensed cannabis consumption event organizer in compliance with rules adopted by the board to implement this chapter, do not constitute criminal or civil offenses under Washington state law:
The purchase and receipt of cannabis from a validly licensed cannabis producer under this chapter or operating in compliance with a compact entered into under RCW 43.06.490, and purchase and receipt of single-use cannabis products that have been properly packaged and labeled as cannabis products approved by the board for the preparation of ready-to-consume cannabis products, from a cannabis processor validly licensed under this chapter or operating in compliance with a compact entered into under RCW 43.06.490;
The possession of quantities of cannabis, single-use cannabis products, and ready-to-consume cannabis products that do not exceed the maximum amounts established by the board;
The delivery, distribution, and sale, on the premises of an approved consumption event, of a combination of single-use cannabis products and ready-to-consume cannabis products, up to a maximum amount established by the board, to any person 21 years of age or older for the person's consumption on the premises.
Neither a licensed cannabis producer nor a licensed cannabis processor shall have a direct or indirect financial interest in a licensed cannabis retailer. Except as provided in subsection (2) of this section, neither a licensed cannabis producer, nor a licensed cannabis processor, nor a licensed cannabis retailer shall have a direct or indirect financial interest in a licensed cannabis consumption event organizer.
A licensed cannabis producer, processor, or retailer may participate at a consumption event conducted by a licensed cannabis consumption event organizer and approved by the board.
The board, subject to the provisions of this chapter, must adopt rules that establish the procedures and criteria necessary to implement the following:
Licensing of cannabis producers, cannabis processors, cannabis retailers, and cannabis consumption event organizers, including prescribing forms and establishing application, reinstatement, and renewal fees.
Application forms for cannabis producers must request the applicant to state whether the applicant intends to produce cannabis for sale by cannabis retailers holding medical cannabis endorsements and the amount of or percentage of canopy the applicant intends to commit to growing plants determined by the department under RCW 69.50.375 to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products sold to qualifying patients.
The board must reconsider and increase limits on the amount of square feet permitted to be in production on July 24, 2015, and increase the percentage of production space for those cannabis producers who intend to grow plants for cannabis retailers holding medical cannabis endorsements if the cannabis producer designates the increased production space to plants determined by the department under RCW 69.50.375 to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products to be sold to qualifying patients. If current cannabis producers do not use all the increased production space, the board may reopen the license period for new cannabis producer license applicants but only to those cannabis producers who agree to grow plants for cannabis retailers holding medical cannabis endorsements. Priority in licensing must be given to cannabis producer license applicants who have an application pending on July 24, 2015, but who are not yet licensed and then to new cannabis producer license applicants. After January 1, 2017, any reconsideration of the limits on the amount of square feet permitted to be in production to meet the medical needs of qualifying patients must consider information contained in the medical cannabis authorization database established in RCW 69.51A.230;
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Except as provided in RCW 69.50.335, determining, in consultation with the office of financial management, the maximum number of retail outlets, not including cannabis consumption event organizers licensed under section 2 of this act and authorized consumption events, that may be licensed in each county, taking into consideration:
Population distribution;
Security and safety issues;
The provision of adequate access to licensed sources of cannabis concentrates, useable cannabis, and cannabis-infused products to discourage purchases from the illegal market; and
The number of retail outlets holding medical cannabis endorsements necessary to meet the medical needs of qualifying patients. The board must reconsider and increase the maximum number of retail outlets it established before July 24, 2015, and allow for a new license application period and a greater number of retail outlets to be permitted in order to accommodate the medical needs of qualifying patients and designated providers. After January 1, 2017, any reconsideration of the maximum number of retail outlets needed to meet the medical needs of qualifying patients must consider information contained in the medical cannabis authorization database established in RCW 69.51A.230.
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In making the determination under (a) of this subsection, the board must consider written input from an incorporated city or town, or county legislative authority when evaluating concerns related to outlet density.
An incorporated city or town, or county legislative authority, may enact an ordinance prescribing outlet density limitations. An ordinance may not affect licenses issued before the effective date of the ordinance prescribing outlet density limitations.
The board may adopt rules to identify how local jurisdiction input will be evaluated;
Determining the maximum quantity of cannabis a cannabis producer may have on the premises of a licensed location at any time without violating Washington state law;
Determining the maximum quantities of cannabis, cannabis concentrates, useable cannabis, cannabis-infused products, and single-use cannabis products a cannabis processor may have on the premises of a licensed location at any time without violating Washington state law;
Determining the maximum quantities of cannabis concentrates, useable cannabis, and cannabis-infused products a cannabis retailer may have on the premises of a retail outlet at any time without violating Washington state law;
Determining the maximum quantities of cannabis, single-use cannabis products, and ready-to-consume cannabis products that a cannabis consumption event organizer licensee may have on its licensed premises or an authorized location at any time without violating Washington state law;
In making the determinations required by this section, the board shall take into consideration:
Security and safety issues;
The provision of adequate access to licensed sources of cannabis, cannabis concentrates, useable cannabis, cannabis-infused products, single-use cannabis products, and ready-to-consume cannabis products to discourage purchases from the illegal market; and
Economies of scale, and their impact on licensees' ability to both comply with regulatory requirements and undercut illegal market prices;
Determining the nature, form, and capacity of all containers to be used by licensees to contain cannabis, cannabis concentrates, useable cannabis, cannabis-infused products, single-use cannabis products, and ready-to-consume cannabis products, and their labeling requirements;
In consultation with the department of agriculture and the department, establishing classes of cannabis, cannabis concentrates, useable cannabis, cannabis-infused products, single-use cannabis products, and ready-to-consume cannabis products, according to grade, condition, cannabinoid profile, THC concentration, CBD concentration, or other qualitative measurements deemed appropriate by the board;
Establishing reasonable time, place, and manner restrictions and requirements regarding advertising of cannabis, cannabis concentrates, useable cannabis, cannabis-infused products, single-use cannabis products, and ready-to-consume cannabis products, that are not inconsistent with the provisions of this chapter, taking into consideration:
Federal laws relating to cannabis that are applicable within Washington state;
Minimizing exposure of people under 21 years of age to the advertising;
The inclusion of medically and scientifically accurate information about the health and safety risks posed by cannabis use in the advertising; and
Ensuring that retail outlets with medical cannabis endorsements may advertise themselves as medical retail outlets;
Specifying and regulating the time and periods when, and the manner, methods, and means by which, licensees shall transport and deliver cannabis, cannabis concentrates, useable cannabis, cannabis-infused products, and single-use cannabis products within the state;
In consultation with the department and the department of agriculture, prescribing methods of producing, processing, and packaging cannabis, cannabis concentrates, useable cannabis, cannabis-infused products, single-use cannabis products, and, as applicable, ready-to-consume cannabis products; conditions of sanitation; and standards of ingredients, quality, and identity of cannabis, cannabis concentrates, useable cannabis, cannabis-infused products, single-use cannabis products, and ready-to-consume cannabis products produced, processed, packaged, or sold by licensees;
Specifying procedures for identifying, seizing, confiscating, destroying, and donating to law enforcement for training purposes all cannabis, cannabis concentrates, useable cannabis, cannabis-infused products, single-use cannabis products, and ready-to-consume cannabis products produced, processed, packaged, labeled, or offered for sale in this state that do not conform in all respects to the standards prescribed by this chapter or the rules of the board;
Licensing and regulation of cannabis consumption event organizers, to include at a minimum the following:
Prescribing a list of single-use cannabis products comprising each type of cannabis and adult-use cannabis product that the board has determined to be appropriate for consumption at a consumption event;
Establishing standards for the content, quality, and potency of ready-to-consume cannabis products including, without limitation, the maximum THC concentration for such products;
Prescribing procedures and protocols for the preparation and safe handling of ready-to-consume cannabis products to ensure that each prepared product meets the standards established under (b) of this subsection;
Establishing requirements relating to the sale of ready-to-consume cannabis products including, without limitation, requirements relating to notifications that must be provided to a purchaser of the product at the time of sale;
Criteria for the approval of on-site consumption areas that are established by a licensee;
The issuance of on-site consumption permits for each consumption event organized and conducted by a cannabis consumption event organizer licensee and notice to the board of all participating cannabis licensees in any consumption event organized and conducted by a cannabis consumption event organizer licensee;
Requirements for the safe and healthful operation of consumption events and consumption areas including, without limitation: (i) Standards for the air quality in a cannabis consumption area; (ii) procedures and requirements for the collection and disposal of cannabis and cannabis products that are left at a cannabis consumption area or consumption event; and (iii) requirements for the training of employees of a cannabis consumption event organizer licensee in the sale and safe consumption of single-use cannabis products and ready-to-consume cannabis products; and
Transaction limits on quantities of single-use cannabis products and ready-to-consume cannabis products a person age 21 or over may purchase from a consumption event.
For the purpose of carrying into effect the provisions of chapter 3, Laws of 2013 according to their true intent or of supplying any deficiency therein, the board may adopt rules not inconsistent with the spirit of chapter 3, Laws of 2013 as are deemed necessary or advisable. Without limiting the generality of the preceding sentence, the board is empowered to adopt rules regarding the following:
The equipment and management of retail outlets and premises where cannabis is produced , processed, prepared, or consumed, and inspection of the retail outlets and premises where cannabis is produced , processed, or prepared;
The books and records to be created and maintained by licensees, the reports to be made thereon to the board, and inspection of the books and records;
Methods of producing, processing, and packaging cannabis, useable cannabis, cannabis concentrates, cannabis-infused products, single-use cannabis products, and, as applicable, ready-to-consume cannabis products; conditions of sanitation; safe handling requirements; approved pesticides and pesticide testing requirements; and standards of ingredients, quality, and identity of cannabis, useable cannabis, cannabis concentrates, cannabis-infused products, single-use cannabis products, and, as applicable, ready-to-consume cannabis products produced, processed, packaged, or sold by licensees;
Security requirements for retail outlets and premises where cannabis is produced or processed, and safety protocols for licensees and their employees;
Screening, hiring, training, and supervising employees of licensees;
Retail outlet locations and hours of operation;
Labeling requirements and restrictions on advertisement of cannabis, useable cannabis, cannabis concentrates, cannabis health and beauty aids, and cannabis-infused products for sale in retail outlets, and requirements and restrictions for single-use cannabis products and ready-to-consume cannabis products for sale and consumption at consumption events;
Forms to be used for purposes of this chapter and chapter 69.51A RCW or the rules adopted to implement and enforce these chapters, the terms and conditions to be contained in licenses issued under this chapter and chapter 69.51A RCW, and the qualifications for receiving a license issued under this chapter and chapter 69.51A RCW, including a criminal history record information check. The board may submit any criminal history record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the forms. The board must require fingerprinting of any applicant whose criminal history record information check is submitted to the federal bureau of investigation;
The manner of giving and serving notices required by this chapter and chapter 69.51A RCW or rules adopted to implement or enforce these chapters;
Times and periods when, and the manner, methods, and means by which, licensees transport and deliver cannabis, cannabis concentrates, useable cannabis, cannabis-infused products, single-use cannabis products, and ready-to-consume cannabis products within the state;
Identification, seizure, confiscation, destruction, or donation to law enforcement for training purposes of all cannabis, cannabis concentrates, useable cannabis, cannabis-infused products, single-use cannabis products, and ready-to-consume cannabis products produced, processed, sold, or offered for sale within this state which do not conform in all respects to the standards prescribed by this chapter or chapter 69.51A RCW or the rules adopted to implement and enforce these chapters;
The prohibition of any type of device used in conjunction with a cannabis vapor product and the prohibition of the use of any type of additive, solvent, ingredient, or compound in the production and processing of cannabis products, including cannabis vapor products, when the board determines, following consultation with the department of health or any other authority the board deems appropriate, that the device, additive, solvent, ingredient, or compound may pose a risk to public health or youth access;
Requirements for processors to submit under oath to the department of health a complete list of all constituent substances and the amount and sources thereof in each cannabis vapor product, including all additives, thickening agents, preservatives, compounds, and any other substance used in the production and processing of each cannabis vapor product;
Licensing and regulatory requirements for cannabis consumption event organizers licensed under section 2 of this act; and
Circumstances under which a person is authorized to consume single-use cannabis products and ready-to-consume cannabis products in a public licensed cannabis consumption event conducted under section 2 of this act. These rules may not prohibit a local government from adopting and enforcing an ordinance or rule governing the consumption of single-use cannabis products and ready-to-consume cannabis products in a public place in the jurisdiction of the local government that is more restrictive than the rules adopted by the board.
Rules adopted on retail outlets holding medical cannabis endorsements must be adopted in coordination and consultation with the department.
The board must adopt rules to perfect and expand existing programs for compliance education for licensed cannabis businesses and their employees. The rules must include a voluntary compliance program created in consultation with licensed cannabis businesses and their employees. The voluntary compliance program must include recommendations on abating violations of this chapter and rules adopted under this chapter.
For the purpose of considering any application for a license to produce, process, research, transport, or deliver cannabis, useable cannabis, cannabis concentrates, or cannabis-infused products subject to the regulations established under RCW 69.50.385, or sell cannabis, or allow the consumption of cannabis products, or for the renewal of a license to produce, process, research, transport, or deliver cannabis, useable cannabis, cannabis concentrates, or cannabis-infused products subject to the regulations established under RCW 69.50.385, or sell cannabis, or allow the consumption of cannabis products, the board must conduct a comprehensive, fair, and impartial evaluation of the applications timely received.
The board may cause an inspection of the premises to be made, and may inquire into all matters in connection with the construction and operation of the premises. For the purpose of reviewing any application for a license and for considering the denial, suspension, revocation, cancellation, or renewal or denial thereof, of any license, the board may consider any prior criminal arrests or convictions of the applicant, any public safety administrative violation history record with the board, and a criminal history record information check. The board may submit the criminal history record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the forms. The board must require fingerprinting of any applicant whose criminal history record information check is submitted to the federal bureau of investigation. The provisions of RCW 9.95.240 and of chapter 9.96A RCW do not apply to these cases. Subject to the provisions of this section, the board may, in its discretion, grant or deny the renewal or license applied for. Denial may be based on, without limitation, the existence of chronic illegal activity documented in objections submitted pursuant to subsections (7)(c) and (10) of this section. Authority to approve an uncontested or unopposed license may be granted by the board to any staff member the board designates in writing. Conditions for granting this authority must be adopted by rule.
No license of any kind may be issued to:
A person under the age of 21 years;
A person doing business as a sole proprietor who has not lawfully resided in the state for at least six months prior to applying to receive a license;
A partnership, employee cooperative, association, nonprofit corporation, or corporation unless formed under the laws of this state, and unless all of the members thereof are qualified to obtain a license as provided in this section; or
A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee.
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The board may, in its discretion, subject to RCW 43.05.160, 69.50.563, 69.50.562, 69.50.334, and 69.50.342(3) suspend or cancel any license; and all protections of the licensee from criminal or civil sanctions under state law for producing, processing, researching, or selling cannabis, cannabis concentrates, useable cannabis, or cannabis-infused products thereunder must be suspended or terminated, as the case may be.
The board must immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license is automatic upon the board's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
The board may request the appointment of administrative law judges under chapter 34.12 RCW who shall have power to administer oaths, issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and testimony, examine witnesses, receive testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, and consider mitigating and aggravating circumstances in any case and deviate from any prescribed penalty, under rules the board may adopt.
Witnesses must be allowed fees and mileage each way to and from any inquiry, investigation, hearing, or proceeding at the rate authorized by RCW 34.05.446. Fees need not be paid in advance of appearance of witnesses to testify or to produce books, records, or other legal evidence.
In case of disobedience of any person to comply with the order of the board or a subpoena issued by the board, or any of its members, or administrative law judges, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, the judge of the superior court of the county in which the person resides, on application of any member of the board or administrative law judge, compels obedience by contempt proceedings, as in the case of disobedience of the requirements of a subpoena issued from said court or a refusal to testify therein.
Upon receipt of notice of the suspension or cancellation of a license, the licensee must forthwith deliver up the license to the board. Where the license has been suspended only, the board must return the license to the licensee at the expiration or termination of the period of suspension. The board must notify all other licensees in the county where the subject licensee has its premises of the suspension or cancellation of the license; and no other licensee or employee of another licensee may allow or cause any cannabis, cannabis concentrates, useable cannabis, or cannabis-infused products to be delivered to or for any person at the premises of the subject licensee.
Every license issued under this chapter is subject to all conditions and restrictions imposed by this chapter or by rules adopted by the board to implement and enforce this chapter. All conditions and restrictions imposed by the board in the issuance of an individual license must be listed on the face of the individual license along with the trade name, address, and expiration date.
Every licensee must post and keep posted its license, or licenses, in a conspicuous place on the premises.
No licensee may employ any person under the age of 21 years.
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Before the board issues a new or renewed license to an applicant it must give notice of the application to the chief executive officer of the incorporated city or town, if the application is for a license within an incorporated city or town, or to the county legislative authority, if the application is for a license outside the boundaries of incorporated cities or towns, or to the tribal government if the application is for a license within Indian country, or to the port authority if the application for a license is located on property owned by a port authority.
The incorporated city or town through the official or employee selected by it, the county legislative authority or the official or employee selected by it, the tribal government, or port authority has the right to file with the board within 20 days after the date of transmittal of the notice for applications, or at least 30 days prior to the expiration date for renewals, written objections against the applicant or against the premises for which the new or renewed license is asked. The board may extend the time period for submitting written objections upon request from the authority notified by the board.
The written objections must include a statement of all facts upon which the objections are based, and in case written objections are filed, the city or town or county legislative authority may request, and the board may in its discretion hold, a hearing subject to the applicable provisions of Title 34 RCW. If the board makes an initial decision to deny a license or renewal based on the written objections of an incorporated city or town or county legislative authority, the applicant may request a hearing subject to the applicable provisions of Title 34 RCW. If a hearing is held at the request of the applicant, board representatives must present and defend the board's initial decision to deny a license or renewal.
Upon the granting of a license under this title the board must send written notification to the chief executive officer of the incorporated city or town in which the license is granted, or to the county legislative authority if the license is granted outside the boundaries of incorporated cities or towns.
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Except as provided in (b) through (e) of this subsection, the board may not issue a license for any premises within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged 21 years or older.
A city, county, or town may permit the licensing of premises within 1,000 feet but not less than 100 feet of the facilities described in (a) of this subsection, except elementary schools, secondary schools, and playgrounds, by enacting an ordinance authorizing such distance reduction, provided that such distance reduction will not negatively impact the jurisdiction's civil regulatory enforcement, criminal law enforcement interests, public safety, or public health.
A city, county, or town may permit the licensing of research premises allowed under RCW 69.50.372 within 1,000 feet but not less than 100 feet of the facilities described in (a) of this subsection by enacting an ordinance authorizing such distance reduction, provided that the ordinance will not negatively impact the jurisdiction's civil regulatory enforcement, criminal law enforcement, public safety, or public health.
The board may license premises located in compliance with the distance requirements set in an ordinance adopted under (b) or (c) of this subsection. Before issuing or renewing a research license for premises within 1,000 feet but not less than 100 feet of an elementary school, secondary school, or playground in compliance with an ordinance passed pursuant to (c) of this subsection, the board must ensure that the facility:
Meets a security standard exceeding that which applies to cannabis producer, processor, or retailer licensees;
Is inaccessible to the public and no part of the operation of the facility is in view of the general public; and
Bears no advertising or signage indicating that it is a cannabis research facility.
The board must issue a certificate of compliance if the premises met the requirements under (a), (b), (c), or (d) of this subsection on the date of the application. The certificate allows the licensee to operate the business at the proposed location notwithstanding a later occurring, otherwise disqualifying factor.
The board may not issue a license for any premises within Indian country, as defined in 18 U.S.C. Sec. 1151, including any fee patent lands within the exterior boundaries of a reservation, without the consent of the federally recognized tribe associated with the reservation or Indian country.
A city, town, or county may adopt an ordinance prohibiting a cannabis producer or cannabis processor from operating or locating a business within areas zoned primarily for residential use or rural use with a minimum lot size of five acres or smaller.
In determining whether to grant or deny a license or renewal of any license, the board must give substantial weight to objections from an incorporated city or town or county legislative authority based upon chronic illegal activity associated with the applicant's operations of the premises proposed to be licensed or the applicant's operation of any other licensed premises, or the conduct of the applicant's patrons inside or outside the licensed premises. "Chronic illegal activity" means (a) a pervasive pattern of activity that threatens the public health, safety, and welfare of the city, town, or county including, but not limited to, open container violations, assaults, disturbances, disorderly conduct, or other criminal law violations, or as documented in crime statistics, police reports, emergency medical response data, calls for service, field data, or similar records of a law enforcement agency for the city, town, county, or any other municipal corporation or any state agency; or (b) an unreasonably high number of citations for violations of RCW 46.61.502 associated with the applicant's or licensee's operation of any licensed premises as indicated by the reported statements given to law enforcement upon arrest.
The board may not issue a cannabis retail license for any premises not currently licensed if:
The board receives a written objection from the legislative authority of an incorporated city or town, or county legislative authority, relating to the physical location of the proposed premises;
The objection to the location from the incorporated city or town, or county legislative authority, is received by the board within 20 days of the board notifying the incorporated city or town, or county legislative authority, of the proposed cannabis retail location; and
The objection to the issuance of a cannabis retail license at the specified location is based on a preexisting local ordinance limiting outlet density in a specific geographic area. For purposes of this subsection (11), a preexisting local ordinance is an ordinance enacted and in effect before the date the applicant submits an application for a cannabis retail license to the board identifying the premises proposed to be licensed. No objection related to the physical location of a proposed premises may be made by a local government under this subsection (11) based on a local ordinance enacted after the date the applicant submits an application for a cannabis retail license to the board identifying the premises proposed to be licensed.
After January 1, 2024, all cannabis licensees are encouraged but are not required to submit a social equity plan to the board. Upon confirmation by the board that a cannabis licensee who is not a social equity applicant, and who does not hold a social equity license issued under RCW 69.50.335, has submitted a social equity plan, the board must within 30 days reimburse such a licensee an amount equal to the cost of the licensee's annual cannabis license renewal fee. The license renewal fee reimbursement authorized under this subsection is subject to the following limitations:
The board may provide reimbursement one time only to any licensed entity; and
Any licensed entity holding more than one cannabis license is eligible for reimbursement of the license renewal fee on only one license.
There shall be a cannabis producer's license regulated by the board and subject to annual renewal. The licensee is authorized to produce: (a) Cannabis for sale at wholesale to cannabis processors , other cannabis producers, and cannabis consumption event organizer licensees; (b) immature plants or clones and seeds for sale to cooperatives as described under RCW 69.51A.250; and (c) immature plants or clones and seeds for sale to qualifying patients and designated providers as provided under RCW 69.51A.310. The licensee is also authorized to prepare and sell ready-to-consume cannabis products and sell useable cannabis, in the form of a single-use cannabis product, in a manner authorized by the board, to adults age 21 and over at retail while participating in an approved consumption event conducted under section 2 of this act. The production, possession, delivery, distribution, and sale of cannabis, single-use cannabis products, and ready-to-consume cannabis products in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed cannabis producer, shall not be a criminal or civil offense under Washington state law. Every cannabis producer's license shall be issued in the name of the applicant, shall specify the location at which the cannabis producer intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a cannabis producer's license shall be $250. The annual fee for issuance and renewal of a cannabis producer's license shall be $1,381. A separate license shall be required for each location at which a cannabis producer intends to produce cannabis.
There shall be a cannabis processor's license to process, package, and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale at wholesale to cannabis processors and cannabis retailers, and process, package, and label single-use cannabis products for sale at wholesale to cannabis consumption event organizer licensees and to cannabis retailers participating at an approved consumption event under section 2 of this act, regulated by the board and subject to annual renewal. The licensee may sell single-use cannabis products and prepare and sell ready-to-consume cannabis products to adults age 21 and over while participating at a consumption event conducted under section 2 of this act. The processing, packaging, possession, delivery, distribution, and sale of cannabis, useable cannabis, cannabis-infused products, cannabis concentrates, single-use cannabis products, and ready-to-consume cannabis products in accordance with the provisions of this chapter and chapter 69.51A RCW and the rules adopted to implement and enforce these chapters, by a validly licensed cannabis processor, shall not be a criminal or civil offense under Washington state law. Every cannabis processor's license shall be issued in the name of the applicant, shall specify the location at which the licensee intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a cannabis processor's license shall be $250. The annual fee for issuance and renewal of a cannabis processor's license shall be $1,381. A separate license shall be required for each location at which a cannabis processor intends to process cannabis.
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There shall be a cannabis retailer's license to sell cannabis concentrates, useable cannabis, and cannabis-infused products at retail in retail outlets, and to sell single-use cannabis products and prepare and sell ready-to-consume cannabis products at consumption events under section 2 of this act, regulated by the board and subject to annual renewal. The possession, delivery, distribution, and sale of cannabis concentrates, useable cannabis, cannabis-infused products, single-use cannabis products, and ready-to-consume cannabis products in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed cannabis retailer, shall not be a criminal or civil offense under Washington state law. Every cannabis retailer's license shall be issued in the name of the applicant, shall specify the location of the retail outlet the licensee intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The application fee for a cannabis retailer's license shall be $250. The annual fee for issuance and renewal of a cannabis retailer's license shall be $1,381. A separate license shall be required for each location at which a cannabis retailer intends to sell cannabis concentrates, useable cannabis, and cannabis-infused products.
An individual retail licensee and all other persons or entities with a financial or other ownership interest in the business operating under the license are limited, in the aggregate, to holding a collective total of not more than five retail cannabis licenses.
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A cannabis retailer's license is subject to forfeiture in accordance with rules adopted by the board pursuant to this section.
The board shall adopt rules to establish a license forfeiture process for a licensed cannabis retailer that is not fully operational and open to the public within a specified period from the date of license issuance, as established by the board, subject to the following restrictions:
(A) No cannabis retailer's license may be subject to forfeiture within the first nine months of license issuance; and
(B) The board must require license forfeiture on or before 24 calendar months of license issuance if a cannabis retailer is not fully operational and open to the public, unless the board determines that circumstances out of the licensee's control are preventing the licensee from becoming fully operational and that, in the board's discretion, the circumstances warrant extending the forfeiture period beyond 24 calendar months.
iii. The board has discretion in adopting rules under this subsection (3)(c).
iv. This subsection (3)(c) applies to cannabis retailer's licenses issued before and after July 23, 2017. However, no license of a cannabis retailer that otherwise meets the conditions for license forfeiture established pursuant to this subsection (3)(c) may be subject to forfeiture within the first nine calendar months of July 23, 2017.
v. The board may not require license forfeiture if the licensee has been incapable of opening a fully operational retail cannabis business due to actions by the city, town, or county with jurisdiction over the licensee that include any of the following:
(A) The adoption of a ban or moratorium that prohibits the opening of a retail cannabis business; or
(B) The adoption of an ordinance or regulation related to zoning, business licensing, land use, or other regulatory measure that has the effect of preventing a licensee from receiving an occupancy permit from the jurisdiction or which otherwise prevents a licensed cannabis retailer from becoming operational.
d. The board may issue cannabis retailer licenses pursuant to this chapter and RCW 69.50.335.
The label on a cannabis product package, including cannabis concentrates, useable cannabis, or cannabis-infused products, sold at retail, and single-use cannabis products sold and consumed at a consumption event conducted under a cannabis consumption event organizer license, must include:
The business or trade name and Washington state unified business identifier number of the cannabis producer and processor;
The lot numbers of the product;
The THC concentration and CBD concentration of the product;
Medically and scientifically accurate and reliable information about the health and safety risks posed by cannabis use;
Language required by RCW 69.04.480; and
A disclaimer, subject to the following conditions:
Where there is one statement made under subsection (2) of this section, or as described in subsection (5)(b) of this section, the disclaimer must state "This statement has not been evaluated by the State of Washington. This product is not intended to diagnose, treat, cure, or prevent any disease."; and
Where there is more than one statement made under subsection (2) of this section, or as described in subsection (5)(b) of this section, the disclaimer must state "These statements have not been evaluated by the State of Washington. This product is not intended to diagnose, treat, cure, or prevent any disease."
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For cannabis products that have been identified by the department in rules adopted under RCW 69.50.375(4) in chapter 246-70 WAC as being a compliant cannabis product, the product label and labeling may include a structure or function claim describing the intended role of a product to maintain the structure or any function of the body, or characterize the documented mechanism by which the product acts to maintain such structure or function, provided that the claim is truthful and not misleading.
A statement made under (a) of this subsection may not claim to diagnose, mitigate, treat, cure, or prevent any disease.
The labels and labeling may not be:
False or misleading; or
Especially appealing to children.
The label is not required to include the business or trade name or Washington state unified business identifier number of, or any information about, the cannabis retailer selling the cannabis product.
A cannabis product is not in violation of any Washington state law or rule of the board solely because its label or labeling contains:
Directions or recommended conditions of use; or
A warning describing the psychoactive effects of the cannabis product, provided that the warning is truthful and not misleading.
This section does not create any civil liability on the part of the state, the board, any other state agency, officer, employee, or agent based on a cannabis licensee's description of a structure or function claim or the product's intended role under subsection (2) of this section.
Nothing in this section shall apply to a drug, as defined in RCW 69.50.101, or a pharmaceutical product approved by the United States food and drug administration.
The information required on a label under this section must, for ready-to-consume cannabis products sold under section 2 of this act, be provided either on a label meeting the requirements of this section or be provided to a consumer in accompanying material with the product in a format approved by the board.
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Beginning December 1, 2020, and until July 1, 2032, cannabis retailer licenses, cannabis processor licenses, cannabis producer licenses, and cannabis consumption event organizer licenses that have been subject to forfeiture, revocation, or cancellation by the board, or cannabis retailer licenses that were not previously issued by the board but could have been issued without exceeding the limit on the statewide number of cannabis retailer licenses established before January 1, 2020, by the board, may be issued or reissued to an applicant who meets the cannabis retailer license, cannabis processor license, cannabis producer license, or cannabis consumption event organizer license requirements of this chapter.
In accordance with (a) of this subsection, the board may issue or reissue:
Up to 100 cannabis processor licenses immediately; and
Beginning January 1, 2025, up to 10 cannabis producer licenses, which must be issued in conjunction with a cannabis processor license.
In addition to the cannabis retailer licenses and cannabis producer licenses that may be issued under (a) and (b) of this subsection, beginning January 1, 2023, and continuing every three years until July 1, 2032, the board may, with the approval of the legislature through the passage of a bill, increase the number of cannabis retailer licenses and cannabis producer licenses for the social equity program based on:
The most recent census data available as of January 1, 2023; and
The annual population estimates published by the office of financial management.
In addition to the cannabis retailer licenses that may be issued under (a) of this subsection, beginning January 1, 2024, and until July 1, 2032, the board may issue up to 52 cannabis retailer licenses for the social equity program.
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(A) Whether a cannabis retailer license, cannabis producer license, cannabis processor license, or cannabis consumption event organizer license was originally allocated to or issued in another city, town, or county; and
(B) The maximum number of retail cannabis licenses established by the board for each county under RCW 69.50.345.
ii. The board must adopt rules establishing a threshold of the number of licenses created by this section that can be located in each county.
f. After a social equity license has been issued under this section for a specific location, the location of the licensed business may not be moved to a city, town, or county different from the city, town, or county for which it was initially licensed.
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In order to be considered for a cannabis retailer license, cannabis processor license, cannabis producer license, or cannabis consumption event organizer license under subsection (1) of this section, an applicant must be a social equity applicant and submit required cannabis license materials to the board. If the application proposes ownership by more than one person, then at least 51 percent of the proposed ownership structure must reflect the qualifications of a social equity applicant.
Persons holding an existing cannabis retailer license or title certificate for a cannabis retailer business in a local jurisdiction subject to a ban or moratorium on cannabis retail businesses may apply for a license under this section.
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In determining the priority for issuance of a license among applicants, the board must select a third-party contractor to identify and score social equity applicants, using a scoring rubric developed by the board. The board must rely on the score provided by the third-party contractor in issuing licenses.
The board may deny any application submitted under this subsection if:
The board determines that, upon the advice of the third-party contractor, the application does not meet the social equity licensing requirements of this chapter; or
The board determines the application does not otherwise meet licensing requirements.
The board must adopt rules to implement this section. Prior to adopting any rule implementing this section, the board must consider advice on the social equity program from individuals the program is intended to benefit. Rules may also require that licenses awarded under this section only be transferred to or assumed by individuals or groups of individuals who comply with the requirements for initial licensure as a social equity applicant for a period of at least five years from the date of initial licensure.
The annual fee for issuance, reissuance, or renewal for any license under this section must be waived through July 1, 2032.
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
"Disproportionately impacted area" means a census tract or comparable geographic area within Washington state where community members were more likely to be impacted by the war on drugs. These areas must be determined in rule by the board, in consultation with the office of equity, using a standardized statistical equation to identify areas with demographic indicators consistent with populations most impacted by the war on drugs. These areas must be assessed to account for demographic changes in the composition of the population over time. Disproportionately impacted areas must include census tracts or comparable geographic areas in the top 15th percentile in at least two of the following demographic indicators of populations most impacted by the war on drugs:
The area has a high rate of people living under the federal poverty level;
The area has a high rate of people who did not graduate from high school;
The area has a high rate of unemployment; or
The area has a high rate of people receiving public assistance.
"Social equity applicant" means an applicant who has at least 51 percent ownership and control by one or more individuals who meet at least two of the following qualifications:
Lived in a disproportionately impacted area in Washington state for a minimum of five years between 1980 and 2010;
Has been arrested or convicted of a cannabis offense or has a family member who has been arrested or convicted of a cannabis offense;
Had a household income in the year prior to submitting an application under this section that was less than the median household income within the state of Washington as calculated by the United States census bureau; or
Is both a socially and economically disadvantaged individual as defined by the office of minority and women's business enterprises under chapter 39.19 RCW.
"Social equity goals" means:
Increasing the number of cannabis retailer, producer, processor, and cannabis consumption event organizer licenses held by social equity applicants from disproportionately impacted areas; and
Reducing accumulated harm suffered by individuals, families, and local areas subject to severe impacts from the historical application and enforcement of cannabis prohibition laws.
Except for the process detailed in subsection (1) of this section, the process for creating new cannabis retail licenses under this chapter remains unaltered.
There may be licensed, in no greater number in each of the counties of the state than as the board shall deem advisable, retail outlets established for the purpose of making cannabis concentrates, useable cannabis, and cannabis-infused products available for sale to adults aged 21 and over.
Retail sale of cannabis concentrates, useable cannabis, and cannabis-infused products in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed cannabis retailer or retail outlet employee, shall not be a criminal or civil offense under Washington state law.
Subsection (1) of this section does not apply to cannabis consumption event organizers licensed under section 2 of this act.
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Retail outlets may not sell products or services other than cannabis concentrates, useable cannabis, cannabis-infused products, or paraphernalia intended for the storage or use of cannabis concentrates, useable cannabis, or cannabis-infused products.
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Retail outlets may receive lockable boxes, intended for the secure storage of cannabis products and paraphernalia, and related literature as a donation from another person or entity, that is not a cannabis producer, processor, or retailer, for donation to their customers.
Retail outlets may donate the lockable boxes and provide the related literature to any person eligible to purchase cannabis products under subsection (2) of this section. Retail outlets may not use the donation of lockable boxes or literature as an incentive or as a condition of a recipient's purchase of a cannabis product or paraphernalia.
Retail outlets may also purchase and sell lockable boxes, provided that the sales price is not less than the cost of acquisition.
Licensed cannabis retailers may not employ persons under 21 years of age or allow persons under 21 years of age to enter or remain on the premises of a retail outlet. However, qualifying patients between 18 and 21 years of age with a recognition card may enter and remain on the premises of a retail outlet holding a medical cannabis endorsement and may purchase products for their personal medical use. Qualifying patients who are under the age of 18 with a recognition card and who accompany their designated providers may enter and remain on the premises of a retail outlet holding a medical cannabis endorsement, but may not purchase products for their personal medical use.
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Licensed cannabis retailers must ensure that all employees are trained on the rules adopted to implement this chapter, identification of persons under the age of 21, and other requirements adopted by the board to ensure that persons under the age of 21 are not permitted to enter or remain on the premises of a retail outlet.
Licensed cannabis retailers with a medical cannabis endorsement must ensure that all employees are trained on the subjects required by (a) of this subsection as well as identification of authorizations and recognition cards. Employees must also be trained to permit qualifying patients who hold recognition cards and are between the ages of 18 and 21 to enter the premises and purchase cannabis for their personal medical use and to permit qualifying patients who are under the age of 18 with a recognition card to enter the premises if accompanied by their designated providers.
Except for the purposes of disposal as authorized by the board, no licensed cannabis retailer or employee of a retail outlet may open or consume, or allow to be opened or consumed, any cannabis concentrates, useable cannabis, or cannabis-infused product on the outlet premises.
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By December 31, 2024, licensed cannabis retailers shall post a conspicuous notice at the point of sale in retail outlets with information about: (i) The potential health risks and adverse health impacts that may be associated with the consumption of high THC cannabis; (ii) the potentially much higher risks that may be present for younger persons under age 25 as well as for persons who have or are at risk for developing certain mental health conditions or psychotic disorders; and (iii) where to find help in case of negative effects and resources for quitting or reducing cannabis consumption. The notice must be the same or substantially the same as the notice developed by the department of health under this subsection (5).
The department of health shall develop the notice required under this section and section 2 of this act and make it available to licensed cannabis retailers and licensed cannabis consumption event organizers. The notice must, at a minimum, identify the information specified in (a)(i) through (iii) of this subsection, and may include additional information.
The board must fine a licensee $1,000 for each violation of any subsection of this section. Fines collected under this section must be deposited into the dedicated cannabis account created under RCW 69.50.530.
Cannabis producers, processors, retailers, and cannabis consumption event organizers are prohibited from making sales of any cannabis , cannabis product, single-use cannabis product, or ready-to-consume cannabis product, if the sale of the cannabis or cannabis product is conditioned upon the buyer's purchase of any service or noncannabis product. This subsection applies whether the buyer purchases such service or noncannabis product at the time of sale of the cannabis or cannabis product, or in a separate transaction.
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
"Cannabis product" means "useable cannabis," "cannabis concentrates," "cannabis-infused products," "single-use cannabis products," or "ready-to-consume cannabis products."
"Noncannabis product" includes paraphernalia, promotional items, lighters, bags, boxes, containers, and such other items as may be identified by the board.
"Selling price" has the same meaning as in RCW 69.50.535.
"Service" includes memberships and any other services identified by the board.
No licensed cannabis producer, processor, researcher, retailer, or cannabis consumption event organizer may place or maintain, or cause to be placed or maintained, any sign or other advertisement for a cannabis business or cannabis product, including useable cannabis, cannabis concentrates, cannabis-infused product, single-use cannabis product, or ready-to-consume cannabis product, in any form or through any medium whatsoever within 1,000 feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, or library, or any game arcade admission to which is not restricted to persons aged 21 years or older.
Except for the use of billboards as authorized under this section, licensed cannabis retailers and licensed cannabis consumption event organizers may not display any signage outside of the licensed premises, other than two signs identifying the retail outlet or the cannabis consumption event organizer by the licensee's business or trade name, stating the location of the business, an approved consumption event under section 2 of this act for cannabis consumption event organizers, and identifying the nature of the business. Each sign must be no larger than 1,600 square inches and be permanently affixed to a building or other structure. The location and content of the retail cannabis signs authorized under this subsection are subject to all other requirements and restrictions established in this section for indoor signs, outdoor signs, and other cannabis-related advertising methods.
A cannabis licensee may not utilize transit advertisements for the purpose of advertising its business or product line. "Transit advertisements" means advertising on or within private or public vehicles and all advertisements placed at, on, or within any bus stop, taxi stand, transportation waiting area, train station, airport, or any similar transit-related location.
A cannabis licensee may not engage in advertising or other marketing practice that specifically targets persons residing outside of the state of Washington.
All signs, billboards, or other print advertising for cannabis businesses or cannabis products must contain text stating that cannabis products may be purchased or possessed only by persons 21 years of age or older.
A cannabis licensee may not:
Take any action, directly or indirectly, to target youth in the advertising, promotion, or marketing of cannabis and cannabis products, or take any action the primary purpose of which is to initiate, maintain, or increase the incidence of youth use of cannabis or cannabis products;
Use objects such as toys or inflatables, movie or cartoon characters, or any other depiction or image likely to be appealing to youth, where such objects, images, or depictions indicate an intent to cause youth to become interested in the purchase or consumption of cannabis products; or
Use or employ a commercial mascot outside of, and in proximity to, a licensed cannabis business. A "commercial mascot" means live human being, animal, or mechanical device used for attracting the attention of motorists and passersby so as to make them aware of cannabis products or the presence of a cannabis business. Commercial mascots include, but are not limited to, inflatable tube displays, persons in costume, or wearing, holding, or spinning a sign with a cannabis-related commercial message or image, where the intent is to draw attention to a cannabis business or its products.
A cannabis licensee that engages in outdoor advertising is subject to the advertising requirements and restrictions set forth in this subsection (7) and elsewhere in this chapter.
All outdoor advertising signs, including billboards, are limited to text that identifies the retail outlet or the cannabis consumption event organizer by the licensee's business or trade name, states the location of the business or an approved consumption event under section 2 of this act, and identifies the type or nature of the business. Such signs may not contain any depictions of cannabis plants, cannabis products, or images that might be appealing to children. The board is granted rule-making authority to regulate the text and images that are permissible on outdoor advertising. Such rule making must be consistent with other administrative rules generally applicable to the advertising of cannabis businesses and products.
Outdoor advertising is prohibited:
On signs and placards in arenas, stadiums, shopping malls, fairs that receive state allocations, farmers markets, and video game arcades, whether any of the foregoing are open air or enclosed, but not including any such sign or placard located in an adult only facility; and
Billboards that are visible from any street, road, highway, right-of-way, or public parking area are prohibited, except as provided in (c) of this subsection.
Licensed retail outlets and licensed cannabis consumption event organizers may use a billboard or outdoor sign solely for the purpose of identifying the name of the business, the nature of the business, providing the public with directional information to the licensed retail outlet, and, for a licensed cannabis consumption event organizer, information about a consumption event approved under section 2 of this act. Billboard advertising is subject to the same requirements and restrictions as set forth in (a) of this subsection.
Advertising signs within the premises of a retail cannabis business outlet or at an approved consumption event that are visible to the public from outside the premises or event must meet the signage regulations and requirements applicable to outdoor signs as set forth in this section.
The restrictions and regulations applicable to outdoor advertising under this section are not applicable to:
An advertisement inside a licensed retail establishment or at an approved consumption event that sells cannabis products that is not placed on the inside surface of a window facing outward; or
An outdoor advertisement at the site of an event to be held at an adult only facility that is placed at such site during the period the facility or enclosed area constitutes an adult only facility, but in no event more than 14 days before the event, and that does not advertise any cannabis product other than by using a brand name to identify the event.
Merchandising within a retail outlet or at a consumption event organized by a licensed cannabis consumption event organizer is not advertising for the purposes of this section.
This section does not apply to a noncommercial message.
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The board must:
Adopt rules implementing this section and specifically including provisions regulating the billboards and outdoor signs authorized under this section; and
Fine a licensee $1,000 for each violation of this section until the board adopts rules prescribing penalties for violations of this section. The rules must establish escalating penalties including fines and up to suspension or revocation of a cannabis license for subsequent violations.
Fines collected under this subsection must be deposited into the dedicated cannabis account created under RCW 69.50.530.
A city, town, or county may adopt rules of outdoor advertising by licensed cannabis retailers that are more restrictive than the advertising restrictions imposed under this chapter. Enforcement of restrictions to advertising by a city, town, or county is the responsibility of the city, town, or county.
A retailer or cannabis consumption event organizer licensed under this chapter is prohibited from operating a vending machine, as defined in RCW 82.08.080(3) for the sale of cannabis products at retail or a drive-through purchase facility where cannabis products are sold at retail and dispensed through a window or door to a purchaser who is either in or on a motor vehicle or otherwise located outside of the licensed premises at the time of sale.
The board may not issue, transfer, or renew a cannabis retail license for any licensee in violation of the provisions of subsection (1) of this section.
The action, order, or decision of the board as to any denial of an application for the reissuance of a license to produce, process, sell cannabis, or allow the consumption of cannabis, or as to any revocation, suspension, or modification of any license to produce, process, or sell cannabis, or as to the administrative review of a notice of unpaid trust fund taxes under RCW 69.50.565, must be an adjudicative proceeding and subject to the applicable provisions of chapter 34.05 RCW.
An opportunity for a hearing may be provided to an applicant for the reissuance of a license prior to the disposition of the application, and if no opportunity for a prior hearing is provided then an opportunity for a hearing to reconsider the application must be provided the applicant.
An opportunity for a hearing must be provided to a licensee prior to a revocation or modification of any license and, except as provided in subsection (6) of this section, prior to the suspension of any license.
An opportunity for a hearing must be provided to any person issued a notice of unpaid trust fund taxes under RCW 69.50.565.
No hearing may be required under this section until demanded by the applicant, licensee, or person issued a notice of unpaid trust fund taxes under RCW 69.50.565.
The board may summarily suspend a license for a period of up to 180 days without a prior hearing if it finds that public health, safety, or welfare imperatively require emergency action, and it incorporates a finding to that effect in its order. Proceedings for revocation or other action must be promptly instituted and determined. An administrative law judge may extend the summary suspension period for up to one calendar year from the first day of the initial summary suspension in the event the proceedings for revocation or other action cannot be completed during the initial 180-day period due to actions by the licensee. The board's enforcement division shall complete a preliminary staff investigation of the violation before requesting an emergency suspension by the board.
If the board approves, a license to produce, process, sell, or sell and allow the consumption of cannabis may be transferred, without charge, to the surviving spouse or domestic partner of a deceased licensee if the license was issued in the names of one or both of the parties. For the purpose of considering the qualifications of the surviving party to receive a cannabis producer's, cannabis processor's, cannabis retailer's, or cannabis consumption event organizer's license, the board may require a criminal history record information check. The board may submit the criminal history record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the forms. The board shall require fingerprinting of any applicant whose criminal history record information check is submitted to the federal bureau of investigation.
The proposed sale of more than 10 percent of the outstanding or issued stock of a corporation licensed under chapter 3, Laws of 2013, or any proposed change in the officers of such a corporation, must be reported to the board, and board approval must be obtained before the changes are made. A fee of $75 will be charged for the processing of the change of stock ownership or corporate officers.
Except as authorized at a consumption event under section 2 of this act, it is unlawful to open a package containing cannabis, useable cannabis, cannabis-infused products, cannabis concentrates, single-use cannabis products, and ready-to-consume cannabis products, or consume cannabis, useable cannabis, cannabis-infused products, cannabis concentrates, single-use cannabis products, and ready-to-consume cannabis products, in view of the general public or in a public place.
For the purposes of this section, "public place" has the same meaning as defined in RCW 66.04.010, but the exclusions in RCW 66.04.011 do not apply.
A person who violates this section is guilty of a class 3 civil infraction under chapter 7.80 RCW.
Except as authorized in section 2 of this act, it is unlawful for any person to conduct or maintain a cannabis club by himself or herself or by associating with others, or in any manner aid, assist, or abet in conducting or maintaining a cannabis club.
It is unlawful for any person to conduct or maintain a public place where cannabis is held or stored or consumption of cannabis is permitted, except as provided for a licensee under this chapter.
Any person who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW.
The following definitions apply throughout this section unless the context clearly requires otherwise.
"Cannabis club" means a club, association, or other business, for profit or otherwise, that conducts or maintains a premises for the primary or incidental purpose of providing a location where members or other persons may keep or consume cannabis on the premises. "Cannabis club" does not include a cannabis consumption event organizer or consumption event licensed or approved under section 2 of this act.
"Public place" means, in addition to the definition provided in RCW 66.04.010, any place to which admission is charged or for which any pecuniary gain is realized by the owner or operator of such place.
Except as otherwise authorized in this chapter and as provided in subsection (2) of this section, an employee of a retail outlet or a cannabis consumption event organizer licensee who sells cannabis products to a person under the age of 21 in the course of his or her employment is guilty of a gross misdemeanor.
An employee of a retail outlet or a cannabis consumption event organizer licensee may be prosecuted under RCW 69.50.401 or 69.50.406 or any other applicable provision, if the employee sells cannabis products to a person the employee knows is under the age of 21 and not otherwise authorized to purchase cannabis products under this chapter, or if the employee sells or otherwise provides cannabis products to a person under the age of 21 outside of the course of his or her employment.
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There is levied and collected a cannabis excise tax equal to 37 percent of the selling price on each retail sale in this state of cannabis concentrates, useable cannabis, cannabis-infused products, single-use cannabis products, and ready-to-consume cannabis products. This tax is separate and in addition to general state and local sales and use taxes that apply to retail sales of tangible personal property, and is not part of the total retail price to which general state and local sales and use taxes apply. The tax must be separately itemized from the state and local retail sales tax on the sales receipt provided to the buyer.
The tax levied in this section must be reflected in the price list or quoted shelf price in the licensed cannabis retail store, licensed cannabis consumption event organizer premises, or approved consumption event and in any advertising that includes prices for all useable cannabis, cannabis concentrates, cannabis-infused products, single-use cannabis products, or ready-to-consume cannabis products.
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Until June 30, 2029, the tax levied by subsection (1) of this section does not apply to sales by a cannabis retailer with a medical cannabis endorsement to qualifying patients or designated providers who have been issued a recognition card, of cannabis concentrates, useable cannabis, or cannabis-infused products, identified by the department as a compliant cannabis product in chapter 246-70 WAC and tested to the standards in WAC 246-70-040.
Each seller making exempt sales under this subsection (2) must maintain information establishing eligibility for the exemption in the form and manner required by the board.
The board must provide a separate tax reporting line on the excise tax form for exemption amounts claimed under this subsection (2).
All revenues collected from the cannabis excise tax imposed under this section must be deposited each day in the dedicated cannabis account.
The tax imposed in this section must be paid by the buyer to the seller. Each seller must collect from the buyer the full amount of the tax payable on each taxable sale. The tax collected as required by this section is deemed to be held in trust by the seller until paid to the board. If any seller fails to collect the tax imposed in this section or, having collected the tax, fails to pay it as prescribed by the board, whether such failure is the result of the seller's own acts or the result of acts or conditions beyond the seller's control, the seller is, nevertheless, personally liable to the state for the amount of the tax.
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
"Retail sale" has the same meaning as in RCW 82.08.010.
"Selling price" has the same meaning as in RCW 82.08.010, except that when 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.
"Product" means cannabis, cannabis concentrates, useable cannabis, cannabis-infused products, single-use cannabis products, and ready-to-consume cannabis products.
"True value" means market value based on sales at comparable locations in this state of the same or similar product of like quality and character sold under comparable conditions of sale to comparable purchasers. However, 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 attributable to the product.
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The board must regularly review the tax level established under this section and make recommendations, in consultation with the department of revenue, to the legislature as appropriate regarding adjustments that would further the goal of discouraging use while undercutting illegal market prices.
The board must report, in compliance with RCW 43.01.036, to the appropriate committees of the legislature every two years. The report at a minimum must include the following:
The specific recommendations required under (a) of this subsection;
A comparison of gross sales and tax collections prior to and after any cannabis tax change;
The increase or decrease in the volume of legal cannabis sold prior to and after any cannabis tax change;
Increases or decreases in the number of licensed cannabis producers, processors, and retailers;
The number of illegal and noncompliant cannabis outlets the board requires to be closed;
Gross cannabis sales and tax collections in Oregon; and
The total amount of reported sales and use taxes exempted for qualifying patients. The department of revenue must provide the data of exempt amounts to the board.
The board is not required to report to the legislature as required in (b) of this subsection after January 1, 2025.
The legislature does not intend and does not authorize any person or entity to engage in activities or to conspire to engage in activities that would constitute per se violations of state and federal antitrust laws including, but not limited to, agreements among retailers as to the selling price of any goods sold.
Except as otherwise authorized by this chapter, it is unlawful for any person to:
Knowingly possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice; or
Knowingly use a controlled substance in a public place, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice.
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Except as provided in RCW 69.50.4014 or 69.50.445, a violation of subsection (1)(a) or (b) of this section is a gross misdemeanor punishable by imprisonment of up to 180 days in jail, or by a fine of not more than $1,000, or by both such imprisonment and fine, however, if the defendant has two or more prior convictions under subsection (1)(a) or (b) of this section occurring after July 1, 2023, a violation of subsection (1)(a) or (b) of this section is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services.
No person may be charged under both subsection (1)(a) and (b) of this section relating to the same course of conduct.
In lieu of jail booking and referral to the prosecutor, law enforcement is encouraged to offer a referral to assessment and services available under RCW 10.31.110 or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW 36.28A.450, law enforcement assisted diversion programs established under RCW 71.24.589, and the recovery navigator program established under RCW 71.24.115.
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The possession, by a person 21 years of age or older, of useable cannabis, cannabis concentrates, or cannabis-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3), in addition to amounts of single-use cannabis products and ready-to-consume cannabis products authorized under section 2 of this act is not a violation of this section, this chapter, or any other provision of Washington state law.
The possession of cannabis, useable cannabis, cannabis concentrates, cannabis-infused products, single-use cannabis products, and ready-to-consume cannabis products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW 69.50.385(3), by a licensed employee of a common carrier when performing the duties authorized in accordance with RCW 69.50.382 and 69.50.385, is not a violation of this section, this chapter, or any other provision of Washington state law.
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The delivery by a person 21 years of age or older to one or more persons 21 years of age or older, during a single 24-hour period, for noncommercial purposes and not conditioned upon or done in connection with the provision or receipt of financial consideration, of any of the following cannabis products, is not a violation of this section, this chapter, or any other provisions of Washington state law:
One-half ounce of useable cannabis;
Eight ounces of cannabis-infused product in solid form;
36 ounces of cannabis-infused product in liquid form unless the cannabis-infused product in liquid form is packaged in individual units containing no more than four milligrams of THC per unit;
100 milligrams of THC within a cannabis-infused product in liquid form if the product is packaged in individual units containing no more than four milligrams of THC per unit;
Three and one-half grams of cannabis concentrates; and
The act of delivering cannabis or a cannabis product as authorized under this subsection (4) must meet one of the following requirements:
The delivery must be done in a location outside of the view of general public and in a nonpublic place; or
The cannabis or cannabis product must be in the original packaging as purchased from the cannabis retailer, cannabis consumption event organizer licensee, or cannabis licensee participating in a consumption event under section 2 of this act.
No person under 21 years of age may manufacture, sell, distribute, or knowingly possess cannabis, cannabis-infused products, or cannabis concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.
The possession by a qualifying patient or designated provider of cannabis concentrates, useable cannabis, cannabis-infused products, or plants in accordance with chapter 69.51A RCW is not a violation of this section, this chapter, or any other provision of Washington state law.
For the purposes of this section, "public place" has the same meaning as defined in RCW 66.04.010, but the exclusions in RCW 66.04.011 do not apply.
For the purposes of this section, "use a controlled substance" means to introduce the substance into the human body by injection, inhalation, ingestion, or any other means.
As used in this chapter, the following terms have the meanings indicated unless the context clearly indicates otherwise.
"Smoke" or "smoking" means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. "Smoke" or "smoking" does not include carrying, lighting, or smoking cannabis products, as defined in RCW 69.50.101, in a consumption area at a consumption event conducted by a cannabis consumption event organizer licensed by the liquor and cannabis board under section 2 of this act when in compliance with chapter 69.50 RCW and the liquor and cannabis board's rules.
"Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of 25 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence unless the private residence is used to provide licensed child care, foster care, adult care, or other similar social service care on the premises.
Public places include, but are not limited to: Schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, casinos, reception areas, and no less than 75 percent of the sleeping quarters within a hotel or motel that are rented to guests. A public place does not include a private residence. This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public.
This chapter is not intended to regulate smoking in a private enclosed workplace, within a public place, even though such workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the chief of the Washington state patrol, through the director of fire protection, or by other law, ordinance, or regulation.
This chapter is not intended to regulate or prevent the smoking of single-use cannabis products, as defined in RCW 69.50.101, outdoors or within a temporary structure, such as a tent with walls and a covered top, approved as a consumption area by the liquor and cannabis board, and meeting the requirements of chapter 69.50 RCW. Nothing in this subsection is intended to authorize the smoking of cigarettes or tobacco in any form whatsoever at a cannabis consumption event organizer's consumption event licensed by the liquor and cannabis board under section 2 of this act.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:
a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or
the patient or research subject at the direction and in the presence of the practitioner.
"Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.
"Board" means the Washington state liquor and cannabis board.
"Cannabis" means all parts of the plant , whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis during the growing cycle through harvest and usable cannabis. "Cannabis" does not include hemp or industrial hemp as defined in RCW 15.140.020, or seeds used for licensed hemp production under chapter 15.140 RCW.
"Cannabis concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant and having a THC concentration greater than 10 percent.
"Cannabis consumption event organizer" means a type of license under which an individual or entity may coordinate consumption events for the consumption of single-use cannabis products and ready-to-consume cannabis products by adults age 21 and over, after obtaining a temporary on-site consumption permit from the board for each consumption event.
"Cannabis processor" means a person licensed by the board to process cannabis into cannabis concentrates, useable cannabis, and cannabis-infused products, package and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale in retail outlets, and sell cannabis concentrates, useable cannabis, and cannabis-infused products at wholesale to cannabis retailers.
"Cannabis producer" means a person licensed by the board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers.
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"Cannabis products" means useable cannabis, cannabis concentrates, cannabis-infused products, single-use cannabis products, and ready-to-consume cannabis products as defined in this section, including any product intended to be consumed or absorbed inside the body by any means including inhalation, ingestion, or insertion, with any detectable amount of THC.
"Cannabis products" also means any product containing only THC content.
"Cannabis products" does not include cannabis health and beauty aids as defined in RCW 69.50.575 or products approved by the United States food and drug administration.
"Cannabis researcher" means a person licensed by the board to produce, process, and possess cannabis for the purposes of conducting research on cannabis and cannabis-derived drug products.
"Cannabis retailer" means a person licensed by the board to sell cannabis concentrates, useable cannabis, and cannabis-infused products in a retail outlet.
"Cannabis-infused products" means products that contain cannabis or cannabis extracts, are intended for human use, are derived from cannabis as defined in subsection (4) of this section, and have a THC concentration no greater than 10 percent. The term "cannabis-infused products" does not include either useable cannabis or cannabis concentrates.
"CBD concentration" has the meaning provided in RCW 69.51A.010.
"CBD product" means any product containing or consisting of cannabidiol.
"Commission" means the pharmacy quality assurance commission.
"Consumption area" means a space authorized under section 2 of this act and approved by the board at a location under the cannabis consumption event organizer license, where persons age 21 and over may consume single-use cannabis products and ready-to-consume cannabis products by methods of consumption approved for the type of space as provided in section 2 of this act.
"Consumption event" means a temporary event, not to exceed one event per calendar month lasting up to three consecutive days except as provided in section 2 of this act, that a cannabis consumption event organizer organizes and operates, which may include participation by cannabis producers, processors, and retailers licensed under this chapter or operating consistent with a compact entered into under RCW 43.06.490, after the cannabis consumption event organizer obtains a temporary on-site consumption permit from the board.
"Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp or industrial hemp as defined in RCW 15.140.020.
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"Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:
that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or
with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.
The term does not include:
a controlled substance;
a substance for which there is an approved new drug application;
a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or chapter 69.77 RCW to the extent conduct with respect to the substance is pursuant to the exemption; or
any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
"Deliver" or "delivery" means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
"Department" means the department of health.
"Designated provider" has the meaning provided in RCW 69.51A.010.
"Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
"Dispenser" means a practitioner who dispenses.
"Distribute" means to deliver other than by administering or dispensing a controlled substance.
"Distributor" means a person who distributes.
"Drug" means (a) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (b) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (c) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (d) controlled substances intended for use as a component of any article specified in (a), (b), or (c) of this subsection. The term does not include devices or their components, parts, or accessories.
"Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.
"Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems. The term does not include a prescription or refill authorization verbally transmitted by telephone nor a facsimile manually signed by the practitioner.
"Immature plant or clone" means a plant or clone that has no flowers, is less than 12 inches in height, and is less than 12 inches in diameter.
"Immediate precursor" means a substance:
that the commission has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;
that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.
"Isomer" means an optical isomer, but in subsection (36)(e) of this section, RCW 69.50.204(1) (l) and (hh), and 69.50.206(2)(d), the term includes any geometrical isomer; in RCW 69.50.204(1) (h) and (pp) and 69.50.210(3), the term includes any positional isomer; and in RCW 69.50.204(1)(ii), 69.50.204(3), and 69.50.208(1), the term includes any positional or geometric isomer.
"Lot" means a definite quantity of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling.
"Lot number" must identify the licensee by business or trade name and Washington state unified business identifier number, and the date of harvest or processing for each lot of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product.
"Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:
by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
"Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.
Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.
Poppy straw and concentrate of poppy straw.
Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.
Cocaine, or any salt, isomer, or salt of isomer thereof.
Cocaine base.
Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.
Any compound, mixture, or preparation containing any quantity of any substance referred to in (a) through (g) of this subsection.
"Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.
"Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
"Package" means a container that has a single unit or group of units.
"Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
"Plant" has the meaning provided in RCW 69.51A.010.
"Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
"Practitioner" means:
A physician under chapter 18.71 RCW; a physician assistant under chapter 18.71A RCW; an osteopathic physician and surgeon under chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010 subject to any limitations in RCW 18.53.010; a dentist under chapter 18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a veterinarian under chapter 18.92 RCW; a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW who is licensed under RCW 18.36A.030 subject to any limitations in RCW 18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.
A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical commission or equivalent and his or her participating physician as defined in RCW 18.71A.010, an advanced registered nurse practitioner licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States.
"Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.
"Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
"Qualifying patient" has the meaning provided in RCW 69.51A.010.
"Ready-to-consume cannabis product" means a cannabis product that is prepared on the premises of a licensed cannabis consumption event organizer or an approved consumption event, presented in the form of a foodstuff or beverage, sold in a heated or unheated state, intended for immediate consumption, and that the board has determined to be an appropriate product for consumption at a consumption event.
"Recognition card" has the meaning provided in RCW 69.51A.010.
"Retail outlet" means a location licensed by the board for the retail sale of cannabis concentrates, useable cannabis, cannabis-infused products, but does not include a cannabis consumption event organizer or a consumption event approved under section 2 of this act.
"Secretary" means the secretary of health or the secretary's designee.
"Single-use cannabis product" means a type of product containing cannabis, other than a ready-to-consume cannabis product, that the board has determined to be appropriate for consumption in a cannabis consumption area under section 2 of this act. A single-use cannabis product may be a form of useable cannabis, cannabis-infused product in solid or liquid form, or cannabis concentrate, that is smoked, vaporized, consumed, or ingested.
"Social equity plan" means a plan that addresses at least some of the elements outlined in this subsection (52), along with any additional plan components or requirements approved by the board following consultation with the task force created in RCW 69.50.336. The plan may include:
A statement that indicates how the cannabis licensee will work to promote social equity goals in their community;
A description of how the cannabis licensee will meet social equity goals as defined in RCW 69.50.335;
The composition of the workforce the licensee has employed or intends to hire; and
Business plans involving partnerships or assistance to organizations or residents with connections to populations with a history of high rates of enforcement of cannabis prohibition.
"State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
"Temporary on-site consumption permit" means an official authorization documented by the board for a cannabis consumption event organizer to host a consumption event.
"THC concentration" means percent of tetrahydrocannabinol content of any part of the plant , or per volume or weight of cannabis product, or the combined percent of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant regardless of moisture content.
"Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.
"Unit" means an individual consumable item within a package of one or more consumable items in solid, liquid, gas, or any form intended for human consumption.
"Useable cannabis" means dried cannabis flowers. The term "useable cannabis" does not include either cannabis-infused products or cannabis concentrates.
"Warehouse" means an indoor structure or a portion of the structure on a cannabis consumption event organizer's premises at its principal place of business used for the onsite storage of cannabis and single-use cannabis products in compliance with the requirements of the board, including for security, storage, and disposal.
"Youth access" means the level of interest persons under the age of 21 may have in a vapor product, as well as the degree to which the product is available or appealing to such persons, and the likelihood of initiation, use, or addiction by adolescents and young adults.
The governor may enter into agreements with federally recognized Indian tribes concerning cannabis. Cannabis agreements may address any cannabis-related issue that involves both state and tribal interests or otherwise has an impact on tribal-state relations. Such agreements may include, but are not limited to, the following provisions and subject matter:
Criminal and civil law enforcement;
Regulatory issues related to the commercial production, processing, sale, possession, and consumption of cannabis, and processed cannabis products, for both recreational and medical purposes;
Medical and pharmaceutical research involving cannabis;
Taxation in accordance with subsection (2) of this section;
Any tribal immunities or preemption of state law regarding the production, processing, or marketing of cannabis; and
Dispute resolution, including the use of mediation or other nonjudicial process.
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Each cannabis agreement adopted under this section must provide for a tribal cannabis tax that is at least 100 percent of the state cannabis excise tax imposed under RCW 69.50.535 and state and local sales and use taxes on sales of cannabis. Cannabis agreements apply to sales in which tribes, tribal enterprises, or tribal member-owned businesses (i) deliver or cause delivery to be made to or receive delivery from a cannabis producer, processor, retailer, or cannabis consumption event organizer licensed under chapter 69.50 RCW or (ii) physically transfer possession of the cannabis from the seller to the buyer within Indian country.
The tribe may allow an exemption from tax for sales to the tribe, tribal enterprises, tribal member-owned businesses, or tribal members, on cannabis grown, produced, or processed within its Indian country, or for activities to the extent they are exempt under state or federal law from the state cannabis excise tax imposed under RCW 69.50.535 or state and local sales or use taxes on sales of cannabis. Medical cannabis products used in the course of medical treatments by a clinic, hospital, or similar facility owned and operated by a federally recognized Indian tribe within its Indian country may be exempted from tax under the terms of an agreement entered into under this section.
Any cannabis agreement relating to the production, processing, sale, and consumption of cannabis in Indian country, whether for recreational or medical purposes, must address the following issues:
Preservation of public health and safety;
Ensuring the security of production, processing, retail, and research facilities; and
Cross-border commerce in cannabis.
The governor may delegate the power to negotiate cannabis agreements to the state liquor and cannabis board. In conducting such negotiations, the state liquor and cannabis board must, when necessary, consult with the governor and/or the department of revenue.
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
"Indian country" has the same meaning as in RCW 82.24.010.
"Indian tribe" or "tribe" means a federally recognized Indian tribe located within the geographical boundaries of the state of Washington.
"Cannabis" means "cannabis," "cannabis concentrates," "cannabis-infused products," "useable cannabis," "single-use cannabis products," and "ready-to-consume cannabis products," as those terms are defined in RCW 69.50.101.