wa-law.org > bill > 2025-26 > HB 2078 > Original Bill
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 and other cannabis producers; (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 production, possession, delivery, distribution, and sale of cannabis 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 two hundred fifty dollars. The annual fee for issuance and renewal of a cannabis producer's license shall be one thousand three hundred eighty-one dollars. 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, regulated by the board and subject to annual renewal. The licensee may sell cannabis concentrates, usable cannabis, and cannabis-infused products, identified by the department as a compliant cannabis product in chapter 246-70 WAC and tested to the standards in WAC 246-70-050, to qualifying patients and designated providers as provided under RCW 69.51A.310 if the licensee obtains a medical cannabis endorsement under RCW 69.50.375. The processing, packaging, possession, delivery, distribution, and sale of cannabis, useable cannabis, cannabis-infused products, and cannabis concentrates 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 two hundred fifty dollars. The annual fee for issuance and renewal of a cannabis processor's license shall be one thousand three hundred eighty-one dollars. 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, regulated by the board and subject to annual renewal. The possession, delivery, distribution, and 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, 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 two hundred fifty dollars. The annual fee for issuance and renewal of a cannabis retailer's license shall be one thousand three hundred eighty-one dollars. 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 twenty-four 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 twenty-four 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.
A medical cannabis endorsement to a cannabis retail license or a cannabis processor license is hereby established to permit a cannabis retailer to sell cannabis for medical use to qualifying patients and designated providers. This endorsement also permits such retailers or processors to provide cannabis at no charge, at their discretion, to qualifying patients and designated providers.
An applicant may apply for a medical cannabis endorsement concurrently with an application for a cannabis retail license or a cannabis processor license.
To be issued an endorsement, a cannabis retailer or cannabis processor must:
Not authorize the medical use of cannabis for qualifying patients at the retail outlet, processor's location, or permit health care professionals to authorize the medical use of cannabis for qualifying patients at the retail outlet or processor's location;
Carry cannabis concentrates and cannabis-infused products identified by the department under subsection (4) of this section;
Not use labels or market cannabis concentrates, useable cannabis, or cannabis-infused products in a way that make them intentionally attractive to minors;
Demonstrate the ability to enter qualifying patients and designated providers in the medical cannabis authorization database established in RCW 69.51A.230 and issue recognition cards and agree to enter qualifying patients and designated providers into the database and issue recognition cards in compliance with department standards;
Keep copies of the qualifying patient's or designated provider's recognition card, or keep equivalent records as required by rule of the board or the department of revenue to document the validity of tax exempt sales; and
Meet other requirements as adopted by rule of the department or the board.
The department, in conjunction with the board, must adopt rules on requirements for cannabis concentrates, useable cannabis, and cannabis-infused products that may be sold, or provided at no charge, to qualifying patients or designated providers at a retail outlet or by a cannabis processor holding a medical cannabis endorsement. These rules must include:
THC concentration, CBD concentration, or low THC, high CBD ratios appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products sold to qualifying patients or designated providers;
Labeling requirements including that the labels attached to cannabis concentrates, useable cannabis, or cannabis-infused products contain THC concentration, CBD concentration, and THC to CBD ratios;
Other product requirements, including any additional mold, fungus, or pesticide testing requirements, or limitations to the types of solvents that may be used in cannabis processing that the department deems necessary to address the medical needs of qualifying patients;
Safe handling requirements for cannabis concentrates, useable cannabis, or cannabis-infused products; and
Training requirements for employees.
A cannabis retailer or cannabis processor holding an endorsement to sell cannabis to qualifying patients or designated providers must train its employees on:
Procedures regarding the recognition of valid authorizations and the use of equipment to enter qualifying patients and designated providers into the medical cannabis authorization database;
Recognition of valid recognition cards; and
Recognition of strains, varieties, THC concentration, CBD concentration, and THC to CBD ratios of cannabis concentrates, useable cannabis, and cannabis-infused products, available for sale when assisting qualifying patients and designated providers at the retail outlet or processor's location.
The department must contract with an entity to create, administer, and maintain a secure and confidential medical cannabis authorization database that allows:
A cannabis retailer with a medical cannabis endorsement, a cannabis processor with a medical cannabis endorsement, or a health care professional to add a qualifying patient or designated provider and include the amount of cannabis concentrates, useable cannabis, cannabis-infused products, or plants for which the qualifying patient is authorized under RCW 69.51A.210;
Persons authorized to prescribe or dispense controlled substances to access health care information on their patients for the purpose of providing medical or pharmaceutical care for their patients;
A qualifying patient or designated provider to request and receive his or her own health care information or information on any person or entity that has queried their name or information;
Appropriate local, state, tribal, and federal law enforcement or prosecutorial officials who are engaged in a bona fide specific investigation of suspected cannabis-related activity that may be illegal under Washington state law to confirm the validity of the recognition card of a qualifying patient or designated provider;
A cannabis retailer or a cannabis processor holding a medical cannabis endorsement to confirm the validity of the recognition card of a qualifying patient or designated provider;
The department of revenue to verify tax exemptions under chapters 82.08 and 82.12 RCW;
The department and the health care professional's disciplining authorities to monitor authorizations and ensure compliance with this chapter and chapter 18.130 RCW by their licensees; and
Authorizations to expire six months or one year after entry into the medical cannabis authorization database, depending on whether the authorization is for a minor or an adult.
A qualifying patient and his or her designated provider, if any, may be placed in the medical cannabis authorization database at a cannabis retailer with a medical cannabis endorsement, at a cannabis processor with a medical cannabis endorsement, or at the office of their health care professional. After a qualifying patient or designated provider is placed in the medical cannabis authorization database, he or she must be provided with a recognition card that contains identifiers required in subsection (3) of this section.
The recognition card requirements must be developed by the department in rule and include:
A randomly generated and unique identifying number;
For designated providers, the unique identifying number of the qualifying patient whom the provider is assisting;
A photograph of the qualifying patient's or designated provider's face taken by an employee of the cannabis retailer with a medical cannabis endorsement, by the cannabis processor with a medical cannabis endorsement, or by the health care professional at the same time that the qualifying patient or designated provider is being placed in the medical cannabis authorization database in accordance with rules adopted by the department;
The amount of cannabis concentrates, useable cannabis, cannabis-infused products, or plants for which the qualifying patient is authorized under RCW 69.51A.210;
The effective date and expiration date of the recognition card;
The name of the health care professional who authorized the qualifying patient or designated provider; and
For the recognition card, additional security features as necessary to ensure its validity.
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For qualifying patients who are eighteen years of age or older and their designated providers, recognition cards are valid for one year from the date the health care professional issued the authorization. For qualifying patients who are under the age of eighteen and their designated providers, recognition cards are valid for six months from the date the health care professional issued the authorization. Qualifying patients may not be reentered into the medical cannabis authorization database until they have been reexamined by a health care professional and determined to meet the definition of qualifying patient. After reexamination, a cannabis retailer with a medical cannabis endorsement, a cannabis processor with a medical cannabis endorsement, or a health care professional must reenter the qualifying patient or designated provider into the medical cannabis authorization database and a new recognition card will then be issued in accordance with department rules.
A qualifying patient's registration in the medical cannabis authorization database and his or her recognition card may be renewed by a qualifying patient's designated provider without the physical presence of the qualifying patient at the retailer, processor, or office of the health care professional if the authorization from the health care professional indicates that the qualifying patient qualifies for a compassionate care renewal, as provided in RCW 69.51A.030. A qualifying patient receiving renewals under the compassionate care renewal provisions is exempt from the photograph requirements under subsection (3)(c) of this section.
If a recognition card is lost or stolen, a cannabis retailer with a medical cannabis endorsement, a cannabis processor with a medical cannabis endorsement, or a health care professional, in conjunction with the database administrator, may issue a new card that will be valid for six months to one year if the patient is reexamined by a health care professional and determined to meet the definition of qualifying patient and depending on whether the patient is under the age of eighteen or eighteen years of age or older as provided in subsection (4) of this section. If a reexamination is not performed, the expiration date of the replacement recognition card must be the same as the lost or stolen recognition card.
The database administrator must remove qualifying patients and designated providers from the medical cannabis authorization database upon expiration of the recognition card. Qualifying patients and designated providers may request to remove themselves from the medical cannabis authorization database before expiration of a recognition card and health care professionals may request to remove qualifying patients and designated providers from the medical cannabis authorization database if the patient or provider no longer qualifies for the medical use of cannabis. The database administrator must retain database records for at least five calendar years to permit the state liquor and cannabis board and the department of revenue to verify eligibility for tax exemptions.
During development of the medical cannabis authorization database, the database administrator must consult with the department, stakeholders, and persons with relevant expertise to include, but not be limited to, qualifying patients, designated providers, health care professionals, state and local law enforcement agencies, and the University of Washington computer science and engineering security and privacy research lab or a certified cybersecurity firm, vendor, or service.
The medical cannabis authorization database must meet the following requirements:
Any personally identifiable information included in the database must be nonreversible, pursuant to definitions and standards set forth by the national institute of standards and technology;
Any personally identifiable information included in the database must not be susceptible to linkage by use of data external to the database;
The database must incorporate current best differential privacy practices, allowing for maximum accuracy of database queries while minimizing the chances of identifying the personally identifiable information included therein; and
The database must be upgradable and updated in a timely fashion to keep current with state of the art privacy and security standards and practices.
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Personally identifiable information of qualifying patients and designated providers included in the medical cannabis authorization database is confidential and exempt from public disclosure, inspection, or copying under chapter 42.56 RCW.
Information contained in the medical cannabis authorization database may be released in aggregate form, with all personally identifiable information redacted, for the purpose of statistical analysis and oversight of agency performance and actions.
Information contained in the medical cannabis authorization database shall not be shared with the federal government or its agents unless the particular qualifying patient or designated provider is convicted in state court for violating this chapter or chapter 69.50 RCW.
The department must charge a one dollar fee for each initial and renewal recognition card issued by a cannabis retailer with a medical cannabis endorsement, a cannabis processor with a medical cannabis endorsement, or a health care professional. The cannabis retailer with a medical cannabis endorsement, the cannabis processor with a medical cannabis endorsement, or the health care professional shall collect the fee from the qualifying patient or designated provider at the time that he or she is entered into the database and issued a recognition card. The department shall establish a schedule for cannabis retailers with a medical cannabis endorsement, cannabis processors with a medical cannabis endorsement, or health care professionals to remit the fees collected. Fees collected under this subsection shall be deposited into the dedicated cannabis account created under RCW 69.50.530.
If the database administrator fails to comply with this section, the department may cancel any contracts with the database administrator and contract with another database administrator to continue administration of the database. A database administrator who fails to comply with this section is subject to a fine of up to five thousand dollars in addition to any penalties established in the contract. Fines collected under this section must be deposited into the dedicated cannabis account under RCW 69.50.530.
The department may adopt rules to implement this section.
A medical cannabis consultant certificate is hereby established.
In addition to any other authority provided by law, the secretary of the department may:
Adopt rules, in accordance with chapter 34.05 RCW, necessary to implement this chapter;
Establish forms and procedures necessary to administer this chapter;
Approve training or education programs that meet the requirements of this section and any rules adopted to implement it;
Receive criminal history record information that includes nonconviction information data for any purpose associated with initial certification or renewal of certification. The secretary shall require each applicant for initial certification to obtain a state or federal criminal history record information background check through the state patrol or the state patrol and the identification division of the federal bureau of investigation prior to the issuance of any certificate. The secretary shall specify those situations where a state background check is inadequate and an applicant must obtain an electronic fingerprint-based national background check through the state patrol and federal bureau of investigation. Situations where a background check is inadequate may include instances where an applicant has recently lived out-of-state or where the applicant has a criminal record in Washington;
Establish administrative procedures, administrative requirements, and fees in accordance with RCW 43.70.110 and 43.70.250; and
Maintain the official department record of all applicants and certificate holders.
A training or education program approved by the secretary must include the following topics:
The medical conditions that constitute terminal or debilitating conditions, and the symptoms of those conditions;
Short and long-term effects of cannabinoids;
Products that may benefit qualifying patients based on the patient's terminal or debilitating medical condition;
Risks and benefits of various routes of administration;
Safe handling and storage of useable cannabis, cannabis-infused products, and cannabis concentrates, including strategies to reduce access by minors;
Demonstrated knowledge of this chapter and the rules adopted to implement it; and
Other subjects deemed necessary and appropriate by the secretary to ensure medical cannabis consultant certificate holders are able to provide evidence-based and medically accurate advice on the medical use of cannabis.
Medical cannabis consultant certificates are subject to annual renewals and continuing education requirements established by the secretary.
The secretary shall have the power to refuse, suspend, or revoke the certificate of any medical cannabis consultant upon proof that:
The certificate was procured through fraud, misrepresentation, or deceit;
The certificate holder has committed acts in violation of subsection (6) of this section; or
The certificate holder has violated or has permitted any employee or volunteer to violate any of the laws of this state relating to drugs or controlled substances or has been convicted of a felony.
In any case of the refusal, suspension, or revocation of a certificate by the secretary under the provisions of this chapter, appeal may be taken in accordance with chapter 34.05 RCW, the administrative procedure act.
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A medical cannabis consultant may provide the services listed in (b) of this subsection either in person or remotely:
;
ii. As an employee or volunteer of a health care professional;
iii. As an employee or volunteer of a licensed cannabis processor under RCW 69.50.325 with a medical cannabis endorsement under RCW 69.50.375; or
iv. As self-employed.
b. Services permitted to be provided by persons under (a) of this subsection are as follows:
i. Assisting a customer with the selection of products sold at a retail outlet or by a cannabis processor that may benefit the qualifying patient's terminal or debilitating medical condition;
ii. Describing the risks and benefits of products sold at a retail outlet or a cannabis processor location;
iii. Describing the risks and benefits of methods of administration of products sold at a retail outlet or a cannabis processor location;
iv. Advising a customer about the safe handling and storage of useable cannabis, cannabis-infused products, and cannabis concentrates, including strategies to reduce access by minors; and
v. Providing instruction and demonstrations to customers about proper use and application of useable cannabis, cannabis-infused products, and cannabis concentrates.
Nothing in this section authorizes a medical cannabis consultant to:
Offer or undertake to diagnose or cure any human disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real or imaginary, by use of cannabis or any other means or instrumentality; or
Recommend or suggest modification or elimination of any course of treatment that does not involve the medical use of cannabis.
Nothing in this section requires an owner, employee, or volunteer of a retail outlet licensed under RCW 69.50.354 or a cannabis processor licensed under RCW 69.50.325 with a medical cannabis endorsement under RCW 69.50.375 to obtain a medical cannabis consultant certification.
Nothing in this section applies to the practice of a health care profession by individuals who are licensed, certified, or registered in a profession listed in RCW 18.130.040(2) and who are performing services within their authorized scope of practice.
Qualifying patients and designated providers, who hold a recognition card and have been entered into the medical cannabis authorization database, may purchase :
Immature plants or clones from a licensed cannabis producer as defined in RCW 69.50.101;
Cannabis seeds from a licensed cannabis producer; and
Cannabis concentrates, usable cannabis, and cannabis-infused products, identified by the department as a compliant cannabis product in chapter 246-70 WAC and tested to the standards in WAC 246-70-050, from a cannabis processor as defined in RCW 69.50.101.