wa-law.org > bill > 2025-26 > SB 6303 > Original Bill
The board must adopt rules to allow cannabis-infused products in solid form that are intended to be eaten or swallowed to be packaged loosely in a single, multiuse, resealable package or container without individual inner wrapping for each serving, if the following conditions are satisfied:
The outer package or container qualifies as child-resistant packaging under 16 C.F.R. Sec. 1700.15 and 1700.20, the poison prevention packaging act, as it exists on the effective date of this section;
The child-resistant functionality of the package or container is designed to be maintained for the reasonably expected life of the product, including after repeated opening and reclosing;
The package or container is capable of being securely reclosed after initial opening and remains child resistant upon reclosing; and
The package or container and any associated labeling otherwise meet board requirements regarding opaque packaging, warnings, and limitations on marketing to persons under 21 years of age.
Rules adopted under this section may not require a licensee to use the packaging option authorized in subsection (1) of this section. A licensee may continue to use existing compliant packaging, including individually wrapped servings, if allowed under rule.
Nothing in this section alters the maximum serving or total tetrahydrocannabinol content per package established by statute or rule.
The board must adopt rules necessary to implement this section within 12 months after the effective date of this section.
Beginning 24 months after the effective date of this section, licensees under this chapter must comply with the requirements of this section and rules adopted under it.
The board must adopt rules to allow cannabis concentrates and cannabis vapor products to be packaged and sold in unit sizes and multiunit packages that, in total, contain an amount of tetrahydrocannabinol or cannabis product that is not greater than the maximum quantity that may be sold or provided to a consumer in a single transaction.
Rules adopted under this section must:
Remove any limitation that restricts a single package of cannabis concentrate or cannabis vapor product to a one-gram unit or other unit size that is lower than the maximum quantity that may be sold to a consumer in a single transaction;
Maintain existing requirements for child-resistant packaging and labeling applicable to cannabis concentrates and cannabis vapor products, including any requirements adopted by the board to prevent accidental ingestion by persons under 21 years of age; and
Be drafted in a manner that causes the maximum allowable package size for cannabis concentrates and cannabis vapor products to adjust automatically if the board changes the daily purchase limits for those products by rule.
Nothing in this section authorizes a licensee to sell or provide to a consumer more cannabis product in a single transaction than is otherwise allowed by statute or rule.
The board must adopt or amend rules necessary to implement this section within 12 months after the effective date of this section.
Beginning 24 months after the effective date of this section, licensees under this chapter must comply with the requirements of this section and rules adopted under it.
The board must adopt rules governing cannabis plant traceability to allow producers to comply with plant tracking requirements using digital batch-level identification methods instead of individual physical tags for each plant.
Rules adopted under this section must:
Provide for robust electronic or digital batch-level tracking that is sufficient to support enforcement against diversion, ensure product testing and recall effectiveness, and comply with any applicable federal guidance;
Permit producers to group plants into logical batches, such as by strain, planting date, or production lot, and to track those batches in an electronic seed-to-sale system without affixing a single-use physical tag to each plant in the batch;
Prohibit the board from requiring individual physical plant tags for cannabis plants under any circumstance; and
Minimize the number of single-use tags and similar materials used solely for plant identification, consistent with the purposes of this chapter.
The board must adopt rules necessary to implement this section within 12 months after the effective date of this section.
Beginning 24 months after the effective date of this section, licensees under this chapter must comply with the requirements of this section and rules adopted under it.
The board must adopt rules that:
Preserve prohibitions on the consumption of cannabis and on the possession of open cannabis packages on the premises of cannabis retailers, unless expressly authorized in statute; and
Create a limited exception under which a cannabis retailer may accept open packages, used cannabis vapor devices, and used batteries from consumers solely for the purpose of recycling or safe disposal.
Rules adopted under this section must, at a minimum:
Require that any open packages, used cannabis vapor devices, or used batteries accepted under the exception in subsection (1)(b) of this section be immediately placed in a secure, nonpublicly accessible container or receptacle and not be removed from the premises except for transport for recycling or safe disposal in accordance with board rules and not be resold or otherwise redistributed for use or consumption;
Prohibit any on-site consumption of cannabis associated with the acceptance of open packages under this section; and
Include any additional safeguards the board deems necessary to protect public health and safety and prevent diversion.
Participation in store return programs authorized under this section is voluntary for retailers unless otherwise required under board rule.
The board must adopt rules necessary to implement this section within 12 months after the effective date of this section.
Beginning 24 months after the effective date of this section, licensees under this chapter must comply with the requirements of this section and rules adopted under it.
Subject to the compliance dates established in this section, cannabis vapor products sold or provided to consumers at retail by licensees under this chapter must be contained in vapor devices that only use batteries that are designed to be removable from the device by the consumer or by a person performing recycling or safe disposal of the device, using tools that are commonly available.
Rules adopted under this section must:
Establish technical standards for removable batteries in cannabis vapor devices, including standards that facilitate safe removal of batteries for recycling or disposal and that reduce fire risk in the solid waste stream;
Coordinate with any statewide or local programs for recycling or safe disposal of lithium-ion batteries and similar energy storage devices; and
Allow for a one-year phase-in period consistent with this section.
The board may adopt narrow exceptions to the requirement in subsection (1) of this section if the board determines that:
A removable battery design is not technologically feasible for a specific category of cannabis vapor device and there is no reasonably available alternative design that would allow compliance within the phase-in period; or
An exception is necessary to preserve access to medically appropriate cannabis vapor devices for qualifying patients and designated providers, and the board adopts alternative safeguards for recycling or safe disposal of devices covered by the exception.
Nothing in this section authorizes the board to regulate vapor devices that are not used with cannabis products regulated under this chapter.
The board must adopt rules necessary to implement this section within 24 months after the effective date of this section.
Beginning 36 months after the effective date of this section, licensees under this chapter must comply with the requirements of this section and rules adopted under it.
The board shall use existing enforcement authorities under this chapter and rules adopted under it to implement and enforce the requirements established in sections 1 through 5 of this act and rules adopted under those sections.
Sections 1 through 5 of this act do not create a new crime or new civil penalty. Violations of rules adopted under sections 1 through 5 of this act are subject to enforcement under existing licensing and regulatory provisions applicable to licensees under this chapter.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.