WSLCB - Board Meeting
(August 22, 2018) - Summary

Two CR-102's were approved with draft rule changes to implement 2017 and 2018 cannabis legislation.

Here are some observations from the Wednesday August 22nd Washington State Liquor and Cannabis Board (WSLCB) Board Meeting.

My top 3 takeaways:

• The Board approved the supplemental CR 102 for 2017 Cannabis Legislation Rules (transcript, audio).
  • “Lozenge” was defined to be consistent with what products “can be packaged loosely in a consistently, child-resistant, resealable container.”
  • Licensees were added to “the list of people that must be 21 plus to work in a licensed establishment.”
  • “… the initial proposed language on volume discounts that was in the original CR 102” has been removed based on comments received.
  • Changes were made “to further clarify true party of interest and financiers and differentiate the two terms.” These changes were significantly modelled after Oregon rules.
  • Changes were made to allow processing service arrangements for cash instead of requiring title transfer of product being serviced.
  • Language was clarified for medically endorsed retail stores to spell out that although minors are allowed into such stores with their designated providers, the designated providers must be the ones making the purchase.
  • Personal possession and transaction limit changes were made for vendor educational and internal quality control samples to allow for greater flexibility than “individuals who are either the licensee or the employee who had purchasing authority.” Sampling allowances for topicals were also added.
  • For ownership changes, all references to “qualifying persons” were changed to “true party of interest” or “owners.”
  • A new section on Receivership includes language that Receivers must maintain residency throughout the process; and clarifies that violations of this section may result in Receiver disqualification from the Receivership process.
  • The Quality Assurance testing section has been removed to be replaced by a new, separate Rulemaking process.
  • A new Transportation License section has been created to make the “adjustment for the fee change for all licenses.”
  • Restrictions against giveaways have been loosened to allow for on-premise sampling of topicals and edibles that are not infused with THC.
  • Written comments on this supplemental CR 102 will be received until the public hearing scheduled for October 3, 2018.
• The Board approved the CR 102 for 2018 Cannabis Legislation Rules for testing and traceability requirements for “cannabinoid additives generated outside the regulated marijuana industry.”  (transcript, audio).
  • “The statute only allows for the finished [not raw] CBD products as defined under the statute and then defined … underneath the regulation to be received.”
  • It also establishes “security and traceability requirements for these CBD products, meaning how they shall be received, how they should be placed within traceability, and go forth through the system.”
  • “Inclusion of pesticides and heavy metal screening is based upon Department of Health rule requirements.”
  • QA testing requirements include for residual solvents; microbes; and mycotoxins, but not foreign matter.
  • “If the CBD product fails quality assurance testing, it may not be used as an additive in marijuana products and must be destroyed consistent with the requirements in WAC 314-55-097 … “there are provisions for retesting and remediation to provide exceptions to this requirement.”
  • Licensees and certified labs in violation of this statute may have their license or certification suspended or revoked.
  • Written comments on this CR 102 will be received until the public hearing scheduled for October 3, 2018.
• Longtime WSLCB Policy and Rules Coordinator Joanna Eide announced her transfer to the Washington State Department of Natural Resources (transcript, audio).  Her last day will be August 31st.

Information Set