| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z | ||
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1 | ID | Service | Requirement | Source | Req. Criticality | Proposed for Change? | Champion for change | RCW | WAC | Comments | |||||||||||||||||
2 | Program Objectives | The purpose of this chapter is to outline the application process, qualifications and requirements to obtain and maintain a marijuana license and the reporting requirements for a marijuana licensee. | WAC | Should | No | N/A | 314-55-005 | ||||||||||||||||||||
3 | License Impacts | (12) Has failed to pay taxes or fees required under chapter 69.50 RCW or failed to provide production, processing, inventory, sales and transportation reports to documentation required under this chapter. | WAC | Should | No | N/A | 314-55-050 | ||||||||||||||||||||
4 | License Impacts | (b) Fully operational means the business meets the following criteria for at least twelve consecutive weeks within a twelve-month period after issuance of the license before or after the effective date of this section:(iii) Reports monthly sales from the sale of marijuana products and pays applicable taxes. | WAC | Should | No | N/A | 314-55-055 | ||||||||||||||||||||
5 | Program Objectives | (4) Traceability: To prevent diversion and to promote public safety, marijuana licensees must track marijuana from seed to sale. Licensees must provide the required information on a system specified by the WSLCB. All costs related to the reporting requirements are borne by the licensee. Marijuana seedlings, clones, plants, lots of useable marijuana or trim, leaves, and other plant matter, batches of extracts, marijuana-infused products, samples, and marijuana waste must be traceable from production through processing, and finally into the retail environment including being able to identify which lot was used as base material to create each batch of extracts or infused products. The following information is required and must be kept completely up-to-date in a system specified by the WSLCB: | WAC | Should | Yes | 69.50.385 | 314-55-083 | CHANGE: remove references to "seed", remove "seed to sale" and just state, "must track cannabis at specific lifecycle milestones…" Remove cannabis "seedlings, clones" from fourth sentence. | |||||||||||||||||||
6 | Program Objectives | (a) Key notification of "events," such as when a plant enters the system (moved from the seedling or clone area to the vegetation production area at a young age); | WAC | Should | Yes | T2.0 | Not found | 314-55-083 | Recommend naming the events and not giving "example(s)"; CHANGE: remove references to "seed" and "clone" [make note to explicitly state which stages of the growth cycle are in or out. Nothing in rule does so succinctly other than, "seed to sale" which is undefined. | ||||||||||||||||||
7 | Program Objectives | (b) When plants are to be partially or fully harvested or destroyed; | WAC | Should | No | 314-55-083 | |||||||||||||||||||||
8 | Program Objectives | (c) When a lot or batch of marijuana, marijuana extract, marijuana concentrates, marijuana-infused product, or marijuana waste is to be destroyed; | WAC | Should | Admin | Mueller | Not found | 314-55-083 | CHANGE PROPOSED: remove list of types and refer to Regulated product or other such term that can live in defintions. | ||||||||||||||||||
9 | Program Objectives | (d) When useable marijuana, marijuana concentrates, or marijuanainfused products are transported; | WAC | Should | Admin | Mueller | Not found | 314-55-083 | CHANGE PROPOSED: remove list of types and refer to Regulated product or other such term that can live in defintions. | ||||||||||||||||||
10 | Program Objectives | (e) Any theft of useable marijuana, marijuana seedlings, clones, plants, trim or other plant material, extract, infused product, seed, plant tissue or other item containing marijuana; | WAC | Should | Admin | Mueller | Not found | 314-55-083 | CHANGE PROPOSED: remove list of types and refer to Regulated product or other such term that can live in defintions. | ||||||||||||||||||
11 | Program Objectives | (f) All marijuana plants eight or more inches in height or width must be physically tagged and tracked individually; | WAC | Should | No | 314-55-083 | NOTE: this is where the 8" is consistent with Justin's last approved tag height limit. | ||||||||||||||||||||
12 | Program Objectives | (g) A complete inventory of all marijuana, seeds, plant tissue, seedlings, clones, all plants, lots of useable marijuana or trim, leaves, and other plant matter, batches of extract, marijuana concentrates, marijuana-infused products, and marijuana waste; | WAC | Should | Admin | Mueller | Not found | 314-55-083 | CHANGE PROPOSED: remove list of types and refer to Regulated product or other such term that can live in defintions. | ||||||||||||||||||
13 | Program Objectives | (h) All marijuana, useable marijuana, marijuana-infused products, marijuana concentrates, seeds, plant tissue, clone lots, and marijuana waste must be physically tagged with the unique identifier generated by the traceability system and tracked; | WAC | Should | Yes | T2.0 | Not found | 314-55-083 | CHANGE proposed: Unique identifiers at the lot and batch level, but each individual product will have a tag | ||||||||||||||||||
14 | Program Objectives | (i) All point-of-sale records; | WAC | Should | No | 314-55-083 | |||||||||||||||||||||
15 | Program Objectives | (j) Marijuana excise tax records; | WAC | Should | Admin | Mueller | 314-55-083 | CHANGE: remove from 083 since tax reporting requirements are submitted per 109. | |||||||||||||||||||
16 | Program Objectives | (k) All samples sent to an independent testing lab, any sample of unused portion of a sample returned to a licensee, and the quality assurance test results; | WAC | Should | No | 314-55-083 | |||||||||||||||||||||
17 | Program Objectives | (l) All vendor samples provided to another licensee for purposes of education or negotiating a sale; | WAC | Should | No | 314-55-083 | |||||||||||||||||||||
18 | Program Objectives | (m) All samples used for testing for quality by the producer or processor; | WAC | Should | No | 314-55-083 | |||||||||||||||||||||
19 | Program Objectives | (n) Samples containing useable marijuana provided to retailers; | WAC | Should | No | 314-55-083 | |||||||||||||||||||||
20 | Program Objectives | (o) Samples provided to the WSLCB or their designee for quality assurance compliance checks; and | WAC | Should | No | 314-55-083 | |||||||||||||||||||||
21 | Program Objectives | (p) Other information specified by the board. | WAC | Should | No | 314-55-083 | |||||||||||||||||||||
22 | Program Objectives | (b) The department shall regularly prepare and make available to other state regulatory, licensing, and law enforcement agencies a report on the patterns and trends of actual distribution, diversion, and abuse of controlled substances. | RCW | Must | No | 69.50.525 | |||||||||||||||||||||
23 | Program Objectives | (c) The department shall enter into written agreements with local, state, and federal agencies for the purpose of improving identification of sources of diversion and to improve enforcement of and compliance with this chapter and other laws and regulations pertaining to unlawful conduct involving controlled substances. An agreement must specify the roles and responsibilities of each agency that has information or authority to identify, prevent, and control drug diversion and drug abuse. The department shall convene periodic meetings to coordinate a state diversion prevention and control program. The department shall arrange for cooperation and exchange of information among agencies and with neighboring states and the federal government. | RCW | Must | No | N/A | 69.50.525 | ||||||||||||||||||||
24 | Program Objectives | (5)(a) 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. (b) The state liquor and cannabis 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: (i) The specific recommendations required under (a) of this subsection; (ii) A comparison of gross sales and tax collections prior to and after any marijuana tax change; (iii) The increase or decrease in the volume of legal marijuana sold prior to and after any marijuana tax change; (iv) Increases or decreases in the number of licensed marijuana producers, processors, and retailers; (v) The number of illegal and noncompliant marijuana outlets the board requires to be closed; (vi) Gross marijuana sales and tax collections in Oregon; and (vii) 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. (c) The board is not required to report to the legislature as required in (b) of this subsection after January 1, 2025. (6) 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. | RCW | Must | No | N/A | 69.50.535 | ||||||||||||||||||||
25 | Program Objectives | (1) 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: (b) 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; (g) Labeling requirements and restrictions on advertisement of marijuana, useable marijuana, marijuana concentrates, cannabis health and beauty aids, and marijuana-infused products for sale in retail outlets; (k) Times and periods when, and the manner, methods, and means by which, licensees transport and deliver marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products within the state; (l) Identification, seizure, confiscation, destruction, or donation to law enforcement for training purposes of all marijuana, marijuana concentrates, useable marijuana, and marijuana-infused 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; | RCW | ||||||||||||||||||||||||
26 | Definitions | (y) "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include: (1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; or (2) Hemp or industrial hemp as defined in RCW 15.140.020, seeds used for licensed hemp production under chapter 15.140 RCW. | RCW | Must | No | N/A | 69.50.101 | ||||||||||||||||||||
27 | Definitions | (a) As used in this section, "diversion" means the transfer of any controlled substance from a licit to an illicit channel of distribution or use. | RCW | Must | No | N/A | 69.50.525 | ||||||||||||||||||||
28 | Unit | Means an individually packaged marijuana-infused solid or liquid product meant to be eaten or swallowed, not to exceed ten servings or one hundred milligrams of active tetrahydrocannabinol (THC), or Delta 9. | RCW | should | Admin | Mueller | Not found | 314-55-010 | CHANGE proposed: remove reference to "meant to be eaten or swallowed" as this is being used to reference any marijuana-infused product other than flower. | ||||||||||||||||||
29 | Harvest | Means the marijuana plant material derived from plants of the same strain that were cultivated at the same licensed location and gathered at the same time. | WAC | Should | No | N/A | Not found | 314-55-010 | |||||||||||||||||||
30 | Immature plant or clone | Means a marijuana plant or clone that has no flowers, is less than twelve inches high, and is less than twelve inches in diameter. Suggested: Means a marijuana plant or clone that has no flowers, is less than twelve (12) inches high, and is less than twelve inches in diameter. | WAC | Should | Yes | T2.0 | 69.50.101 | 314-55-010 | CHANGE proposed: lower height to 8" which will make it consistent with 083 and per Justin's proposal to T2.0; requires change in WAC and RCW, which also cites 12 inches. | ||||||||||||||||||
31 | Cooperative | Means a group of more than one, but no more than four qualified medical marijuana patients and/or designated providers who share responsibility for growing and processing marijuana only for the medical use of the members of the cooperative. | WAC, RCW | Must | No | N/A | 69.51A.250 | 314-55-010 | |||||||||||||||||||
32 | Intermediate Product | Means marijuana flower lots or other material lots that have been converted by a marijuana processor to a marijuana mix lot, marijuana concentrate or marijuana-infused product that must be or are intended to be converted further to an end product. | WAC | Should | No | N/A | 314-55-010 | ||||||||||||||||||||
33 | Industry Member | Means a licensed marijuana producer, marijuana processor, marijuana retailer, marijuana transportation licensee, marijuana research licensee, their authorized representatives, and including, but not limited to, any affiliates, subsidiaries, officers, partners, financiers, agents, employees, and representatives of any licensee. | WAC | Should | No | No | 314-55-018 | ||||||||||||||||||||
34 | CBD Product | (e) "CBD product" means any product containing or consisting of cannabidiol. | RCW | Must | No | N/A | 69.50.101 | ||||||||||||||||||||
35 | Immature plant or clone | (s) "Immature plant or clone" means a plant or clone that has no flowers, is less than twelve inches in height, and is less than twelve inches in diameter. | RCW | Must | Yes | T2.0 | 69.50.010 | CHANGE proposed: move to 8" | |||||||||||||||||||
36 | Producer | (1)(a) A marijuana producer license allows the licensee to produce, harvest, trim, dry, cure, and package marijuana into lots for sale at wholesale to marijuana processor licensees and to other marijuana producer licensees. A marijuana producer may also produce and sell: (i) Marijuana plants, seed, and plant tissue culture to other marijuana producer licensees; (ii) Immature marijuana plants or clones and marijuana seeds to members of a registered cooperative, qualifying patients, or designated providers under the conditions provided in this chapter; and (iii) Immature marijuana plants or clones and marijuana seeds to a licensed marijuana researcher under the conditions provided in this chapter. | WAC | Should | No | N/A | 314-55-075 | ||||||||||||||||||||
37 | Producer | (11) A marijuana producer must make quality assurance test results available to any processor purchasing product. A marijuana producer must label each lot of marijuana with the following information: (a) Lot number; (b) UBI number of the producer; and (c) Weight of the product | WAC | Should | No | N/A | 314-55-075 | ||||||||||||||||||||
38 | Producer | (1) There shall be a marijuana producer's license regulated by the board and subject to annual renewal. The licensee is authorized to produce: (a) Marijuana for sale at wholesale to marijuana processors and other marijuana 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 marijuana in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed marijuana producer, shall not be a criminal or civil offense under Washington state law. Every marijuana producer's license shall be issued in the name of the applicant, shall specify the location at which the marijuana 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 marijuana producer's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a marijuana producer's license shall be one thousand three hundred eighty-one dollars. A separate license shall be required for each location at which a marijuana producer intends to produce marijuana | RCW | Must | No | N/A | 69.50.325 | ||||||||||||||||||||
39 | Processor | (1) A marijuana processor license allows the licensee to process, dry, cure, package, and label useable marijuana, marijuana concentrates, and marijuana-infused products for sale at wholesale to marijuana processors and marijuana retailers. | WAC | Should | No | N/A | 314-55-077 | ||||||||||||||||||||
40 | Processor | (3) Any entity and/or principals within any entity are limited to no more than three marijuana processor licenses. | WAC | Should | No | N/A | 314-55-077 | ||||||||||||||||||||
41 | Processor | (4)(a) A marijuana processor that makes marijuana-infused solid or liquid product meant to be ingested orally (marijuana edibles) must obtain a marijuana-infused edible endorsement from the department of agriculture as required under chapter 15.125 RCW and rules adopted by the department to implement that chapter (chapter 16-131 WAC). A licensee must allow the board or their designee to conduct physical visits and inspect the processing facility, recipes, and records required under WAC 314-55-087 during normal business hours or at any time of apparent operation without advance notice. | WAC | Should | No | N/A | 314-55-077 | ||||||||||||||||||||
42 | (15) Marijuana may not be returned by any retail licensee to any processor except as provided in this section. (a) Every processor must maintain on the licensed premises for a period of five years complete records of all refunds and exchanges made under this section including an inventory of marijuana and marijuana products returned to the processor by any retail licensee. | WAC | Should | No | N/A | 314-55-077 | |||||||||||||||||||||
43 | (b) Marijuana may be returned by a retail licensee in the event a retailer goes out of the business of selling marijuana at retail and a cash refund, as defined by WAC 314-55-115, may be made upon the return of the marijuana or marijuana products, so long as WSLCB approval is acquired prior to returns and refunds under this subsection. | WAC | Should | No | N/A | 314-55-077 | |||||||||||||||||||||
44 | (c) Marijuana products different from that ordered by a retailer and delivered to the retailer may be returned to a processor and either replaced with marijuana products which were ordered or a cash refund, as defined by WAC 314-55-115, may be made. These incorrect orders must be discovered and corrected within eight days of the date the delivery was made to be eligible for returns and refunds under this subsection. | WAC | Should | No | N/A | 314-55-077 | |||||||||||||||||||||
45 | (d) A marijuana processor may accept returns of products and sample jars from marijuana retailers for destruction, but is not required to provide refunds to the retailer. It is the responsibility of the retailer to ensure the product or sample jar is returned to the processor. | WAC | Should | No | N/A | 314-55-077 | |||||||||||||||||||||
46 | (2) There shall be a marijuana processor's license to process, package, and label marijuana concentrates, useable marijuana, and marijuana-infused products for sale at wholesale to marijuana processors and marijuana retailers, regulated by the board and subject to annual renewal. The processing, packaging, possession, delivery, distribution, and sale of marijuana, useable marijuana, marijuana-infused products, and marijuana 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 marijuana processor, shall not be a criminal or civil offense under Washington state law. Every marijuana 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 marijuana processor's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a marijuana processor's license shall be one thousand three hundred eighty-one dollars. A separate license shall be required for each location at which a marijuana processor intends to process marijuana. | RCW | Must | No | N/A | 69.50.325 | |||||||||||||||||||||
47 | (3)(a) There shall be a marijuana retailer's license to sell marijuana concentrates, useable marijuana, and marijuana-infused products at retail in retail outlets, regulated by the board and subject to annual renewal. The possession, delivery, distribution, and sale of marijuana concentrates, useable marijuana, and marijuana-infused products in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed marijuana retailer, shall not be a criminal or civil offense under Washington state law. Every marijuana 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 marijuana retailer's license shall be two hundred fifty dollars. The annual fee for issuance and renewal of a marijuana retailer's license shall be one thousand three hundred eighty-one dollars. A separate license shall be required for each location at which a marijuana retailer intends to sell marijuana concentrates, useable marijuana, and marijuana-infused products. | RCW | Must | No | N/A | 69.50.325 | |||||||||||||||||||||
48 | Retail | (1) A marijuana retailer license allows the licensee to sell only useable marijuana, marijuana concentrates, marijuana-infused products, marijuana paraphernalia, and lockable boxes to store marijuana at retail in licensed retail outlets to persons twenty-one years of age and older, except as allowed for persons under twenty-one years of age consistent with RCW 69.50.357 and WAC 314-55-080. | WAC | Should | No | N/A | 314-55-079 | ||||||||||||||||||||
49 | Retail | (5) Internet sales and delivery of product to customers are prohibited. | WAC | Should | No | N/A | 314-55-079 | ||||||||||||||||||||
50 | Retail | (7) Marijuana retailers may not sell marijuana products below the current acquisition cost. | WAC | Should | No | N/A | 314-55-079 | ||||||||||||||||||||
51 | Retail | (11) A marijuana retailer may transport product to other locations operated by the licensee or to return product to a marijuana processor as outlined in WAC 314-55-085. | WAC | Should | No | N/A | 314-55-079 | ||||||||||||||||||||
52 | Retail | (12) A marijuana retailer may accept returns of open marijuana products. Products must be returned in their original packaging with the lot, batch, or inventory ID number fully legible. | WAC | Should | No | N/A | 314-55-079 | ||||||||||||||||||||
53 | Retail | (13) A marijuana retailer may dispose of marijuana products as provided in WAC 314-55-097. | WAC | Should | No | N/A | 314-55-079 | ||||||||||||||||||||
54 | Lots and Batches | (19) "Lot" means either of the following: (a) The flowers from one or more marijuana plants of the same strain. A single lot of flowers cannot weigh more than five pounds; or (b) The trim, leaves, or other plant matter from one or more marijuana plants. A single lot of trim, leaves, or other plant matter cannot weigh more than fifteen pounds. | WAC | Should | Yes | T2.0 | 314-55-010 | CHANGE Proposed: change defnition to remove 5 lb and 15 lb weight limit. Need new definition of lot. | |||||||||||||||||||
55 | Lots and Batches | (v) "Lot" means a definite quantity of marijuana, marijuana concentrates, useable marijuana, or marijuana-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 | RCW | Must | No | N/A | 69.50.101 | NOTE: Statutory definition does not require change, but the WAC definition will. | |||||||||||||||||||
56 | Lots and Batches | (w) "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 marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product | RCW | Must | No | N/A | 69.50.101 | ||||||||||||||||||||
57 | Lots and Batches | (2) "Batch" means a quantity of marijuana-infused product containing material from one or more lots of marijuana. | WAC | Should | No | T2.0 | 314-55-010 | Batch definition does not contain the weight restrictions; no change needed. | |||||||||||||||||||
58 | Lots and Batches | (c) Intermediate products. Intermediate products must meet the following requirements related to quality assurance testing: (i) All intermediate products must be homogenized prior to quality assurance testing; (ii) For the purposes of this section, a batch is defined as a single run through the extraction or infusion process; (iii) A batch of marijuana mix may not exceed five pounds and must be chopped or ground so no particles are greater than 3 mm; and (iv) All batches of intermediate products require the following quality assurance tests: | WAC | Should | Yes | T2.0 | 314-55-102 | CHANGE Proposed: change definition to remove 5 lb and 15 lb weight limit. Need new definition of lot. | |||||||||||||||||||
59 | Research | d(iv) The applicant must demonstrate access to and proficiency with the traceability system; and | WAC | Should | Admin | Mueller | 314-55-073 | CHANGE Proposed: I would suggest removing this, or modifying reference to traceability. An applicant won't have access to the traceability system, only a licensed entity does, so there will never be an applicant that can meet this threshold. | |||||||||||||||||||
60 | Research | (4) Reporting required. (a) The WSLCB or the WSLCB's designated reviewer may require reporting by or auditing of research licensees as necessary. (b) The WSLCB's designated reviewer must submit an annual status report of all completed and ongoing research projects for the previous year to the WSLCB by December 31st of each calendar year. (c) The licensee must adhere to the reporting requirements in the traceability system under WAC 314-55-083. (d) The reviewer must immediately notify the WSLCB if it receives information indicating that a research licensee is operating outside the scope of the projects approved under a research license. | WAC | Should | Admin | Mueller | 314-55-073 | CHANGE Proposed: amend c to remove "traceability" | |||||||||||||||||||
61 | Research | The WSLCB may revoke an application for the following reasons: (a)(iv) The WSLCB finds that the licensee possesses marijuana plants, marijuana, or marijuana products that are not accounted for in the traceability system | WAC | Should | Admin | Mueller | 314-55-073 | CHANGE proposed: replace traceability reference | |||||||||||||||||||
62 | Research | 3(c) The licensee must adhere to the reporting requirements in the traceability system under WAC 314-55-083. | WAC | Should | Admin | Mueller | 314-55-073 | CHANGE proposed: replace traceability reference | |||||||||||||||||||
63 | Cooperatives | (1) Marijuana cooperatives must keep records that clearly reflect all activity, inventory, and conditions of the cooperative. The following records must be kept in a format prescribed by the WSLCB. All records must be maintained on the cooperative premises for a three-year period and must be made available for inspection if requested by an employee of the WSLCB, the department of health, the department of revenue, or local law enforcement. | WAC | Should | No | N/A | 314-55-415 | ||||||||||||||||||||
64 | Cooperatives | (a) Cooperatives must maintain a plant log to track each marijuana plant from the time it enters the cooperative. At minimum, tracking must include: (i) Unique plant identification numbers for each plant at the cooperative; (ii) The date the plant was brought into the cooperative; and (iii) The date the plant leaves the cooperative, including the reason, (e.g., harvested, destroyed, or member left the cooperative). | WAC | Should | No | N/A | 314-55-415 | ||||||||||||||||||||
65 | Cooperatives | (b) Cooperatives must maintain a log to track all harvested plant material from time of harvest until all harvested material has been dispersed. At minimum, tracking must include: (i) A unique identification number for each harvest; (ii) The total dry weight of harvested material; (iii) The date quantities are removed from the harvested material; (iv) The amount removed from the harvested material; (v) The reason quantities are removed from the harvested material (e.g., taken for use by qualifying patient, used for extraction, etc.); and (vi) The current weight of the harvested material. | WAC | Should | No | N/A | 314-55-415 | ||||||||||||||||||||
66 | Cooperatives | (c) Cooperatives must maintain a log to track all extracts produced from the time they are produced until all extracted material has been dispersed. At minimum, tracking must include: (i) A unique identification for the extract batch; (ii) The date the extract batch was created; (iii) The total initial weight of the extract batch; (iv) ID number of the harvest the material used to make the extract came from; (v) The weight of marijuana plant material used to create the batch; (vi) The date quantities are removed from the extract batch; (vii) The quantity removed from the extract batch and reason; and (viii) The current weight of the extract batch. | WAC | Should | No | N/A | 314-55-415 | ||||||||||||||||||||
67 | Cooperatives | (2) Cooperatives must submit monthly activity report(s) to the WSLCB. The required monthly reports must be: (a) On an electronic system designated by the WSLCB; (b) Filed every month, including months with no activity; (c) Submitted to the WSLCB on or before the twentieth day of each month, for the previous month. (For example, a report listing activity for the month of January is due by February 20th.); (d) Filed separately for each cooperative; and (e) All records must be maintained and available for review for a three-year period on licensed premises. | WAC | Should | No | N/A | 314-55-415 | Note: This requires reporting to WSLCB but does not need any administrative or substantive changes with T2.0 proposal | |||||||||||||||||||
68 | Medical Marijuana | (1) A medical marijuana endorsement added to a marijuana retail license allows the marijuana retail licensee to: (a) Sell marijuana for medical use to qualifying patients and designated providers; and (b) Provide marijuana at no charge, at their discretion, to qualifying patients and designated providers. | WAC | Should | No | N/A | 314-55-080 | We do not currently have a flag for reporting entities to claim medical product, instead we use the type of tests to indicate so. We could request that products that meet medical standards bet reported as "medical" then we can track where they lose that designation and where the product is available. | |||||||||||||||||||
69 | Medical Marijuana | (3) To maintain a medical marijuana endorsement in good standing, a marijuana retailer must: (h) Keep records to document the validity of tax exempt sales as prescribed by the department of revenue for a minimum of five years. For the documentation requirements in RCW 69.50.375 (3)(e), licensees are not required to separately keep copies of the qualifying patient's or designated provider's recognition card because this information is stored in the medical marijuana authorization database; | WAC | Should | No | N/A | 314-55-080 | ||||||||||||||||||||
70 | Medical Marijuana | (4) A marijuana retailer holding a medical marijuana endorsement may sell products with a THC concentration of 0.3 percent or less. The licensee may also provide these products at no charge to qualifying patients or designated providers. | WAC | Should | No | N/A | 314-55-080 | ||||||||||||||||||||
71 | Transport | (1) Notification of shipment. Upon transporting any marijuana or marijuana product, a producer, processor, retailer, or certified third-party testing lab shall notify the WSLCB of the type and amount and/or weight of marijuana and/or marijuana products being transported, the name of transporter, information about the transporting vehicle, times of departure and expected delivery. This information must be reported in the traceability system described in WAC 314-55-083(4). | WAC | Should | Admin | Mueller | 314-55-085 | CHANGE proposed: replace traceability reference | |||||||||||||||||||
72 | Transport | (2) Receipt of shipment. Upon receiving the shipment, the licensee or certified third-party lab receiving the product shall report the amount and/or weight of marijuana and/or marijuana products received in the traceability system. | WAC | Should | Admin | Mueller | 314-55-085 | CHANGE proposed: replace traceability reference | |||||||||||||||||||
73 | Transport | (3) Transportation manifest. A complete printed transport manifest on a form provided by the WSLCB containing all information required by the WSLCB must be kept with the product at all times. | WAC | Should | YES | Traceability 2.0; intergrators; | 314-55-085 | CHANGE proposed: WSLCB will not distribute the form, but will provide the required fields. All other reporting and content requirements remain | |||||||||||||||||||
74 | Transport | (4) Records of transportation. Records of all transportation must be kept for a minimum of three years at the licensee's location and are subject to inspection. | WAC | Should | No | 314-55-085 | |||||||||||||||||||||
75 | Transport | (5) Transportation of product. Marijuana or marijuana products that are being transported must meet the following requirements: (a) Only the marijuana licensee, an employee of the licensee, a transportation licensee, or a certified testing lab may transport product and/or occupy a transporting vehicle; (b) Drivers and/or occupants of a transporting vehicle must be twenty-one years of age or older; (c) Marijuana or marijuana products must be in a sealed package or container approved by the WSLCB pursuant to WAC 314-55-105; (d) Sealed packages or containers cannot be opened during transport; (e) Marijuana or marijuana products must be in a locked, safe and secure storage compartment that is secured to the inside body/compartment of the vehicle transporting the marijuana or marijuana products; (f) Any vehicle transporting marijuana or marijuana products must travel directly from the shipping licensee to the receiving licensee and must not make any unnecessary stops in between except to other facilities receiving product; (g) Live plants may be transported in a fully enclosed, windowless locked trailer, or in a secured area within the inside body/ Certified on 11/13/2020 Page 37 compartment of a van or box truck. A secured area is defined as an area where solid or locking metal petitions, cages, or high strength shatterproof acrylic can be used to create a secure compartment in the fully enclosed van or box truck. The secure compartment in the fully enclosed van or box truck must be free of windows. Live plants may not be transported in the bed of a pickup truck, a sports utility vehicle, or passenger car. | WAC | Should | Yes | Licensees | 314-55-085 | CHANGE proposed: (f) changed to allow multiple locations if pre-authorized and ability to report manifest change mid-trip | |||||||||||||||||||
76 | Transport | (6) For purposes of this chapter, any vehicle assigned for the purposes of transporting marijuana, usable marijuana, marijuana concentrates, or marijuana-infused products shall be considered an extension of the licensed premises. Transport vehicles are subject to inspection by enforcement officers of the WSLCB. Vehicles assigned for transportation may be stopped and inspected by a WSLCB enforcement officer at any licensed location, or while en route during transportation. | WAC | Should | No | 314-55-085 | |||||||||||||||||||||
77 | Transport | (7) All marijuana plants, clones, seeds, lots, batches, intermediate products, end products, vendor samples, and sample jars must remain physically tagged during transport. | WAC | Should | Yes | Mueller | 314-55-085 | CHANGE proposed: remove the specific product types and refer to Regulated Product (or other term that can live in definitions) | |||||||||||||||||||
78 | Quality Assurance Sampling Protocols | (1) On a schedule determined by the state liquor and cannabis board, every licensed marijuana producer and processor must submit representative samples of marijuana, useable marijuana, or marijuana-infused products produced or processed by the licensee to an independent, third-party testing laboratory meeting the accreditation requirements established by the state liquor and cannabis board, for inspection and testing to certify compliance with quality assurance and product standards adopted by the state liquor and cannabis board under RCW 69.50.342. Any sample remaining after testing shall be destroyed by the laboratory or returned to the licensee submitting the sample. | RCW | Must | No | N/A | 69.50.348 | ||||||||||||||||||||
79 | Quality Assurance Testing | (2) Licensees must submit the results of inspection and testing for quality assurance and product standards required under subsection (1) of this section to the state liquor and cannabis board on a form developed by the state liquor and cannabis board. | RCW | Must | No | N/A | 69.50.348 | ||||||||||||||||||||
80 | Quality Assurance Testing | (3) If a representative sample inspected and tested under this section does not meet the applicable quality assurance and product standards established by the state liquor and cannabis board, the entire lot from which the sample was taken must be destroyed. | RCW | Must | No | N/A | 69.50.348 | ||||||||||||||||||||
81 | Quality Assurance Sampling Protocols | (1) To ensure quality assurance samples submitted to certified third-party laboratories (certified labs) are representative from the lot or batch from which they were sampled as required in RCW 69.50.348, licensed producers, licensed processors, certified labs, and their employees must adhere to the minimum sampling protocols as provided in this section. | WAC | Should | No | 314-55-101 | |||||||||||||||||||||
82 | Quality Assurance Sampling Protocols | (2) Sampling protocols for all marijuana product lots and batches: (a) Samples must be deducted in a way that is most representative of the lot or batch and maintains the structure of the marijuana sample. Licensees, certified labs, and their employees may not adulterate or change in any way the representative sample from a lot or batch before submitting the sample to certified labs. This includes adulterating or changing the sample in any way as to inflate the level of potency, or to hide any microbiological contaminants from the required microbiological screening such as, but not limited to: (i) Adulterating the sample with kief, concentrates, or other extracts; Certified on 11/13/2020 Page 50 (ii) Treating a sample with solvents to hide the microbial count of the lot or batch from which it was deducted. This subsection does not prohibit the treatment of failed lots or batches with methods approved by the WSLCB; or (iii) Pregrinding a flower lot sample. (b) All samples must be taken in a sanitary environment using sanitary practices and ensure facilities are constructed, kept, and maintained in a clean and sanitary condition in accordance with rules and as prescribed by the Washington state department of agriculture under chapters 16-165 and 16-167 WAC. (c) Persons collecting samples must wash their hands prior to collecting a sample from a lot or batch, wear appropriate gloves while preparing or deducting the lot or batch for sample collection, and must use sanitary utensils and storage devices when collecting samples. (d) Samples must be placed in a sanitary plastic or glass container, and stored in a location that prevents the propagation of pathogens and other contaminants, such as a secure, low-light, cool and dry location. (e) The licensee must maintain the lot or batch from which the sample was deducted in a secure, low-light, cool, and dry location to prevent the marijuana from becoming contaminated or losing its efficacy. (f) Each quality assurance sample must be clearly marked "quality assurance sample" and be labeled with the following information: (i) The sixteen digit identification number generated by the traceability system; (ii) The license number and name of the certified lab receiving the sample; (iii) The license number and trade name of the licensee sending the sample; (iv) The date the sample was collected; and (v) The weight of the sample. | WAC | Must | Yes | T2.0 | 314-55-101 | CHANGE proposed: remove "16 digits" and, "generated from the traceability system" from (i). T2.0 recommends that manifest creation be decentralized but have mandatory fields. | |||||||||||||||||||
83 | Quality Assurance Sampling Protocols | (3) Additional sampling protocols for flower lots: (a) Licensees or certified labs must collect a minimum of four separate samples from each marijuana flower lot up to five pounds. Licensees or certified labs may collect more samples than this minimum, but must not collect less. The samples must be of roughly equal weight not less than one gram each. (b) The four separate samples must be taken from different quadrants of the flower lot. A quadrant is the division of a lot into four equal parts. Dividing a lot into quadrants prior to collecting samples must be done in a manner that ensures the samples are collected from four evenly distributed areas of the flower lot and may be done visually or physically. (c) The four samples may be placed together in one container conforming to the packaging and labeling requirements in subsection (2) of this section for storage and transfer to a certified lab. (4) Certified labs may retrieve samples from a marijuana licensee's licensed premises and transport the samples directly to the lab. Certified labs may also return any unused portion of the samples. (5) Certified labs may reject or fail a sample if the lab has reason to believe the sample was not collected in the manner required by this section, adulterated in any way, contaminated with known or unknown solvents, or manipulated in a manner that violates the sampling protocols, limit tests, or action levels. | WAC | Yes | Licensees; T2.0 | 314-55-101 | |||||||||||||||||||||
84 | Quality Assurance Sampling Protocols | (6) The WSLCB or its designee will take immediate disciplinary action against any licensee or certified lab that fails to comply with the provisions of this section or falsifies records related to this section including, without limitation, revoking the license the licensed producer or processor, or certification of the certified lab. | WAC | Should | No | 314-55-101 | |||||||||||||||||||||
85 | Quality Assurance Sampling Protocols | WAC 314-55-102 Quality assurance testing. A third-party testing lab must be certified by the WSLCB or the WSLCB's vendor as meeting the WSLCB's accreditation and other requirements prior to conducting quality assurance tests required under this section. | WAC | Should | No | N/A | 314-55-102 | ||||||||||||||||||||
86 | Quality Assurance Reporting | (a) Potency analysis. (iii) Regardless of analytical equipment or methodology, certified labs must accurately measure and report the acidic (THCA and CBDA) and neutral (THC and CBD) forms of the cannabinoids. | WAC | Should | No | N/A | 314-55-102 | ||||||||||||||||||||
87 | Quality Assurance Sampling Protocols | (b) Potency analysis for flower lots. (i) Certified labs must test and report the results for the required flower lot samples as described in WAC 314-55-101(3) for the following required cannabinoids: | WAC | Should | No | N/A | 314-55-102 | ||||||||||||||||||||
88 | Quality Assurance Sampling Protocols | (a) General quality assurance testing requirements for certified labs. (i) Certified labs must record an acknowledgment of the receipt of samples from producers or processors in the WSLCB seed to sale traceability system. Certified labs must also verify if any unused portion of the sample was destroyed or returned to the licensee after the completion of required testing. (ii) Certified labs must report quality assurance test results directly to the WSLCB traceability system when quality assurance tests for the field of testing are required within twenty-four hours of completion of the test(s). (iii) Certified labs must fail a sample if the results for any limit test are above allowable levels regardless of whether the limit test is required in the testing tables in this section. | WAC | Should | Admin | Mueller | 314-55-102 | CHANGE proposed: Amend reporting to a more generic term | |||||||||||||||||||
89 | Quality Assurance Sampling Protocols | (e) End products consisting of only one intermediate product that has not been changed in any way are not subject to potency analysis. | WAC | Should | Yes | T2.0 | 314-55-102 | CHANGE proposed: all end products will require potency testing | |||||||||||||||||||
90 | Quality Assurance Sampling Protocols | (3) No lot of usable flower, batch of marijuana concentrate, or batch of marijuana-infused product may be sold or transported until the completion and successful passage of quality assurance testing as required in this section, except: (a) Business entities with multiple locations licensed under the same UBI number may transfer marijuana products between the licensed locations under the same UBI number prior to quality assurance testing; and (b) Licensees may wholesale and transfer batches or lots of flower and other material that will be extracted and marijuana mix and nonsolvent extracts for the purposes of further extraction prior to completing required quality assurance testing. Licensees may wholesale and transfer failed lots or batches to be extracted pursuant to subsection (5) of this section. | WAC | Should | Yes | T2.0 | 314-55-102 | CHANGE proposed: Change to end products and remove restrictions on transport without intermediate test results | |||||||||||||||||||
91 | Quality Assurance Sampling Protocols | (4) Samples, lots, or batches that fail quality assurance testing. (a) Upon approval by the WSLCB, failed lots or batches may be used to create extracts. After processing, the extract must pass all quality assurance tests required in this section before it may be sold. | WAC | Should | No | N/A | 314-55-102 | ||||||||||||||||||||
92 | Quality Assurance Sampling Protocols | (b) Retesting. At the request of the producer or processor, the WSLCB may authorize a retest to validate a failed test result on a case-by-case basis. All costs of the retest will be borne by the producer or the processor requesting the retest. Potency retesting will generally not be authorized. | WAC | Should | Yes | T2.0 | 314-55-102 | ||||||||||||||||||||
93 | Quality Assurance Sampling Protocols | (c) Remediation. Producers and processors may remediate failed harvests, lots, or batches so long as the remediation method does not impart any toxic or deleterious substance to the usable marijuana, marijuana concentrates, or marijuana-infused product. Remediation solvents or methods used on the marijuana product must be disclosed to a licensed processor the producer or producer/processor transfers the products to; a licensed retailer carrying marijuana products derived from the remediated harvest, lot, or batch; or consumer upon request. The entire harvest, lot, or batch the failed sample(s) were deducted from must be remediated using the same remediation technique. No remediated harvest, lots or batches may be sold or transported until the completion and successful passage of quality assurance testing as required in this section. | WAC | Should | Yes | T2.0 | 314-55-102 | CHANGE proposed: remove restrictions on transportation of product in intermediate stages that have not passed quality assurance testing. | |||||||||||||||||||
94 | Quality Assurance Sampling Protocols | (7) Upon the request of the WSLCB or its designee, a licensee or a certified lab must provide an employee of the WSLCB or their designee samples of marijuana or marijuana products or samples of the growing medium, soil amendments, fertilizers, crop production aids, pesticides, or water for random compliance checks. Samples may be screened for pesticides and chemical residues, unsafe levels of heavy metals, and used for other quality assurance tests deemed necessary by the WSLCB. | WAC | Should | No | 314-55-102 | |||||||||||||||||||||
95 | Quality Assurance | Good laboratory practice checklist. A third-party testing lab must be certified by the WSLCB or its vendor as meeting the WSLCB's accreditation and other requirements prior to conducting required quality assurance tests. The following checklist will be used by the WSLCB or its vendor to certify third-party testing labs: | WAC | Should | Yes | T2.0 | 314-55-103 | Change Proposed: Review and cleanup of the checklist for any changes that are approved. Currently recommend changing references to "traceability" to "per reporting requirements in 314-55-08X" | |||||||||||||||||||
96 | Quality Assurance Reporting | Reporting of data: Certificates of analysis (CA) - Clear and standardized format for consumer reporting. | WAC | Should | No | N/A | 314-55-103 | ||||||||||||||||||||
97 | Quality Assurance Reportgin | d. Each test report shall include at least the following information, unless the laboratory has valid reasons for not doing so: i) A title (e.g., "Test Report" or "Certificate of Analysis");ii) The name and address of the laboratory, and the location where the tests were carried out, if different from the address of the laboratory; iii)Unique identification of the test report certificate (such as the serial number), and on each page an identification in order to ensure that the page is recognized as a part of the test report or calibration certificate, and a clear identification of the end of the test report or calibration certificate; iv) The name and address of the customer; v) Identification of the method used; vi) A description of, the condition of, and unambiguous identification of the item(s) tested; vii) The date of receipt of the test item(s) where this is critical to the validity and application of the results, and the date(s) of performance of the test or calibration; viii) Reference to the sampling plan and procedures used by the laboratory or other bodies where these are relevant to the validity or application of the results; ix) The test results with, where appropriate, the units of measurement; x) The name(s), function(s) and signature(s) or equivalent identification of person(s) authorizing the test report or certificate; and xi) Where relevant, a statement to the effect that the results relate only to the items tested or calibrated. | WAC | Should | No | N/A | 314-55-103 | ||||||||||||||||||||
98 | Quality Assurance Sampling Protocols | (4) Except as otherwise provided in this section, licensed marijuana producer or processor that provided a sample that fails quality assurance testing must dispose of the entire lot or batch from which the sample was taken as provided by marijuana waste disposal requirements in WAC 314-55-097 and document the disposal of the sample pursuant to traceability requirements in WAC 314-55-083(4) and recordkeeping requirements in WAC 314-55-087. A licensee's sample that does not test above the pesticide action levels under this section where test results show the presence of a pesticide that is not allowed under subsection (1) of this section may still be subject to an administrative violation if the disallowed pesticide was applied. | WAC | Should | Admin | Mueller | 314-55-108 | CHANGE proposed: replace traceability reference | |||||||||||||||||||
99 | Retail | Retailer can transfer product to another entity operated by the licensee. | WAC | Should | No | 314-55-079 | |||||||||||||||||||||
100 | Tax Reporting | (1) Marijuana retailer licensees must submit monthly report(s) and payments to the WSLCB. The required monthly reports must be: | WAC | Should | No | N/A | 314-55-089 |