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69.50.342  <<  69.50.345 >>   69.50.348

RCW 69.50.345

State liquor control board — Rules — Procedures and criteria.

The state liquor control board, subject to the provisions of chapter 3, Laws of 2013, must adopt rules by December 1, 2013, that establish the procedures and criteria necessary to implement the following:

     (1) Licensing of marijuana producers, marijuana processors, and marijuana retailers, including prescribing forms and establishing application, reinstatement, and renewal fees;

     (2) Determining, in consultation with the office of financial management, the maximum number of retail outlets that may be licensed in each county, taking into consideration:

     (a) Population distribution;

     (b) Security and safety issues; and

     (c) The provision of adequate access to licensed sources of useable marijuana and marijuana-infused products to discourage purchases from the illegal market;

     (3) Determining the maximum quantity of marijuana a marijuana producer may have on the premises of a licensed location at any time without violating Washington state law;

     (4) Determining the maximum quantities of marijuana, useable marijuana, and marijuana-infused products a marijuana processor may have on the premises of a licensed location at any time without violating Washington state law;

     (5) Determining the maximum quantities of useable marijuana and marijuana-infused products a marijuana retailer may have on the premises of a retail outlet at any time without violating Washington state law;

     (6) In making the determinations required by subsections (3) through (5) of this section, the state liquor control board shall take into consideration:

     (a) Security and safety issues;

     (b) The provision of adequate access to licensed sources of marijuana, useable marijuana, and marijuana-infused products to discourage purchases from the illegal market; and

     (c) Economies of scale, and their impact on licensees' ability to both comply with regulatory requirements and undercut illegal market prices;

     (7) Determining the nature, form, and capacity of all containers to be used by licensees to contain marijuana, useable marijuana, and marijuana-infused products, and their labeling requirements, to include but not be limited to:

     (a) The business or trade name and Washington state unified business identifier number of the licensees that grew, processed, and sold the marijuana, useable marijuana, or marijuana-infused product;

     (b) Lot numbers of the marijuana, useable marijuana, or marijuana-infused product;

     (c) THC concentration of the marijuana, useable marijuana, or marijuana-infused product;

     (d) Medically and scientifically accurate information about the health and safety risks posed by marijuana use; and

     (e) Language required by RCW 69.04.480;

     (8) In consultation with the department of agriculture, establishing classes of marijuana, useable marijuana, and marijuana-infused products according to grade, condition, cannabinoid profile, THC concentration, or other qualitative measurements deemed appropriate by the state liquor control board;

     (9) Establishing reasonable time, place, and manner restrictions and requirements regarding advertising of marijuana, useable marijuana, and marijuana-infused products that are not inconsistent with the provisions of chapter 3, Laws of 2013, taking into consideration:

     (a) Federal laws relating to marijuana that are applicable within Washington state;

     (b) Minimizing exposure of people under twenty-one years of age to the advertising; and

     (c) The inclusion of medically and scientifically accurate information about the health and safety risks posed by marijuana use in the advertising;

     (10) Specifying and regulating the time and periods when, and the manner, methods, and means by which, licensees shall transport and deliver marijuana, useable marijuana, and marijuana-infused products within the state;

     (11) In consultation with the department and the department of agriculture, establishing accreditation requirements for testing laboratories used by licensees to demonstrate compliance with standards adopted by the state liquor control board, and prescribing methods of producing, processing, and packaging marijuana, useable marijuana, and marijuana-infused products; conditions of sanitation; and standards of ingredients, quality, and identity of marijuana, useable marijuana, and marijuana-infused products produced, processed, packaged, or sold by licensees;

     (12) Specifying procedures for identifying, seizing, confiscating, destroying, and donating to law enforcement for training purposes all marijuana, useable marijuana, and marijuana-infused products produced, processed, packaged, labeled, or offered for sale in this state that do not conform in all respects to the standards prescribed by chapter 3, Laws of 2013 or the rules of the state liquor control board.

[2013 c 3 § 10 (Initiative Measure No. 502, approved November 6, 2012).]

Notes:

     Intent -- 2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.