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WAC 314-55-515

What are the penalties if a marijuana license holder violates a marijuana law or rule?

(1) The purpose of WAC 314-55-515 through 314-55-540 is to outline what penalty a marijuana licensee can expect if a licensee or employee violates a WSLCB law or rule. (WAC rules listed in the categories provide reference areas, and may not be all inclusive. Any violation not listed in WAC 314-55-515 through 314-55-540 will be assessed following penalty progression of the license type group associated with the class of license.)
(2) Penalties for violations by marijuana licensees or employees are broken down into four categories:
(a) Group OnePublic safety violations, WAC 314-55-520.
(b) Group TwoRegulatory violations, WAC 314-55-525.
(c) Group ThreeLicense violations, WAC 314-55-530.
(d) Group FourNonretail violations involving the manufacture, supply, processing, and/or distribution of marijuana by nonretail licensees and prohibited practices between nonretail licensees and retail licensees, WAC 314-55-535.
(e) Group FiveViolations involving the transportation freight of marijuana, WAC 314-55-537.
(3) For the purposes of chapter 314-55 WAC, a three-year window for violations is measured from the date one violation occurred to the date a subsequent violation occurred.
(4) Penalties for violation committed by marijuana processor only licensees will be assessed following the penalty progression prescribed for tier 2 marijuana producers.
(5) The following schedules are meant to serve as guidelines. Based on mitigating or aggravating circumstances, the WSLCB may impose a different penalty than the standard penalties outlined in these schedules. Based on mitigating circumstances, the WSLCB may offer a monetary option in lieu of suspension, or alternate penalty, during a settlement conference as outlined in WAC 314-55-510(3).
(a) Mitigating
circumstances
(b) Aggravating
circumstances
Mitigating circumstances that may result in fewer days of suspension and/or a lower monetary option may include demonstrated business policies and/or practices that reduce the risk of future violations.
Aggravating circumstances that may result in increased days of suspension, and/or increased monetary option, and/or cancellation of marijuana license may include business operations or behaviors that create an increased risk for a violation and/or intentional commission of a violation.
Examples include:
Examples include:
• Having a signed acknowledgment of the business' responsible handling and sales policies on file for each employee;
• Failing to call 911 for local law enforcement or medical assistance when requested by a customer, WSLCB officer, or when people have sustained injuries.
• Having an employee training plan that includes annual training on marijuana laws.
Engaging in criminal activities, including money laundering, organized crime, fraud, firearms, and diversion of marijuana.
[Statutory Authority: RCW 69.50.342 and 69.50.345. WSR 16-11-110, § 314-55-515, filed 5/18/16, effective 6/18/16; WSR 15-11-107, § 314-55-515, filed 5/20/15, effective 6/20/15. Statutory Authority: RCW 69.50.325, 69.50.331, 69.50.342, 69.50.345. WSR 13-21-104, § 314-55-515, filed 10/21/13, effective 11/21/13.]
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