Revised Code of Washington
Chapter 69.50 - Uniform Controlled Substances Act.
69.50.342 - State liquor and cannabis board—Rules.

RCW 69.50.342
State liquor and cannabis board—Rules.

(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:
(a) The equipment and management of retail outlets and premises where cannabis is produced or processed, and inspection of the retail outlets and premises where cannabis is produced or processed;
(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;
(c) Methods of producing, processing, and packaging cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products; conditions of sanitation; safe handling requirements; approved pesticides and pesticide testing requirements; and standards of ingredients, quality, and identity of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products produced, processed, packaged, or sold by licensees;
(d) Security requirements for retail outlets and premises where cannabis is produced or processed, and safety protocols for licensees and their employees;
(e) Screening, hiring, training, and supervising employees of licensees;
(f) Retail outlet locations and hours of operation;
(g) Labeling requirements and restrictions on advertisement of cannabis, useable cannabis, cannabis concentrates, cannabis health and beauty aids, and cannabis-infused products for sale in retail outlets;
(h) Forms to be used for purposes of this chapter and chapter 69.51A RCW or the rules adopted to implement and enforce these chapters, the terms and conditions to be contained in licenses issued under this chapter and chapter 69.51A RCW, and the qualifications for receiving a license issued under this chapter and chapter 69.51A RCW, including a criminal history record information check. The board may submit any criminal history record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the forms. The board must require fingerprinting of any applicant whose criminal history record information check is submitted to the federal bureau of investigation;
(i) Application, reinstatement, and renewal fees for licenses issued under this chapter and chapter 69.51A RCW, and fees for anything done or permitted to be done under the rules adopted to implement and enforce this chapter and chapter 69.51A RCW;
(j) The manner of giving and serving notices required by this chapter and chapter 69.51A RCW or rules adopted to implement or enforce these chapters;
(k) Times and periods when, and the manner, methods, and means by which, licensees transport and deliver cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products within the state;
(l) Identification, seizure, confiscation, destruction, or donation to law enforcement for training purposes of all cannabis, cannabis concentrates, useable cannabis, and cannabis-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;
(m) The prohibition of any type of device used in conjunction with a cannabis vapor product and the prohibition of the use of any type of additive, solvent, ingredient, or compound in the production and processing of cannabis products, including cannabis vapor products, when the board determines, following consultation with the department of health or any other authority the board deems appropriate, that the device, additive, solvent, ingredient, or compound may pose a risk to public health or youth access; and
(n) Requirements for processors to submit under oath to the department of health a complete list of all constituent substances and the amount and sources thereof in each cannabis vapor product, including all additives, thickening agents, preservatives, compounds, and any other substance used in the production and processing of each cannabis vapor product.
(2) Rules adopted on retail outlets holding medical cannabis endorsements must be adopted in coordination and consultation with the department.
(3) The board must adopt rules to perfect and expand existing programs for compliance education for licensed cannabis businesses and their employees. The rules must include a voluntary compliance program created in consultation with licensed cannabis businesses and their employees. The voluntary compliance program must include recommendations on abating violations of this chapter and rules adopted under this chapter.

[ 2022 c 16 § 63; 2020 c 133 § 3; 2019 c 394 § 4; 2015 2nd sp.s. c 4 § 1601; 2015 c 70 § 7; 2013 c 3 § 9 (Initiative Measure No. 502, approved November 6, 2012).]
NOTES:

Intent—Finding—2022 c 16: See note following RCW 69.50.101.


Findings—2020 c 133: "The legislature finds that recent reports of lung illnesses associated with vapor products demand serious attention by the state in the interest of protecting public health and preventing youth access. While state law grants the liquor and cannabis board broad authority to regulate vapor products containing marijuana [cannabis], the legislature finds that risks to public health and youth access can be mitigated by clarifying that the board is granted specific authority to prohibit the use of any additive, solvent, ingredient, or compound in marijuana [cannabis] vapor product production and processing and to prohibit any device used in conjunction with a marijuana [cannabis] vapor product." [ 2020 c 133 § 1.]


Effective date—2020 c 133: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 25, 2020]." [ 2020 c 133 § 5.]


Findings—2019 c 394: See note following RCW 69.50.563.


Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.


Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.


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

Structure Revised Code of Washington

Revised Code of Washington

Title 69 - Food, Drugs, Cosmetics, and Poisons

Chapter 69.50 - Uniform Controlled Substances Act.

69.50.101 - Definitions.

69.50.102 - Drug paraphernalia—Definitions.

69.50.201 - Enforcement of chapter—Authority to change schedules of controlled substances.

69.50.202 - Nomenclature.

69.50.203 - Schedule I tests.

69.50.204 - Schedule I.

69.50.205 - Schedule II tests.

69.50.206 - Schedule II.

69.50.207 - Schedule III tests.

69.50.208 - Schedule III.

69.50.209 - Schedule IV tests.

69.50.210 - Schedule IV.

69.50.211 - Schedule V tests.

69.50.212 - Schedule V.

69.50.213 - Republishing of schedules.

69.50.214 - Controlled substance analog.

69.50.301 - Rules—Fees.

69.50.302 - Registration requirements.

69.50.303 - Registration.

69.50.304 - Revocation and suspension of registration—Seizure or placement under seal of controlled substances.

69.50.305 - Procedure for denial, suspension, or revocation of registration.

69.50.306 - Records of registrants.

69.50.308 - Prescriptions.

69.50.309 - Containers.

69.50.310 - Sodium pentobarbital—Registration of humane societies and animal control agencies for use in animal control.

69.50.311 - Triplicate prescription form program—Compliance by health care practitioners.

69.50.312 - Electronic communication of prescription information—Exceptions—Waiver—Penalty—Commission may adopt rules.

69.50.315 - Medical assistance—Drug-related overdose—Prosecution for possession.

69.50.317 - Opioid drugs—Communication with patient.

69.50.320 - Registration of department of fish and wildlife for use in chemical capture programs—Rules.

69.50.325 - Cannabis producer's license, cannabis processor's license, cannabis retailer's license.

69.50.326 - Cannabis producers, processors—Use of additives to enhance CBD concentration of authorized products—Rules.

69.50.327 - Cannabis processors—Incorporation of characterizing flavor in vapor products.

69.50.328 - Cannabis producers, processors—No direct or indirect financial interest in licensed cannabis retailers.

69.50.331 - Application for license.

69.50.334 - Denial of application—Opportunity for hearing.

69.50.335 - Cannabis retailer licenses—Social equity applicants—Rules—Definitions.

69.50.336 - Social equity in cannabis task force.

69.50.339 - Transfer of license to produce, process, or sell cannabis—Reporting of proposed sales of outstanding or issued stock of a corporation.

69.50.342 - State liquor and cannabis board—Rules.

69.50.345 - State liquor and cannabis board—Rules—Procedures and criteria.

69.50.346 - Labels on retail products.

69.50.348 - Representative samples of cannabis, useable cannabis, or cannabis-infused products.

69.50.351 - Board members and employees—Conflict of interest.

69.50.354 - Retail outlet licenses.

69.50.357 - Retail outlets—Rules.

69.50.360 - Cannabis retailers, employees of retail outlets—Certain acts not criminal or civil offenses.

69.50.363 - Cannabis processors, employees—Certain acts not criminal or civil offenses.

69.50.366 - Cannabis producers, employees—Certain acts not criminal or civil offenses.

69.50.369 - Cannabis producers, processors, researchers, retailers—Advertisements—Rules—Penalty.

69.50.372 - Cannabis research license.

69.50.375 - Cannabis retailers—Medical cannabis endorsement.

69.50.378 - Cannabis retailer holding medical cannabis endorsement—THC concentration in products.

69.50.380 - Cannabis producers, processors, retailers prohibited from making certain sales of cannabis, cannabis products.

69.50.382 - Common carriers—Transportation or delivery of cannabis, useable cannabis, cannabis concentrates, immature plants or clones, cannabis seeds, and cannabis-infused products—Employees prohibited from carrying or using firearm during such serv...

69.50.385 - Common carriers—Licensing—State liquor and cannabis board to adopt rules.

69.50.390 - Licensed retailers prohibited from operating vending machines, drive-through purchase facilities for the sale of cannabis products.

69.50.395 - Licensed cannabis businesses, agreements—Disclosure to state liquor and cannabis board.

69.50.401 - Prohibited acts: A—Penalties.

69.50.4011 - Counterfeit substances—Penalties.

69.50.4012 - Delivery of substance in lieu of controlled substance—Penalty.

69.50.4013 - Possession of controlled substance—Penalty—Possession of useable cannabis, cannabis concentrates, or cannabis-infused products—Delivery.

69.50.4014 - Possession of forty grams or less of cannabis—Penalty.

69.50.4015 - Involving a person under eighteen in unlawful controlled substance transaction—Penalty.

69.50.4016 - Provisions not applicable to offenses under RCW 69.50.410.

69.50.402 - Prohibited acts: B—Penalties.

69.50.403 - Prohibited acts: C—Penalties.

69.50.404 - Penalties under other laws.

69.50.405 - Bar to prosecution.

69.50.406 - Distribution to persons under age eighteen.

69.50.407 - Conspiracy.

69.50.408 - Second or subsequent offenses.

69.50.410 - Prohibited acts: D—Penalties.

69.50.412 - Prohibited acts: E—Penalties.

69.50.4121 - Drug paraphernalia—Selling or giving—Penalty.

69.50.413 - Health care practitioners—Suspension of license for violation of chapter.

69.50.414 - Sale or transfer of controlled substance to minor—Cause of action by parent—Damages.

69.50.415 - Controlled substances homicide—Penalty.

69.50.416 - Counterfeit substances prohibited—Penalties.

69.50.420 - Violations—Juvenile driving privileges.

69.50.430 - Additional fine for certain felony violations.

69.50.435 - Violations committed in or on certain public places or facilities—Additional penalty—Defenses—Construction—Definitions.

69.50.438 - Cathinone or methcathinone—Additional fine.

69.50.440 - Possession with intent to manufacture—Penalty.

69.50.445 - Opening package of or consuming cannabis, useable cannabis, cannabis-infused products, or cannabis concentrates in view of general public or public place—Penalty.

69.50.450 - Butane or other explosive gases.

69.50.455 - Synthetic cannabinoids—Unfair or deceptive practice under RCW 19.86.020.

69.50.460 - Cathinone or methcathinone—Unfair or deceptive practice under RCW 19.86.020.

69.50.465 - Conducting or maintaining cannabis club—Penalty.

69.50.470 - Medication disposal, no penalty for compliance.

69.50.475 - Cannabis retail outlets—Sale to persons under the age of twenty-one—Penalty.

69.50.500 - Powers of enforcement personnel.

69.50.501 - Administrative inspections.

69.50.502 - Warrants for administrative inspections.

69.50.503 - Injunctions.

69.50.504 - Cooperative arrangements.

69.50.505 - Seizure and forfeiture.

69.50.506 - Burden of proof; liabilities.

69.50.507 - Judicial review.

69.50.508 - Education and research.

69.50.509 - Search and seizure of controlled substances.

69.50.510 - Search and seizure at rental premises—Notification of landlord.

69.50.511 - Cleanup of hazardous substances at illegal drug manufacturing facility—Rules.

69.50.515 - Pharmacies—Cannabis—Notification and disposal.

69.50.525 - Diversion prevention and control—Report.

69.50.530 - Dedicated cannabis account (as amended by 2022 c 16).

69.50.535 - Cannabis excise tax—State liquor and cannabis board to review tax level—Reports—State and federal antitrust laws.

69.50.540 - Dedicated cannabis account—Appropriations (as amended by 2022 c 16).

69.50.550 - Cost-benefit evaluations.

69.50.555 - Taxes, fees, assessments, charges—Commercial activities covered by cannabis agreement between state and tribe.

69.50.560 - Controlled purchase programs—Persons under age twenty-one—Violation—Criminal penalty—Exceptions.

69.50.561 - Advice and consultation services—Licensed cannabis businesses.

69.50.562 - Licensed cannabis businesses—Written warnings—Waiver of sanctions with no relationship to public safety—Compliance program—Penalties—Rules.

69.50.563 - Licensed cannabis businesses—Civil penalty—Rules.

69.50.564 - Licensed cannabis businesses—Settlement agreement.

69.50.565 - Unpaid trust fund taxes—Limited liability business entities—Liability of responsible individuals—Administrative hearing.

69.50.570 - Bundled transactions—Retail sales—Subject to tax—Exception.

69.50.575 - Cannabis health and beauty aids.

69.50.580 - Applicants for cannabis producer's, processor's, researcher's, or retailer's licenses—Signage—Public notice requirements.

69.50.585 - Branded promotional items—Nominal value—Personal services.

69.50.587 - Cannabis science task force reports—Board rules.

69.50.601 - Pending proceedings.

69.50.602 - Continuation of rules.

69.50.603 - Uniformity of interpretation.

69.50.604 - Short title.

69.50.608 - State preemption.

69.50.700 - Expedited rule making.

69.50.710 - Federal law—"Marijuana" to refer to "cannabis."