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Published on Friday, May 17, 2013

Washington Liquor Control Board releases draft proposal of rules for I–502

The Liquor Control Board this week released a document outlining proposed rules for the implementation of I-502. These are draft rules that reflect the LCB’s vision for developing the tightly regulated and controlled market for marijuana. The Tacoma News Tribune discusses some of the rules in their article found here.

Here are some highlights of the proposed rules:

Licensing

  • Many of the rules outline definitions of terms, fee and licensing structures already outlined in the law.
  • Many of these rules mirror those established for liquor licensing.
  • For local jurisdictions to object to these locations is similar to that of liquor establishments. Local authorities will have 20 days to respond to the LCB regarding the approval of a license in their community.
  • An applicant must reside in the state of Washington for at least three months prior to the application being submitted.
  • A landlord leasing a premises must sign an affidavit acknowledging that there will be a marijuana-related business operating at that location.
  • Each level (producer, processor and retailer) will be initially limited to 30 days to submit an application for a license. After that, the LCB will not consider any more until the market deems necessary or the application period is reopened by the LCB.
  • There is currently no specific limit on the number of licenses in which the LCB will issue.

Background checks

  • An extensive criminal and financial background check will be conducted on the applicants.
  • LCB established some exceptions to the criminal history check and will allow for some misdemeanor convictions related to possession of marijuana in the last three years.
  • A person may be denied a marijuana license if they have previously been denied a liquor license or had a liquor license suspended or revoked in this or any other state.
  • The rules require proof of insurance for general.

Growing, transporting and operating

  • The rules further outline transportation requirements: all packages or containers must be sealed and transported by a licensee or an employee of the licensee;
  • Marijuana would only be allowed to be grown indoors in a greenhouse type environment that is secure.
  • Retailers must have cameras on every point of sale and on each exit and entrance into the building.
  • Every employee of these licensed businesses must be 21 years or older.
  • Further rules related to the maximum amount of milligrams that can be in a single serving of a marijuana infused product.

Again, these are draft rules. The LCB plans to discuss these rules with stakeholders and is asking for public comment to be sent to them no later than June 10, 2013. The best way to provide this input is via email at rules@liq.wa.gov. AWC will continue to review the proposal and provide more information to our members.

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