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Upcoming Action on Quality Assurance Testing and Product Requirements
The Washington State Liquor and Cannabis Board (WSLCB) will soon seek input from cannabis testing labs, as well as our cannabis licensees, on upcoming Quality Assurance Testing and Product Requirements (QA) (View draft conceptual rules here). The LCB first gave notice of its intention to file rules in an Issue Paper (CR 101) brought to the Board in August 2018.
These concepts are based on previous feedback and consistent with revisions staff are considering. Industry members are encouraged to provide feedback in writing or in person at an April 9, 2019 “Listen and Learn” forum at WSLCB headquarters. This Liquor and Cannabis Board-hosted forum is an opportunity for licensees, lab representatives, and others to contribute to draft conceptual rules regarding quality assurance testing for cannabis. Interested parties may also view the forum live via Webcast. It will also be recorded and posted on the WSLCB website for viewing later.
While many industry representatives have been part of the initial discussions around QA revisions, we are still in the beginning stages of rulemaking. QA topics the WSLCB will consider include:
  • Lot and batch sizes;
  • Fields of testing and pass/fail level adjustments;
  • Potency testing requirements;
  • Pesticide testing requirements for all cannabis products;
  • Heavy metals testing requirements;
  • Sample deduction requirements;
  • General testing rule adjustments;
  • Product, THC serving limits, and packaging requirements; and
  • Other related rule changes that may be necessary or advisable.
April 9, 2019 Listen and Learn Forum
We hope that you consider providing your input to us through the channels available. 
Tuesday April 9 from 1:00 – 3:45 p.m. you can attend the Listen and Learn Forum at the WSLCB Headquarters Boardroom, located at 3000 Pacific Avenue in Olympia. View the meeting's Agenda here. If you would prefer to submit written comments, send them to rules@lcb.wa.gov
Webcast for Viewing
Another option is to watch the forum live via webcast. Register to watch here.

Listen and Learn Sticky Note

Public Comment Period on Packaging and Labeling Rules
Recent amendments to packaging and labeling rules removed language from accompanying material attached to a package or given separately to a consumer regarding use of marijuana during pregnancy, warnings about the effects of marijuana, and warnings about operating vehicles or machinery while under the influence of marijuana.
Language regarding use of marijuana during pregnancy was removed entirely, while the language containing warnings about the effects of marijuana and operating vehicles or machinery while under the influence of marijuana was relocated to WAC 314-55-155(6) regarding advertising requirements and promotional items. 
The board proposes to amend and update WAC 314-55-086 by clarifying language for mandatory signage. This will provide rule clarity, and ensure coordinated signage so that consumer messaging regarding the use of marijuana during pregnancy is consistent and clear. 
The WSLCB invites your input on proposed rules for the mandatory signs a marijuana licensee must post on licensed premises. This notice and other relevant rulemaking materials may be viewed at lcb.wa.gov/laws/laws-and-rules under Proposed Rules.
A public hearing will be held on at 10:00 a.m. on April 17, 2019 at WSLCB Headquarters located at 3000 Pacific Avenue in Olympia. You may also send your comments via email to rules@lcb.wa.gov
Upcoming Public Hearing

Meet Public Health Education Liaison Sara Cooley Broschart
The  WSLCB is pleased to announce that Sara Cooley Broschart has begun her new role as the Public Health Education Liaison. In her capacity, Sara will serve as the link between the public health community and the Board with emphasis on education, collaboration, and prevention. 
Coalition Building
Sara will be a perfect fit for this important role. She recently moved to Seattle from Southern California, where she gained ten years of experience as a substance abuse prevention leader at the local, regional, and state levels. She is an expert at partnership building and evidence-based programs and policies.
"I’ve enjoyed working with diverse communities across California to ensure that health and safety of neighborhoods had a place in times of legislative and regulatory change, she said. "I’m very much looking forward to getting to know the communities and landscape in my new state of Washington."
Research and Data
Sara has significant Masters of Public Health coursework in epidemiology and has participated on a number of research teams. She spent five years leading a federally-funded substance abuse coalition, guiding her team to apply data and best practices from the National Registry of Evidence-based Programs and Practices (NREPP).
Sara will be applying her prevention experience and expertise to the important work underway at the Liquor and Cannabis Board (LCB). As Co-Chair of the Washington Healthy Youth Coalition, the LCB is a leader among the broad coalition of public health organizations working to educate the public on prevention issues and influence policy at the local and state level.
 Her first day was April 1, 2019.
Sara Cooley Broschart

Fire Marshal Approval Needed for Extraction
Fire Marshal approval is required any time your extraction method requires the use of a closed-loop system or ethanol.  When processing an application to add these extraction types, your Licensing Specialist will ask for a copy of the Fire Marshal approval.
If you plan to use ethanol in the extraction process, a Class 2 permit from the WSLCB is also required which allows you to purchase ethanol. You can find the application for a Class 2 permit here.  
WSLCB approval is required before you add any new extraction type. To start the process, submit an application to alter your operating plan.  
WSLCB Website
If you have questions about how to apply to make changes to your marijuana license, or other issues related to marijuana licenses, please visit the WSLCB website.   The website contains a wealth of information, including:
  •  Change applications
  • Information about the medical marijuana endorsement
  • Frequently requested lists
  • Links to related state agencies, like the Department of Health
  • Frequently Asked Questions (FAQs) about marijuana advertising, the application process, and license requirements 
  • Information about taxes, testing facility criteria, and recall notices
The WSLCB website is also a great place to learn about the rule making process, current laws and rules, proposed rules, recently adopted rules and Interim policies. 
If you are considering assuming a marijuana license or changing locations, the website is a good place to begin—it helps you to understand what to expect and how to prepare.  
 You may also submit questions through our website, here.

Insurance
All marijuana licensees must obtain and maintain general liability insurance that meets the requirements of WAC 314-55-082 to remain compliant.
The insurance must cover “bodily injury, including disease, illness and death, and property damage arising out of the licensee's premises/operations, products, and personal injury.” This type of coverage is also referred to as “product liability” insurance.

Non-Operational Retailers
The WSLCB Licensing Division continues to monitor retail licenses that are not fully operational and open to the public. To be considered fully operational (as defined in WAC 314-55-055), your business must meet the following criteria for at least twelve consecutive weeks within a twelve-month period:
 Open to the public for a minimum of five hours a day between the hours of 8:00 a.m. and 12:00 midnight, three days a week;
  • Post business hours outside of the premises in the public view; and
  • Report monthly sales from the sale of marijuana products and pay applicable taxes
If you are licensed marijuana retailer and not open to the public, licensing staff will contact you to gather documentation demonstrating why you are unable to open your business. If you have been incapable of opening a fully operational retail marijuana business due to actions by the city, town, or county with jurisdiction over the licensed business, your license may not be subject to forfeiture.

Leaf Data Systems Update
The next software release for Leaf Data Systems is coming soon!
Release 1.37.5 will include a variety of workflow improvements, especially related to waste reporting, inventory type attributes, lab results, inventory transfers, and the ability to adjust previously entered sales data. General improvements will include numeric standardization that will standardize decimal values pertaining to weights and the replacement of drop-down menus with “type-ahead” search fields for batches, inventories and inventory types.  Soon after, Qlik reports will be available soon after. 
In March, the WSLCB revised the schedule for software releases.  Release 1.37.5 is on target to be released June 14, 2019.  Prior to release, licensees will be notified, in plain language, details of each of the changes in 1.37.5. Updated training materials will be made available at the same time. 
Two additional software releases will follow, bringing Leaf Data Systems to full functionality. 
For technical support with Leaf Data Systems:
     Call 888-420-5813
For questions about your license:
     Call 360-664-1600
     Visit lcb.wa.gov
For questions about taxes:
     Call 360-664-1789
     Visit lcb.wa.gov
For Traceability compliance questions:
     Call 360-664-1614


Enforcement Penalty Guideline Revisions Coming Spring/Summer 2019
In October 2018, the Board filed a pre-proposal statement of inquiry (CR 101) to begin the process of revising our penalty structure. With the exception of public safety violations, it is the WSLCB’s intention to transition our enforcement efforts more toward voluntary compliance.  
The shape of those revisions will ultimately become part of proposed rulemaking (CR 102).  Much more to come on what will likely become an important discussion. 
LCB Enforcement Badge
Observations from the Field: Clarification on Infused Product Containing Extracts
Liquor and Cannabis Board enforcement officers have been hearing questions lately from industry members about when an infused product is considered a concentrate. Specifically, whether the product and must follow the laws and rules surrounding the servings and transaction limits. 
If a marijuana product has an extract (anything other than flower) and has a THC concentration of greater than 10 percent it is considered a concentrate [RCW 69.50.010(v)].  As a concentrate, the products are subject to the servings and transaction limits of a concentrate as described in WAC 314-55-095(1)(b) and WAC 314-55-095(2)(c).
The concentrated end products, such as “infused joints,” are required to be tested after production and prior to sale to retail licensees.  This product is homogenized and tested for potency at certified labs. The individual parts of the plant that each make up the product are not separated and tested individually. Instead, the entire product is considered a concentrate.  
 You cannot have a product that separates out each of its parts and classifies each differently.  By adding an extract like oil, kief, wax, or any other material extracted from the marijuana plant to flower, and having that product test with a potency greater than 10% THC, the entire end product is classified as a concentrate.
In summary, products like “infused joints” and other products typically called “infused” by industry members, may not actually be classified as infused products under statute [RCW 69.50.101(ee)].  If the product exceeds 10 percent THC, and consists wholly or in-part of anything extracted from the plant, that product would be considered a concentrate and would therefore follow the servings and transaction limits of concentrates.  In this case, infused joints that exceed 10 percent THC, would be concentrates and could not have a single unit larger than 1 gram.

Promote public safety and trust through fair administration and enforcement of liquor, cannabis, tobacco, and vapor laws.
-WSLCB Mission Statement
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