Notification of Rulemaking Activity
The Washington State Dept. of Agriculture (WSDA) has initiated expedited rulemaking to establish chapter 16-310 of the Washington Administrative Code (WAC), Accreditation of Cannabis Laboratories, by filing a CR-105 with the Office of the Code Reviser on April 17, 2024.
Overview of Rulemaking
The purpose of this rule is to ensure that laboratory standards described in chapter 16-309 WAC are followed when testing cannabis and cannabis products in Washington State.
Under the 2019 House Bill 2052, the Department of Ecology was to take over the accreditation of cannabis laboratories, and began creating a fee-based program to audit and accredit the laboratories. In the process of writing the cannabis laboratory standards in chapter 16-309 WAC, the Department identified an opportunity to save costs to laboratories and streamline the hiring and work process related to laboratory standards and accreditation by taking on the task of laboratory audits and accreditation. The Department wrote an agency request bill replacing the Department of Ecology with the Department of Agriculture as the accrediting agency and requesting continuous funding and expedited rulemaking authority to do this work. The bill, Second Substitute House Bill (SSHB) 2151, passed in 2024 and was signed by the governor. The bill authorized the creation of a new rule chapter to implement auditing and accrediting laboratories by the Department’s Cannabis Lab Accreditation Standards Program. The bill also changes some components of the audit program, as audit fees will remain at a similar level to their current state. Laboratories will no longer be accredited by a third-party consultant and will instead be audited and accredited by a team at WSDA.
The Department has a statutory obligation to write rules that establish a cannabis laboratory accreditation program by July 1, 2024, and an obligation to audit and accredit the labs under the authority of RCW 69.50.348.
Documents Related to Rulemaking
The CR-105 and proposed rule language can be found on our website. We will send you additional information as we progress through the rule making process.
Use of Expedited Rulemaking Process
This rule was proposed under an expedited rulemaking process that eliminates the need for the department to hold public hearings, prepare a Small Business Economic Impact Statement, or provide responses to the criteria for a significant legislative rule. If you object to this use of the expedited rule making process, you must express your objections in writing.
Submitting Written Objections
Written objections must be submitted using one of the following methods:
By mail to:
Gloriann Robinson, Agency Rules Coordinator
Washington State Dept. of Agriculture
PO Box 42560
Olympia, WA 98504-2560
By email to:
WSDARulesComments@agr.wa.gov
The deadline for submitting written comments is 5:00 PM, June 17, 2024.
Agency Personnel Responsible for Proposed Rule
Please contact Trecia Ehrlich to discuss implementation and enforcement of the proposed rule.
By mail:
Trecia Ehrlich, Cannabis Program Manager
Agricultural & Environmental Services Division
Washington State Dept. of Agriculture
PO Box 42560
Olympia, WA 98504-2560
By phone: (360) 584-3711
By email: Trecia.Ehrlich@agr.wa.gov
For more information regarding WSDA’s rule making activities, please contact:
Gloriann Robinson, WSDA Agency Rules Coordinator
wsdarulescomments@agr.wa.gov
PO Box 42560,
Olympia, WA 98504
(360) 902-1802
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