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Due Wednesday 02/11: Comments on Medical Cannabis Standards Rulemaking (Chapter WAC 246-70)
We greatly appreciate the thoughtful feedback received throughout this rulemaking process. Our programs goal is to develop a ruleset that supports a wide range of industry members while keeping patient safety at the forefront.
We are nearing completion of a draft updating medical cannabis standards, including terminology, product classifications, quality control testing, and labeling/logos. The current draft reflects the feedback we have received, and the discussions held during public workshops over the past two years.
We ask that informal comments on the updated draft are submitted by February 11th, 2026.
Rule draft: WAC 246-70 Medical Cannabis Standards
Key Changes to Note:
We would like to highlight language that has been removed in Section 050 after careful consideration. As a result, you will notice a restructuring of this section:
End-product testing of pre-rolls (including rolling paper) and concentrates (including devices)
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We have reviewed stakeholder feedback and analyzed various sources over the last few months. We determined that the initially proposed end‑product testing approach for heavy metals in pre‑rolls (including rolling paper) and concentrates (including devices) would not provide the desired patient benefit. Concerns have also been raised that the burden of mandating this testing may result in reduced product availability and licensee participation. For these reasons, we will not be moving forward with this requirement. We remain open to identifying a more efficient approach to address heavy metal contaminants.
While some concerns were raised on the following additions, we plan to retain them, as they are expected to benefit patients:
- Lowered action level for benzene based on it being a known carcinogen. See WAC 246-70-050(2)(b) on page 20.
- Lowered action level for bile‑tolerant gram‑negative bacteria per the American Herbal Pharmacopeia, aligning with standards of other states. See WAC 246-70-050(2)(c) on page 21.
- Increased transparency in labeling to include a link or QR code to the Certificate of Analysis (COA). See WAC 246-70-060(3) on page 32.
- The label to include the top three most prominent terpenes, the harvest date for usable cannabis, and the production date for cannabis-infused products and concentrates. See WAC 246-70-060(3) on page 33.
Next Steps
The next step will be preparing for the 102 which will include a public hearing and opens the formal public comment period. You will also be able to provide comments before and during the hearing.
We will send a notice with the hearing date as soon as it is available.
About this Rulemaking
The goal of this rulemaking is to:
- Align quality control standards with recent WA State Liquor and Cannabis Board rule changes.
- Consider updated terminology and requirements for products compliant for medical use, including product categories
- Evaluate quality control testing requirements.
- Consider changes to compliant product labeling and logos.
- Address statutory tax exemptions for recognition cardholders.
- Replace the term "marijuana" with "cannabis" in accordance with Second Substitute House Bill 1210 passed in 2022.
Please let us know if you have questions. Thank you!
Medical Cannabis Program
Washington State Department of Health
medicalcannabis@doh.wa.gov | 360-236-4819 ext. 1 | doh.wa.gov/mcp
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