Washington State Liquor and Cannabis Board Action

Yesterday, during a regularly scheduled meeting, the Washington State Liquor and Cannabis Board took the following actions on the following Board Interim Policies (BIP):

Rescinded Board Interim Policy 02-2016 concerning Unified Business Identifier (UBI) number Labeling on Marijuana Products.

Rules to implement this policy requiring the UBI of marijuana producers and processors packaging and labeling of marijuana products went into effect on January 1, 2019. As a result, this BIP is no longer necessary.

Rescinded Board Interim Policy 01-2017 concerning Sales of Immature Plants/Clones and Seeds

Rules to implement this policy to allow members of a registered cooperative, qualifying patients and designated providers to purchase immature marijuana plants or clones and/or seeds directly from licensed producers went into effect on December 1, 2018 As a result, this BIP is no longer necessary.

Rescinded Board Interim Policy 01-2018 concerning Food Service Requirements for Spirits, Beer and Wine Restaurant licenses.

Rules to implement this policy that expanded the definition of “complete meal” to provide that side dishes could be served with an entrée, but were not required, and expanded the definition of “entrée” to reflect greater cultural diversity of food offerings in licensed spirits, beer, and wine restaurants went into effect on July 14, 2018. As a result, this BIP is no longer necessary.  

Rescinded Board Interim Policy 15-2019 concerning the Return of Flavored Marijuana Vapor Products by Retailers to Processors in Exchange for Credit.

On October 10, 2019, State Board of Health (SBOH) emergency rules became effective that prohibited the sale of flavored vapor products by persons licensed by LCB, consistent with the directives of Executive Order 19-03 (Addressing the Vaping Use Public Health Crisis). This prohibition created a financial liability for many marijuana licensees because existing LCB rule does not allow retailers to return prohibited products in exchange for credit to be used for future purchases of allowed products. BIP 15-2019 temporarily allowed LCB licensed marijuana retailers to return flavored marijuana concentrates for inhalation and flavored marijuana extracts for inhalation to licensed marijuana processors for credit against future purchases of marijuana products. The SBOH did not renew its prohibition on the sale of flavored vapor products, and the BIP 15-2019 expired on December 31, 2019. As a result, BIP 15-2019 is no longer necessary.

Rescinded Board Interim Policy 17-2019 concerning Implementation of WAC 314-55- 105 Regarding Marijuana Packaging and Labeling Rules, and WAC 314-55-077(8) and (9)

On December 18, 2019, the Board adopted a substantial restructure and multiple revisions to WAC 314-55-105 concerning the packaging and labeling of marijuana products. BIP 17-2019 addressed and described year-long “phase in” and “sell down” periods to comply with the new rules, intended to assist licensees with implementation flexibility and cost mitigation. The policy was designed to expire on January 1, 2021. The agency has not received any requests to extend this policy. As a result, BIP 17-2019 is no longer necessary.  

Questions?

Contact Kathy Hoffman, Policy and Rules Manager at katherine.hoffman@lcb.wa.gov