Certain Cannabis Allowances Extended to April 30, 2022

To: Licensed Cannabis Producers, Processors and Retailers

Fr: Liquor and Cannabis Board

Re: Certain Cannabis Allowances Extended to April 30, 2022

Due to daycare challenges, particularly in eastern Washington, and the dynamic and uncertain nature of the state’s response to COVID variants, the LCB is extending certain allowances until April 30, 2022. 

Minors in Licensed Cannabis Producers/Processors Locations

Applies to: Producers, Processors

Due to the related COVID – 19 impacts, the LCB is temporarily relaxing enforcement of WAC 314-55-015 involving the prohibition of minors being present on premises of licensed cannabis  producers/processors in limited circumstances. This temporary allowance is to accommodate families that have been impacted by school closures and daycare challenges.

Effective immediately the LCB will not enforce the provisions of WAC 314-55-015 for families who have children under the age of 16 on the licensed premises, so long as the following conditions are met:

• The person under 16 years of age is a child or grandchild of the licensee,
• The person under 16 years of age is not engaging in any work or act of employment for the licensed business,
• The person under 16 years of age does not possess any products associated with the production, processing, or sales of marijuana,

This advisement covers only the licensed marijuana facility for producers and processor, and does not include or cover retail locations or transportation vehicles.

Cannabis Curbside Service
Applies to: Retailers

To promote social distancing, the LCB is temporarily expanding curbside sales beyond qualified medical patients to allow sales to all adult customers as long as certain restrictions are in place. This is an option in addition to mandatory measures for retail establishments set forth by Gov. Inslee and the Centers for Disease Control and Prevention.

• Restrictions
  • Drive-thru windows are not allowed
  • IDs must be checked
  • Curbside sales areas must be stationary and physically designated on the leasehold property, preferably as close to the building as possible. Examples of physical designations for curbside service include:
    • Tape or painted parking spots for vehicle parking
    • Cones or signage for vehicle parking
  • Where possible, video cameras should be monitoring and recording the designated sales area
  • Outdoor sales from a tent or kiosk are not allowed
     

Cannabis Retailers Giving Away Hand Sanitizer and Masks
Applies to: Cannabis Retailers

Due to the COVID-19 impacts, requests have been made by licensed cannabis retailers for the ability to sell or give away free hand sanitizer and face masks.

Currently giveaways are not allowable under WAC 314-55-155(4), and sales that are not marijuana or paraphernalia are not allowed under RCW 69.50.357. In efforts to promote community safety during the COVID-19 pandemic, the LCB will not enforce provision of WAC 314-55-155(4) as it relates to giving away hand sanitizer and face masks, and RCW 69.50.357 as it relates to selling hand sanitizer and face masks so long as the following conditions are met:

• The only giveaways are hand sanitizer and face masks for purposes of COVID-19 health compliance;
• The hand sanitizer does not contain THC, CBD, or hemp derived products;
• The hand sanitizer was made with the approved FDA recipe;
• The hand sanitizer container or face masks were not provided to the retailer for free by any licensed cannabis producer, processor, transporter, lab, or other marijuana industry member;
• The hand sanitizer or face masks do not contain any brand advertising of any cannabis, CBD, or hemp product;
• The free hand sanitizer or masks may not be advertised as a giveaway or free promotional item;
• The hand sanitizer or face masks may not be conditional on a sale of other product; and
• Any sales of hand sanitizer or facemasks may not be bundled with other product for purchase.
   

Cannabis Retail Walk-Up Windows
Applies to: Cannabis Retailers

In an effort to continue to support social distancing best practices, the LCB is temporarily suspending enforcement of RCW 69.50.390 as it relates to walk up window sales so long as the licensee is adhering to the following:

• Restrictions:
  • Sale are not conducted via drive-through windows, these remain prohibited;
  • IDs checking standards must still continue;
  • Video cameras coverage remains mandatory for monitoring and recording the designated sales area;
  • Outdoor sales from a tent or kiosk are not allowed;
  • Pass-through windows must already be present; the LCB will not approve any alterations requests or change to operating plans to accommodate this option;

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