In November 2021, LCB communicated the Enforcement and Education Division’s protocol related to cannabis canopy enforcement. The protocol was designed to ensure consistent application of cannabis canopy rules described in WAC 314-55-075.

In August 2022, based on stakeholder concern about the protocol, LCB paused canopy enforcement prioritization, and opened rulemaking to explore whether revisions were needed to WAC 314-55-075. To better understand stakeholder perspective and inform potential rule development, the agency hosted two inclusive and interactive engagement opportunities in October and November 2022.

During the sessions, licensees, industry representatives and members of the public gathered to share thinking around potential rule revisions. Themes emerged that included policy options exceeding the scope of rulemaking, such as deconstruction of the tier system and engaging in individual plant counts, to a weight-based system. However, most participants were interested in consistent application of WAC 314-55-075 in practice rather than rule revision.

To support regulatory stability, the LCB Enforcement and Education Division and Director’s Office are working together to draft an interpretive statement designed to support consistent application of WAC 314-55-075 that supports the Enforcement and Education division’s cannabis canopy protocol. The agency anticipates withdrawing rulemaking related to WAC 314-55-075 during the Board’s regularly scheduled meeting on March 15. An interpretive statement will be issued and filed with the Reviser’s Office on or about April 7, 2023. Prioritization of canopy rule enforcement will resume at that time.

Please watch for updates and educational opportunities in the coming weeks. Thank you.