Washington State Regulates CBD Additives as Used in Marijuana Products

Washington State Regulates CBD Additives as Used in Marijuana Products

Earlier this year, the Washington Legislature passed House Bill 2334 (the “Bill”) into law. The Bill allows licensed marijuana producers and processors to use cannabidiol (CBD) from a source not licensed by the Washington State Liquor and Cannabis Board (LCB). The Bill defines a “CBD product” as “any product containing or consisting of cannabidiol” and would permit the use of CBD products from unlicensed sources so long as the CBD product has a THC level of 0.3...

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Procedural Hurdles for Washington Marijuana Businesses

Procedural Hurdles for Washington Marijuana Businesses

Some LCB policies make hurdles tough to clear. Regulatory challenges can be substantive or procedural. Substantive challenges include things like Washington’s ban on out of state ownership and its view that licensee royalty payment constitute profit-sharing. These types of rules and interpretations are challenging because, as a policy matter, businesses aren’t allowed to pursue certain strategies that they otherwise would. Procedural challenges, on the other hand, are...

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Washington’s Unwritten Cannabis Rules

Washington’s Unwritten Cannabis Rules

Unfortunately, a lot of this stuff is not written anywhere. To successfully work in Washington’s regulatory cannabis industry, you need to understand the overlapping levels of laws and rules that are in the state’s regulatory arsenal. State statutes in RCW 69.50 set forth the boundaries of the regulatory system. State regulations in WAC 314-55 fill in the details of that regulatory system. Then there are official Liquor and Cannabis Board guidance documents, administrative...

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Washington Regulators Ban Cannabis-Infused Candies

Washington Regulators Ban Cannabis-Infused Candies

By April 3, 2019, Washington retail marijuana stores will no longer carry infused hard candies, tarts, fruit chews, jellies, and gummies due to a newly enacted ban on the production said products. The announcement came from the Washington State Liquor and Cannabis Board (“LCB”) during a recent meeting. A PowerPoint presentation from the meeting is available here. The LCB reevaluated its stance on marijuana candies finding that infused candies are...

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The Environmental Impact of Washington’s Marijuana Packaging

The Environmental Impact of Washington’s Marijuana Packaging

If you have purchased marijuana in Washington State, you’ve probably noticed the packaging can be difficult to open and is adorned with warnings, bar codes, and lots of other information that appears in tiny font. This is by design, as the state has created robust regulations intended to protect the public from contaminated cannabis and to limit access by children. Though these regulations are important, one has to ask what impact these packaging requirements have on...

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Is Washington’s Marijuana Business Owner Residency Requirement Constitutional?

Is Washington’s Marijuana Business Owner Residency Requirement Constitutional?

Could definitely be unconstitutional. We think it is worth taking another look at whether Washington’s strict residency requirement is constitutional. Since Washington first licensed marijuana businesses in 2014, we have wondered if anyone would be willing to bear the expenses of that particular challenge. And to date, there are no Washington appellate or federal legal decisions determining the constitutionality of the residency requirement. If there were a challenge,...

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