Washington Regulators Ban Certain Colors and Shapes on Marijuana Packaging

Washington Regulators Ban Certain Colors and Shapes on Marijuana Packaging

In a move straight out of the 1984 classic “Repo Man,” Washington regulators are making marijuana edibles really, really boring. Earlier this year, we wrote about the Washington State Liquor and Cannabis Board’s (WSLCB) decision to effectively ban marijuana-infused candy. The industry pushed back and the WSLCB reevaluated its stance. December 12, the WSLCB issued a new interim policy to “further clarify the procedures and processes for packaging,...

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Washington Marijuana Beverages Can’t Be Too Enticing for Children… or Adults?

Washington Marijuana Beverages Can’t Be Too Enticing for Children… or Adults?

What’s a Washington beverage processor to do? The Washington State Liquor and Cannabis Board (WSLCB) is creating a real niche in the beverage product design industry through some of its most recent policy pronouncements. As has always been the case, edible (and drinkable) marijuana products are regulated so that they are not appealing to children. There are a host of old and new policies and rules that focus on avoiding marketing marijuana to kids, some of which are...

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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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