Washington State Liquor Control Board’s adoption of revisions to marijuana rules

The Administrative Procedure Act (RCW 34.05.325(6)) requires agencies to complete a concise explanatory statement before filing adopted rules with the Office of the Code Reviser. This statement must be provided to anyone who gave comment about the proposed rule making.

The Administrative Procedure Act (RCW 34.05.325(6)) requires agencies to complete a concise explanatory statement before filing adopted rules with the Office of the Code Reviser. This statement must be provided to anyone who gave comment about the proposed rule making.

Once persons who gave comment during this rule making have had a chance to receive this document, the Liquor Control Board will file the amended rules with the Office of the Code Reviser. These rule changes will become effective 31 days after filing (approximately May 31, 2014).

The Liquor Control Board appreciates your involvement in this rule making process. If you have any questions, please contact our Rules Coordinator at rules@liq.wa.gov.

What are the agency’s reasons for adopting this rule?

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Revisions to current marijuana rules are needed to provide additional clarity for marijuana license applicants and potential licensees.  Staff have received many questions from applicants on some the marijuana rules. Additional clarity in the rules will assist our applicants in better understanding the rules.

Summary of all public comments received on this rule proposal.

No comments were received at the public hearing held on April 23, 2014, in the Board Room in Olympia, WA. Three comments were received via email:

Marla Molly Poiset – ChefMoMoCo – Oppose the prohibition on marijuana infused products that require refrigeration or freezing.

LCB response: The board received information from the Department of Health that marijuana infused products requiring refrigeration or freezing may be potential hazardous and create a public safety risk.

Open letter to the board with 11 signatures – Oppose the prohibition on marijuana infused products that require refrigeration or freezing.

LCB response: The board received information from the Department of Health that marijuana infused products requiring refrigeration or freezing may be potential hazardous and create a public safety risk.

Timothy McCormack – Antoine Creek Farms – Opposes the removal of WAC 314-55-084 (1). The revisions only allow pesticides and fertilizers registered directly with the WSDA.

LCB response: Removing 314-55-084(1) does not impact the pesticides and fertilizers registered by WSDA under chapter 15.58 RCW.  The proposed revised rule is still consistent with the WSDA criteria for pesticides and fertilizers used for the production of marijuana in Washington (AGR PUB 701-398).