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Proposed Rules 9-4-13

Proposed Rules 9-4-13

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Published by heidigroover
WSLCB proposed marijuana rules, 9/4/13
WSLCB proposed marijuana rules, 9/4/13

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Published by: heidigroover on Sep 04, 2013
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Chapter 314-55 WAC MARIJUANA LICENSES, APPLICATION PROCESS, REQUIREMENTS, AND REPORTING
NEWSECTION
 WAC 314-55-005 What is the purpose of this chapter?
The purposeof this chapter is to outline the application process, qualificationsand requirements to obtain and maintain a marijuana license and thereporting requirements for a marijuana licensee.NEWSECTION
 WAC 314-55-010 Definitions.
Following are definitions for thepurpose of this chapter. Other definitions are in RCW69.50.101.(1) "Applicant" or "marijuana license applicant" means any personor business entity who is considered by the board as a true party ointerest in a marijuana license, as outlined in WAC 314-55-035.(2) "Batch" means a quantity of marijuana-infused product con-taining material fromone or more lots of marijuana.(3) "Business name" or "trade name" means the name of a licensedbusiness as used by the licensee on signs and advertising.(4) "Child care center" means an entity that regularly provideschild day care and early learning services for a group of children forperiods of less than twenty-four hours licensed by the Washingtonstate department of early learning under chapter 170-295 WAC.(5) "Elementary school" means a school for early education thatprovides the first four to eight years of basic education and recog-nized by the Washington state superintendent of public instruction.(6) "Financier" means any person or entity, other than a bankinginstitution, that has made or will make an investment in the licensedbusiness. A financier can be a person or entity that provides money asa gift, loans money to the applicant/business and expects to be paidback the amount of the loan with or without interest, or expects anypercentage of the profits fromthe business in exchange for a loan orexpertise.(7) "Game arcade" means an entertainment venue featuring primari-ly video games, simulators, and/or other amusement devices where per-sons under twenty-one years of age are not restricted.(8) "Library" means an organized collection of resources made ac-cessible to the public for reference or borrowing supported with moneyderived fromtaxation.(9) "Licensee" or "marijuana licensee" means any person or entitythat holds a marijuana license, or any person or entity who is a trueparty of interest in a marijuana license, as outlined in WAC314-55-035.(10) "Lot" means either of the following:(a) The flowers fromone or more marijuana plants of the samestrain. A single lot of flowers cannot weigh more than five pounds; or[ 1 ]OTS-5501.3
 
(b) The trim, leaves, or other plant matter fromone or more mar-ijuana plants. A single lot of trim, leaves, or other plant mattercannot weigh more than fifteen pounds.(11) "Marijuana strain" means a pure breed or hybrid variety oCannabis reflecting similar or identical combinations of propertiessuch as appearance, taste, color, smell, cannabinoid profile, and po-tency.(12) "Member" means a principal or governing person of a givenentity, including but not limited to: LLC member/manager, president,vice-president, secretary, treasurer, CEO, director, stockholder,partner, general partner, limited partner. This includes all spousesof all principals or governing persons named in this definition andreferenced in WAC 314-55-035.(13) "Pesticide" means, but is not limited to: (a) Any substanceor mixture of substances intended to prevent, destroy, control, repel,or mitigate any insect, rodent, snail, slug, fungus, weed, and anyother formof plant or animal life or virus, except virus on or in aliving person or other animal which is normally considered to be apest; (b) any substance or mixture of substances intended to be usedas a plant regulator, defoliant, or desiccant; and (c) any spray adju-vant. Pesticides include substances commonly referred to as herbi-cides, fungicides, and insecticides.(14) "Perimeter" means a property line that encloses an area.(15) "Plant canopy" means the square footage dedicated to liveplant production, such as maintain mother plants, propagating plantsfromseed to plant tissue, clones, vegetative or flowering area. Plantcanopy does not include areas such as space used for the storage of fertilizers, pesticides, or other products, quarantine, office space,etc.(16) "Playground" means a public outdoor recreation area forchildren, usually equipped with swings, slides, and other playgroundequipment, owned and/or managed by a city, county, state, or federalgovernment.(17) "Public park" means an area of land for the enjoyment of thepublic, having facilities for rest and/or recreation, such as a base-ball diamond or basketball court, owned and/or managed by a city,county, state, federal government, or metropolitan park district. Pub-lic park does not include trails.(18) "Public transit center" means a facility located outside othe public right of way that is owned and managed by a transit agencyor city, county, state, or federal government for the express purposeof staging people and vehicles where several bus or other transitroutes converge. They serve as efficient hubs to allow bus riders fromvarious locations to assemble at a central point to take advantage oexpress trips or other route to route transfers.(19) "Recreation center or facility" means a supervised centerthat provides a broad range of activities and events intended primari-ly for use by persons under twenty-one years of age, owned and/or man-aged by a charitable nonprofit organization, city, county, state, orfederal government.(20) "Residence" means a person's address where he or she physi-cally resides and maintains his or her abode.(21) "Secondary school" means a high and/or middle school: Aschool for students who have completed their primary education, usual-ly attended by children in grades seven to twelve and recognized bythe Washington state superintendent of public instruction.[ 2 ]OTS-5501.3
 
(22) "Unit" means an individually packaged marijuana-infused sol-id or liquid product meant to be eaten or swallowed, not to exceed tenservings or one hundred milligrams of active tetrahydrocannabinol(THC), or Delta 9.NEWSECTION
 WAC 314-55-015 General information about marijuana licenses.
(1)A person or entity must meet certain qualifications to receive a mari- juana license, which are continuing qualifications in order to main-tain the license.(2) All applicants and employees working in each licensed estab-lishment must be at least twenty-one years of age.(3) Minors restricted signs must be posted at all marijuana li-censed premises.(4) A marijuana license applicant may not exercise any of theprivileges of a marijuana license until the board approves the licenseapplication.(5) The board will not approve any marijuana license for a loca-tion where law enforcement access, without notice or cause, is limi-ted. This includes a personal residence.(6) The board will not approve any marijuana license for a loca-tion on federal lands.(7) The board will not approve any marijuana retailer license fora location within another business. More than one license could be lo-cated in the same building if each licensee has their own area separa-ted by full walls with their own entrance. Product may not be commin-gled.(8) Every marijuana licensee must post and keep posted its li-cense, or licenses, and any additional correspondence containing con-ditions and restrictions imposed by the board in a conspicuous placeon the premises.(9) In approving a marijuana license, the board reserves theright to impose special conditions as to the involvement in the opera-tions of the licensed business of any former licensees, their formeremployees, or any person who does not qualify for a marijuana license.(10) A marijuana processor or retailer licensed by the boardshall conduct the processing, storage, and sale of marijuana-infusedproducts using sanitary practices and ensure facilities are construc-ted, kept, and maintained in a clean and sanitary condition in accord-ance with rules and as prescribed by the Washington state departmentof agriculture under chapters 16-165 and 16-167 WAC.(11) Marijuana licensees may not allow the consumption of mari- juana or marijuana-infused products on the licensed premises.NEWSECTION
 WAC 314-55-020 Marijuana license qualifications and application process.
Each marijuana license application is unique and investigatedindividually. The board may inquire and request documents regardingall matters in connection with the marijuana license application. The[ 3 ]OTS-5501.3

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