Procedural Hurdles for Washington Marijuana Businesses
Recreational MarijuanaUncategorized October 23, 2018
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,... Read more
Washington’s Unwritten Cannabis Rules
Recreational MarijuanaUncategorized October 12, 2018
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.... Read more
Washington Regulators Ban Cannabis-Infused Candies
Uncategorized October 5, 2018
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... Read more
The Environmental Impact of Washington’s Marijuana Packaging
Uncategorized September 15, 2018
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... Read more
Is Washington’s Marijuana Business Owner Residency Requirement Constitutional?
Uncategorized September 10, 2018
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... Read more
Washington’s Ever-Shifting Residency Requirement for Marijuana Businesses
Uncategorized September 4, 2018
WSLCB seems to want it both ways on “residency.” Despite lobbying efforts to the contrary, Washington has maintained its strict state residency requirement for Washington cannabis business owners. If a person wants to own 0.001% of a cannabis business, the Washington State Liquor and Cannabis Board (WSLCB) requires that... Read more
Washington Cannabis Employment: Family Medical Leave Act Changes Coming
Uncategorized August 23, 2018
The Washington Family and Medical Leave Act (“WFMLA”) is getting some major changes beginning in 2019. Why does this matter to Washington cannabis businesses? Because all of those businesses, regardless of type or size, will be required to collect and pay premiums under the revised law beginning January 1.... Read more
Coming soon to WSLCB. We recently wrote about the Washington State Liquor and Cannabis Board’s consideration of a marijuana licensee amnesty program for licensees with undisclosed true parties of interest a couple of weeks ago. In that post, though we criticized the WSLCB for not doing more to put marijuana... Read more
Washington State Cannabis Enforcement Officers: Be Careful, Be Very Careful
Uncategorized July 23, 2018
Talking with Washington State cannabis enforcement officers is like playing with fire Many of my firm’s recent Washington State cannabis enforcement cases contain a commonality. During the investigation stage, Washington State Liquor and Cannabis Board (WSLCB) enforcement officers tell licensees that their main goal is to achieve compliance. They... Read more
Washington Cannabis Regulators See Problems, Propose Action That Won’t Solve Said Problems
Uncategorized July 11, 2018
The WSLCB approach is not working so well. The Washington State Liquor and Cannabis Board (WSLCB) may finally be noticing that its current treatment of “true party of interest” violations is neither just nor sustainable. During an extended conversation at its monthly executive management team meeting in June, the... Read more
