Alert: Washington State Liquor and Cannabis Board Action

On November 9, 2022, during its regularly scheduled meeting, the Liquor and Cannabis Board took the following actions on general rules and on the following Board Interim Policies:

General rulemaking action

Final rules adopted – Effective December 11, 2022

The Board adopted final rules (CR 103) updating obsolete addresses found in current rule. Rule amendments update addresses, including physical and email addresses that were no longer accurate.

More information is available on the LCB Recently Adopted Rules webpage.

Board Interim Policy Actions

Rescinded Board Interim Policy 01-2020 regarding alcohol-infused products

On August 18, 2020, agency staff provided discussion points to the Board to determine if the agency’s approach to alcohol-infused products aligned with that of other states. The Board agreed that re-evaluation of the current approach was necessary and tasked the agency Licensing Division to prepare a Board Interim Policy. Under this direction, denials were withdrawn on some of the alcohol-infused frozen products because they were not found to be especially appealing to persons under 21 years-of-age and were designed in a manner to appeal to the adult consumer. The policy initially went into effect on December 22, 2020 and was revised on August 17, 2021. Although it was designed to end on the date rules became effective to implement the policy, the agency has discontinued the use of Board Interim Policies.

The rescinded Board Interim Policy has been replaced by Policy Statement PS 22-02 filed with the Code Reviser on November 9, 2022 as WSR 22-23-055.

Rescinded Board Interim Policy 12-2019 regarding cannabinoid additives

WAC 314-55-109 became effective December 1, 2018. In addition to establishing requirements, restrictions, and quality assurance standards for CBD additives, the rule also requires that test results from CBD products obtained from both inside and outside the licensed system be entered in the state’s existing traceability system. The LEAF Data System was in place at the time the rules were developed and approved. LEAF was capable of tracking CBD products that were produced within the licensed system, but did not have the ability to track CBD products or test results produced outside the licensed system.

On June 12, 2019, the Board approved Board Interim Policy 12-2019 that was designed to temporarily suspend the requirement under WAC 314-55-109 to enter test results from CBD products produced outside the licensed system into the LEAF data system. The policy was intended to be rescinded once the LEAF system was modified to track non-regulated products and test results.

However, in December 2021, LCB discontinued the LEAF data system and replaced it with a reporting solution referred to as the Cannabis Central Reporting System (CCRS). As a simplified and more flexible approach, CCRS was capable of tracking CBD products produced outside the licensed system and associated test results. As a result, BIP 12-2019 is no longer necessary.

 

If you have any questions regarding this announcement, please contact rules@lcb.wa.gov.

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