Implementing Initiative 502

Recreational Marijuana
Washington State Association of Counties
November 21, 2013
Alan E Rathbun, Director
Licensing and Regulation Division
Lisa Reinke, Captain Region 1
Education and Enforcement Division
Application Window
Producers, Processors, and Retailers
8:00 AM
November 18, 2013
5:00 PM
December 19, 2013
Online application through
Business License Services (DOR)
Application Processing Includes:
• Verification of 1,000 foot buffer from Sensitive Areas
• Seeking Input from Local Authorities (Cities, Counties,
Tribes, Port Authorities)
• Verification of Residency
• Entity Formed in Washington
• Criminal Background (WSP, FBI Fingerprints)
• Financial Investigation
• Review operating plan
• Final Inspection of location
Production Limits
Total State-wide production is limited to 2,000,000 square feet
of plant canopy
Applicants must designate the size category of the production
premises and the actual square footage in their premises that
will be designated as plant canopy. There are three categories:
• Tier 1: Less than 2,000 square feet;
• Tier 2: 2,000 square feet to 10,000 square feet;
• Tier 3: 10,000 square feet to 30,000 square feet.
Production Limits, Cont.
Reasons the LCB may reduce a licensee’s or applicants’ square
footage designated to plant canopy:
– If 50 percent production space used for plant canopy in
the licensee’s operating plan is not met in the first year of
operation; or
– If the total amount of square feet of marijuana
production exceeds two million square feet.
Rules Highlights: Public Safety
• Advertising Restrictions
• Lab Tested and Approved
• Strict Packaging and Labeling Requirements
• Store Signage and Product Warnings
• Child Resistant Packaging
• Security and Safeguards
• Violation Guidelines
Local Authority (LA) Input
• Notice of Application (Producer and Processor) sent to Local
Authority. Similar to the Liquor Procedure
• LA Must Respond Within 20 Days with an approval or
objection. May request an extension (In Writing)
• LA Failure to Respond within 20 Day Period will be viewed as
“No objection”
• LA Notice on Retailers will await lottery selection (if
• Must be supported
• Will not consider objections based on local land use,
ordinance, or existing moratoria
• Applicant will be notified of LA Objections
• Substantial weight given to objections based on chronic
illegal activity (RCW 69.50.331(9))
• If license issued over LA objection, LA may be granted an
administrative hearing (RCW 34-05)
Reasons the Board May Seek Denial,
Suspension or Cancellation
WAC 314-55-050
• Sixteen Elements
• If the Board seeks denial, applicant is given the
opportunity for an administrative hearing
• Administrative hearing held before ALJ who crafts an
“Initial Order.”
• Board reviews and issues Final Order
• Actions appealable in Superior Court
Renewal Notice
• Approximately 90 days prior to renewal, LA will receive
notice of pending renewal and given an opportunity to
object (Timeframe Crucial)
• Similar Process to application objection
• Board will be conducting random criminal history checks
upon renewal
Retail Licenses
• 334 locations statewide
• Allocation posted on our website
• If we receive more applications than allotted in that
jurisdiction…a lottery will be performed after prescreening
• LAs notified after lottery
Retail Pre-Screening
• Verify 1,000 Foot Separation
• Criminal History
• Verify Residency and Entity Creation
• Verification of Applicant Age
• Verification that Location is Under Consideration by All
Retail Lottery
• Protocols Under Development
• LA Notice and Remaining Application Processing After
Lottery Selection
Enforcement Activities
What to expect:
• Public Safety focus on youth access
• Packaging and labels compliance
• Advertising compliance
• Only allowable products are sold
• Hidden ownership
• Test results availability
• Security compliance
• Product limits
• Complaint investigations
• Theft reporting compliance
Enforcement Activities
• Initially: pre-license work
– 1,000 foot measurements
– Final inspection
Retail Enforcement Operations:
– 334 retail stores across the entire state
– Retail store oversight for enforcement will reside with retail liquor enforcement
– Compliance Program
• Compliance Checks – 3 per location per year
• Surveillance activity for youth access
• General premises checks to ensure regulatory compliance and detection of any criminal activity
– Consuming in public enforcement around liquor licensed businesses
– Assist non-retail as needed
Enforcement Activities
• Non Retail focus:
– Producer and Processor oversight
– Unannounced premises checks
• Spot checks for traceability compliance
• Destruction of product oversight
– Transportation oversight (including surveillance)
– Lieutenant will be liaison with local and state drug task forces
– Bill of lading
– Tax referrals
– Primary liaison with new examiners
– Plant canopy compliance
– Operating Plan compliance
Staying Connected
• Visit the I-502 Webpage.
• Factsheets
• FAQs
• Timelines
• YouTube video and/or audio of public forums
• Listserv with over 6,700 subscribers to date
Thank you

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