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CPPA Impact on the LCB
Cannabis Patient Protection Act
The Cannabis Patient Protection Act (CPPA) is 2015 legislation (SSB 5052) that was signed in to law on April 24, 2015. The new law establishes regulations for the formerly unregulated medical marijuana system and aligns it with the existing recreational system.
Liquor and Cannabis Board
- Changes name of the Washington State Liquor Board to the Washington State Liquor and Cannabis Board (LCB).
Medical Marijuana Endorsement
Establishes a “medical marijuana endorsement” that allows licensed marijuana retailers to sell medicinal marijuana to qualifying patients and designated providers.
- The endorsement also allows retailers to provide marijuana to qualifying patients and designated providers at no charge.
- Those who hold the endorsement cannot authorize medical marijuana on the premises or permit health care professionals to authorize at the retail outlet.
- The LCB must adopt rules for the number of retail outlets holding medical marijuana endorsements.
- Retail outlets with medical marijuana endorsements may advertise themselves as such.
- Marijuana retailers (with or without medical marijuana endorsement) may sell products with a THC concentration of 0.3 percent or less.
The bill directs the LCB to develop a priority based application process where applicants who applied for a marijuana retail license prior to July 1, 2014, operated (or were employed by) a collective garden prior to January 1, 2013, have maintained a state and local business license and have a history of paying state taxes and fees will have first priority.
- Second priority applicants include those who operated (or were employed by) a collective garden prior to January 1, 2013, have maintained a state and local business license, and have a history of paying state taxes and fees.
- Third priority applicants are those who have none of the experience identified above.
- Applications for retail licenses available October 12, 2015.
- Licensed producers must state whether they intend to produce marijuana for retailers with a medical marijuana endorsement, and the amount/percentage of canopy space that will be committed to growing plants for medicinal marijuana (including marijuana concentrates, usable marijuana and marijuana-infused products).
- Directs the LCB to reconsider canopy space limits for the production of marijuana, and increase the percentage of space for producers who intend to grow plants intended for medicinal marijuana.
- If current marijuana producers do not utilize all the canopy space, the LCB can reopen the licensing period for marijuana producers intending to grow plants for medicinal marijuana.
- Allows qualifying patients between 18 and 21 who have a valid recognition card to enter retail marijuana outlets and purchase of medicinal marijuana products.
- Restricts the use of butane or other gases for marijuana extraction to validly licensed marijuana processors.
The LCB may conduct controlled purchase programs to determine whether;
- Marijuana retailers are selling marijuana to minors
- Medical marijuana endorsement retailers are selling to minors who do not hold a valid recognition card
- Until July 1, 2016, collective gardens are providing marijuana to minors
- Violation of this section by a person age 18-20 is a misdemeanor punishable as provided by RCW 9A.20.021.
- Sales to a minor by anyone over 21 years of age is a felony.
Eliminates collective gardens starting on July 1, 2016, but allows for the creation of medical marijuana “cooperatives” that may be formed by up to four qualifying patients or designated providers. Cooperatives;
- Cannot be located within one mile of marijuana retailers.
- Location must be registered with the LCB.
- Must be located in a domicile of one of the participants.
- Are limited to one cooperative per tax parcel.
- May grow up to the total number of plants authorized for each patient, maximum of 60 plants.
- Qualifying patients or designated providers may only participate in one cooperative.
- Are subject to inspection by the LCB and law enforcement.
- The LCB may adopt rules relating to security and traceability requirements for cooperatives.
- Repeals RCW 69.51A.140, which granted cities and counties the authority to adopt and enforce requirements related to medical marijuana, including zoning.
- The Department of Health will create, administer and maintain a secure and confidential medical marijuana database, beginning July 1, 2016.
- Database is voluntary and does not violate HIPAA.
- Unregistered patients can still buy, grow and have cannabis and keep their right to use an affirmative defense in court.
- Qualifying patients or designated providers enrolled in the database may obtain:
Forty-eight ounces of marijuana-infused product in solid form;
- Three ounces of useable marijuana;
- Two hundred sixteen ounces of marijuana-infused product in liquid form;
- Or twenty-one grams of marijuana concentrates.
- A marijuana retailer with a medical marijuana endorsement can add a qualifying patient or designated provider to the database and include the amount of marijuana products the qualifying patient is authorized.
- A marijuana retailer holding a medical marijuana endorsement can access the database to confirm the validity of the recognition card of a qualifying patient or designated provider.
- Records in the database are exempt from public disclosure.
Department of Health Requirements
- Establish and maintain the voluntary medical marijuana database using a third party provider.
- Identify products that qualify as medical marijuana.
- Adopt safe handling and training requirements for retail stores that hold a medical marijuana endorsement.
- Create a standardized authorization form for health care professionals who authorize medical marijuana.
- Establish and create the medical marijuana authorization card.