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 established regulations for the formerly unregulated medical cannabis system and aligned it with the existing recreational system.
Liquor and Cannabis Board
- Changed name of the Washington State Liquor Board to the Washington State Liquor and Cannabis Board (LCB).
Medical Cannabis Endorsement
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Established a “medical cannabis endorsement” that allows licensed cannabis retailers to sell medicinal cannabis to qualifying patients and designated providers.
- The endorsement also allows retailers to provide cannabis to qualifying patients and designated providers at no charge.
- Those who hold the endorsement cannot authorize medical cannabis on the premises or permit health care professionals to authorize at the retail outlet.
- The LCB adopted rules for the number of retail outlets holding medical cannabis endorsements.
- Retail outlets with medical cannabis endorsements may advertise themselves as such.
- cannabis retailers (with or without medical cannabis endorsement) may sell products with a THC concentration of 0.3 percent or less.
Licensing
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The bill directed the LCB to develop a priority based application process where applicants who applied for a cannabis 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 had first priority.
- Second priority applicants included 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 were those who have none of the experience identified above.
Medical Canopy
- Licensed producers must state whether they intend to produce cannabis for retailers with a medical cannabis endorsement, and the amount/percentage of canopy space that will be committed to growing plants for medicinal cannabis (including cannabis concentrates, usable cannabis and cannabis-infused products).
- Directed the LCB to reconsider canopy space limits for the production of cannabis, and increase the percentage of space for producers who intend to grow plants intended for medicinal cannabis.
- If current cannabis producers do not utilize all the canopy space, the LCB can reopen the licensing period for cannabis producers intending to grow plants for medicinal cannabis.
Age Restrictions
- Allows qualifying patients between 18 and 21 who have a valid recognition card to enter retail cannabis outlets and purchase of medicinal cannabis products.
Processing Restrictions
- Restricts the use of butane or other gases for cannabis extraction to validly licensed cannabis processors.
Enforcement
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The LCB may conduct controlled purchase programs to determine whether;
- cannabis retailers are selling cannabis to minors
- Medical cannabis endorsement retailers are selling to minors who do not hold a valid recognition card
- 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.
Cooperatives
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Eliminated collective gardens effective July 1, 2016, but created medical cannabis “cooperatives” that may be formed by up to four qualifying patients or designated providers. Cooperatives;
- Cannot be located within one mile of cannabis 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 adopted security and traceability requirements for cooperatives.
- Repealed RCW 69.51A.140, which granted cities and counties the authority to adopt and enforce requirements related to medical cannabis, including zoning.
Voluntary Database
- The Department of Health created, administers and maintains a secure and confidential medical cannabis database, .
- 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:
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Forty-eight ounces of cannabis-infused product in solid form;
- Three ounces of useable cannabis;
- Two hundred sixteen ounces of cannabis-infused product in liquid form;
- Or twenty-one grams of cannabis concentrates.
- A cannabis retailer with a medical cannabis endorsement can add a qualifying patient or designated provider to the database and include the amount of cannabis products the qualifying patient is authorized.
- A cannabis retailer holding a medical cannabis 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 cannabis database using a third party provider.
- Identify products that qualify as medical cannabis.
- Provide safe handling and training requirements for retail stores that hold a medical cannabis endorsement.
- Created a standardized authorization form for health care professionals who authorize medical cannabis.
- Established and created the medical cannabis authorization card.