Guidance - Cannabis Licensees

Guidance for Cannabis Licenses 

June 30, 2021 Economic Re-opening
Governor Inslee has lifted most COVID-19 business restrictions in place based on health and safety proclamations and/or Emergency Orders.

Effective June 30, 2021, all business sectors may return to usual capacity and operations, with limited exceptions for large indoor events (any event with more than 10,000 simultaneous participants in an indoor, enclosed space.)

Reopening Guidance and/or Requirements

  • Vaccine verification/negative testing: Recommended but not required for large indoor and outdoor events
  • Capacity limitations: No restrictions in restaurants, bars, stores, businesses, theaters etc. (except large indoor events)
  • Physical distancing: No requirements
  • Facial coverings: Not required for vaccinated individuals, unless required by individual business
     

*Some exceptions will include schools and childcare centers that will continue to have some facial coverings and physical distancing requirements.

Requirements for places of employment issued by the Washington State Department of Labor & Industries have been updated here.

Allowances for LCB Licensed Businesses
Several LCB-created allowances designed to support licensees temporarily remain in effect. All of the allowances expire on July 31, 2021 unless otherwise specified. 

Details about specific allowances and expiration dates can be found via this table.

Cannabis Delivery Timelines Adjustments due to Wildfires
(Effective until July 31):
Road closures and other impacts related to wildfires have created a barrier and challenge for cannabis producers and processors to deliver product within normal timelines. These delays in deliveries have created situations where retailers ordering product are refusing to accept the ordered product, in the interest of compliance with the timelines. Along with other negative impacts for producers and processors, refusals to accept product results in unnecessary contact for multiple individuals. These unnecessary contacts may impact the health and safety of transportation drivers and retail store employees during this time of COVID-19.

In efforts minimize unnecessary contacts, and mitigate transportation challenges related to the wildfires, the LCB is temporarily relaxing the established timelines established in WAC related to maximum delivery times. Until a time to be determined later, all cannabis transportation timelines are extended to a maximum delivery time of 7 days.  

Curbside Service
(Effective until July 31):

  • Applies to: Retailers
    To promote social distancing, the LCB is temporarily expanding curbside sales beyond qualified medical patients to allow sales to all adult customers as long as certain restrictions are in place. This is an option in addition to mandatory measures for retail establishments set forth by Gov. Inslee and the Centers for Disease Control and Prevention.
     
  • Restrictions
    • Drive-thru windows are not allowed
    • IDs must be checked
    • Curbside sales areas must be stationary and physically designated on the leasehold property, preferably as close to the building as possible. Examples of physical designations for curbside service include:
      • Tape or painted parking spots for vehicle parking
      • Cones or signage for vehicle parking
    • Where possible, video cameras should be monitoring and recording the designated sales area
    • Outdoor sales from a tent or kiosk are not allowed
       

Minors in Licensed Marijuana Producers/Processors
(Pending review):
Due to the related COVID – 19 impacts, the LCB is temporarily relaxing enforcement of WAC 314-55-015 involving the prohibition of minors being present on premises of licensed marijuana producers/processors in limited circumstances. This temporary allowance is to accommodate families that have been impacted by school closures. Effective immediately the LCB will not enforce the provisions of WAC 314-55-015 for families who have children under the age of 16 on the licensed premises, so long as the following conditions are met:

  • The person under 16 years of age is a child or grandchild of the licensee,
  • The person under 16 years of age is not engaging in any work or act of employment for the licensed business,
  • The person under 16 years of age does not possess any products associated with the production, processing, or sales of marijuana,

This advisement covers only the licensed marijuana facility for producers and processor, and does not include or cover retail locations or transportation vehicles.

Cannabis Retailers Giving Away Hand Sanitizer and Masks
(Effective until July 31):
Due to the COVID-19 impacts, requests have been made by licensed cannabis retailers for the ability to sell or give away free hand sanitizer and face masks.

Currently giveaways are not allowable under WAC 314-55-155(4), and sales that are not marijuana or paraphernalia are not allowed under RCW 69.50.357.  In efforts to promote community safety during the COVID-19 pandemic, the LCB will not enforce provision of WAC 314-55-155(4) as it relates to giving away hand sanitizer and face masks, and RCW 69.50.357 as it relates to selling hand sanitizer and face masks so long as the following conditions are met:

  • The only giveaways are hand sanitizer and face masks for purposes of COVID-19 health compliance;
  • The hand sanitizer does not contain THC, CBD, or hemp derived products;
  • The hand sanitizer was made with the approved FDA recipe;
  • The hand sanitizer container or face masks were not provided to the retailer for free by any licensed cannabis producer, processor, transporter, lab, or other marijuana industry member;
  • The hand sanitizer or face masks do not contain any brand advertising of any cannabis, CBD, or hemp product;
  • The free hand sanitizer or masks may not be advertised as a giveaway or free promotional item;
  • The hand sanitizer or face masks may not be conditional on a sale of other product; and
  • Any sales of hand sanitizer or face masks may not be bundled with other product for purchase.
     

Cannabis Sale from Building Window
(Effective until July 31):

  • Applies to: Cannabis Retailers

In an effort to continue to support social distancing best practices, the LCB is temporarily suspending enforcement of RCW 69.50.390 as it relates to walk up window sales so long as the licensee is adhering to the following:

Restrictions:

  • Sale are not conducted via drive-through windows, these remain prohibited;
  • IDs checking standards must still continue;
  • Video cameras coverage remains mandatory for monitoring and recording the designated sales area;
  • Outdoor sales from a tent or kiosk are not allowed;
  • Pass-through windows must already be present; the LCB will not approve any alterations requests or change to operating plans to accommodate this option;

 

Dept. of Labor & Industries (L&I) Guidance for Agriculture Workers

  • Under L&I regulations, cannabis producers are considered agriculture workers.
  • On May 28, 2020 Governor Inslee Issued Proclamation 20-57, Concerning the Health of Agricultural Workers requiring compliance with Agricultural COVID-19 Requirements.
  •  Additional L&I information about claims related to COVID-19 may be found here. Any claims should be filed directly with L&I.   
     

Vendor Days
(Effective until July 31):
The following advisement concerns cannabis vendor days. Vendor Days is an activity where a retail marijuana licensee showcases a particular marijuana producer/processor and their product. 
 

 

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