Guidance for Cannabis Licenses: Effective Immediately
At this time, cannabis producers, processors, retailers and approved labs are considered essential and not required to close due to the coronavirus restrictions.
Cannabis Delivery Timelines Adjustments due to Wildfires:
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 30 days after phase 4 of the Governor’s Safe Start Plan begins, all cannabis transportation timelines are extended to a maximum delivery time of 7 days.
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.
- 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:
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, and until April 30, 2020, 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
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
- 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:
- 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;
Sale of Flavored Cannabis Vapor Products
The LCB has received questions related to legality of selling flavored marijuana vapor products. Currently the LCB has plans to conduct rule making for recently passed HB 2826. The LCB recognizes the need for additional clarity to the new section 4 of recently passed HB 2826 in the interim period of time until formal rulemaking is completed. This advisement is to temporarily provide direction during that interim.
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.
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.