Guidance - Cannabis Licensees

Update on Certain Allowances
Governor Inslee has lifted many COVID-19 business restrictions in place based on health and safety proclamations and/or Emergency Orders. Most business sectors are allowed to return to pre-pandemic capacity and operations, with limited exceptions for masking or vaccination.

In keeping with the Governor’s directive, several LCB-created allowances designed to support licensees expired on July 31, 2021, unless otherwise specified.

Since that time, the transmission of COVID-19 has increased dramatically due to the delta variant, especially among those who are not vaccinated. A statewide mask mandate and other health restrictions are also currently in place to combat transmission.

For public health and safety reasons, the LCB is reactivating certain cannabis-specific allowances. Effective immediately, these allowances will be in place until Oct. 31, 2021. The LCB will review these allowances in late-October and decide whether they should be extended again.

Re-Activated Allowances through Oct. 31, 2021.

Cannabis Curbside Service
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
       

Cannabis Retailers Giving Away Hand Sanitizer and Masks
Applies to: Retailers

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 facemasks may not be bundled with other product for purchase.
     

Cannabis Retail Walk-Up Windows
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;
       

Minors Present on Premises of Licensed Cannabis Producer/Processors to Support Families Impacted by School Closures
Applies to: 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 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.

 

 

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