Cannabis law in Washington

Enacted

November 6, 2012

Home grow

No, 0 plants

Delivery

No

Consumption lounges

No

Vertical integration required

No

Initiative Measure No. 502 approved November 6, 2012 (history note on RCW 69.50.325 and RCW 69.50.535). LCB documents state licensed retail sales began July 2014; the exact day is not stated on any reachable LCB primary page, so sales_open_on is left null (see unverified). Home cultivation is authorized only for qualifying patients and designated providers under RCW 69.51A.210; RCW 69.50.401 exempts only activity compliant with RCW 69.50.360, .363, .366 (licensed activity), so adult home grow is not authorized. Delivery and internet sales are prohibited by WAC 314-55-079(5). Opening a package or consuming in view of the public or in a public place is unlawful (RCW 69.50.445). RCW 69.50.328 bars producers and processors from any financial interest in a retailer, so vertical integration is prohibited, not required.

Sales open

July 1, 2016

Home grow

Yes, 6 plants

Delivery

No

Consumption lounges

No

Vertical integration required

No

Washington has no separate medical market. Medical sales occur through cannabis retailers holding a medical cannabis endorsement (RCW 69.50.375, enacted 2015 c 70 s 10, the Cannabis Patient Protection Act). DOH maintains the medical cannabis authorization database and recognition cards (RCW 69.51A.230; chapter 246-71 WAC). DOH states the program became fully effective July 1, 2016, and the LCB press release on alignment describes the July 1, 2016 merger of the medical market into the licensed system. Endorsed retailers must prohibit the medical use of cannabis at the outlet at all times (WAC 314-55-080). The 2015 c 70 effective date is not shown on the pages retrieved, so enacted_on is null (see unverified).

Statute

RCW 69.50.325; RCW 69.50.331; RCW 69.50.342

Administrative code

Chapter 314-55 WAC

Agency

Home

Rules

Published rules

Licensing

Portal

Bulletins

Notices

Statute

RCW 69.50.342; RCW 69.50.345

Administrative code

WAC 314-55-083(4)

Agency

Home

Rules

Published rules

Licensing

Portal

Bulletins

Notices

Statute

RCW 69.50.535

Administrative code

WAC 314-55-089; WAC 314-55-090

Agency

Home

Rules

Published rules

Licensing

Portal

Bulletins

Notices

Statute

RCW 82.08.020; RCW 82.08.9998; RCW 82.04.250; RCW 82.14.030

Administrative code

Title 458 WAC

Agency

Home

Rules

Published rules

Licensing

Portal

Bulletins

Notices

Statute

RCW 69.51A.230

Administrative code

Chapter 246-71 WAC (authorization database); Chapter 246-70 WAC (compliant products); Chapter 246-72 WAC (certified consultants)

Agency

Home

Rules

Published rules

Licensing

Portal

Bulletins

Notices

Statute

Chapter 69.50 RCW; Chapter 69.51A RCW

Administrative code

Title 314 WAC; Title 246 WAC

Agency

Home

Rules

Published rules

Bulletins

Notices

Integration

Csv Upload

Bloom integration

Not Applied

Amount

0.47%

Applied to

Retail Price

Programs

Adult Use, Medical

Stacks with sales tax

Yes

Collected by

DOR

Filing

Monthly (DOR Excise Tax Return)

Amount

37%

Applied to

Retail Price

Programs

Adult Use, Medical

Stacks with sales tax

No

Collected by

LCB

Filing

Monthly, Due On Or Before The 20th Of The Following Month (Next Business Day If Weekend Or Holiday); 2 Percent Late Payment Penalty

Amount

6.5%

Applied to

Retail Price

Programs

Adult Use

Stacks with sales tax

Yes

Collected by

DOR

Filing

Monthly (DOR: File Each Month; File A No Business Return If No Activity)

Amount

rate not published

Applied to

Retail Price

Programs

Adult Use

Stacks with sales tax

No

Collected by

DOR

Filing

Monthly With State Sales Tax Return

Flower G

28.349523125

Concentrate G

7

Edible Solid G

453.59237

Edible Liquid Ml

2129.2941285

Other Ingestion Units

10

Liquid Thc Mg If Units Le 4mg

200

Counted as

Independent Categories

Enforced across

Per Store

Flower G

28.349523125

Concentrate G

7

Edible Solid G

453.59237

Edible Liquid Ml

2129.2941285

Other Ingestion Units

10

Liquid Thc Mg If Units Le 4mg

200

Counted as

Independent Categories

Enforced across

Per Store

Flower G

85.048569375

Concentrate G

21

Edible Solid G

1360.77711

Edible Liquid Ml

6387.8823855

Liquid Thc Mg If Units Le 4mg

200

Counted as

Independent Categories

Enforced across

Per Store

Flower G

85.048569375

Concentrate G

21

Edible Solid G

1360.77711

Edible Liquid Ml

6387.8823855

Liquid Thc Mg If Units Le 4mg

200

Counted as

Independent Categories

Enforced across

Per Store

WAC 314-55-079(1) and RCW 69.50.357: retail sales only to persons 21 years of age and older, except qualifying patients aged 18 to 20 with a recognition card at a medically endorsed retailer (see wa-patient-18-to-20-endorsed-only).

Trigger

sale

Licence types

Cannabis Retailer

Customer classes

Adult, Non Resident

RCW 69.50.357(2): licensed retailers may not employ persons under 21 or allow persons under 21 to enter or remain on the premises, except recognition card holders 18 to 20 at an endorsed outlet, and patients under 18 with a card accompanied by their designated provider.

Trigger

age_verify

Licence types

Cannabis Retailer

Customer classes

Adult, Non Resident

WAC 314-55-150(1): acceptable ID to verify age for purchasing cannabis is limited to (a) driver's license, instruction permit, or ID card of any state, Canadian province, U.S. territory, or D.C., or a Washington identicard; (b) U.S. armed forces ID; (c) passport, passport card, Global Entry card, Permanent Resident card, or NEXUS card; (d) Merchant Marine ID; (e) enrollment card of a federally recognized Indian tribe located in Washington with security features comparable to WA driver's licenses. Any other ID method is blocked.

Trigger

age_verify

Licence types

Cannabis Retailer

Customer classes

Adult, Patient, Caregiver, Non Resident

RCW 69.50.357(2),(3)(b) and WAC 314-55-080: qualifying patients between 18 and 21 holding a recognition card may enter an endorsed outlet and purchase cannabis for their personal medical use. At a retailer without the endorsement, or without a valid card, the sale is blocked by the age 21 rule.

Trigger

sale

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

Customer classes

Patient

RCW 69.50.357(2): qualifying patients under 18 with a recognition card may enter and remain at an endorsed outlet if accompanied by their designated provider, but may not purchase products for their personal medical use. The designated provider purchases on the minor's behalf.

Trigger

sale

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

Customer classes

Patient

WAC 314-55-079(5): internet sales and delivery of product to customers is prohibited. Any delivery or online fulfillment order is blocked.

Trigger

delivery

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

Customer classes

Adult, Patient, Caregiver, Non Resident

WAC 314-55-090 and RCW 69.50.375(3)(e): to treat a sale as a medical (tax-exempt, patient-limit) sale the retailer must verify the recognition card is valid and confirm the purchaser is in the medical cannabis authorization database, and keep records of valid recognition cards. Missing card data or no database match blocks medical treatment of the sale (sale may proceed as adult-use if the buyer is 21+).

Trigger

patient_verify

Licence types

Medical Cannabis Endorsement

Customer classes

Patient, Caregiver

WAC 314-55-090(2): for every excise-exempt sale the licensee must retain for five years, consistent with WAC 314-55-087, the date of sale, the unique patient identifier and card effective and expiration dates from the recognition card, the SKU or product identifier, and the sales price. A medical sale missing any field is blocked from exempt treatment.

Trigger

sale

Licence types

Medical Cannabis Endorsement

Customer classes

Patient, Caregiver

WAC 314-55-089: reports with payment are due to the LCB on or before the 20th of each month for the previous month; retailers must report purchases from processors, sales by product type to consumers, and lost or destroyed product. LCB Cannabis Tax Reporting Guide: retail licensees must submit the monthly Retailer Sales and Excise Tax report by email to [email protected] even if they have no sales; a 2 percent late payment penalty applies after the due date; medical exempt sales are reported separately on the form beginning with the June 2024 report. Cash payment without an LCB waiver draws a 10 percent penalty (WAC 314-55-089).

Trigger

reporting

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

WAC 314-55-083(4): required traceability information must be kept completely up to date in the system specified by the LCB (CCRS), including inventory, point-of-sale records, destruction, transport, theft, and samples. CCRS FAQ: a week is Sunday through Saturday and all licensee weekly reporting is expected no later than Sunday for the previous week; more frequent submission is allowed; no report is required when there is nothing new. CCRS Upload User Guide: Inventory.CSV, InventoryAdjustment.CSV, and InventoryTransfer.CSV are required weekly when there is unreported data.

Trigger

reporting

Licence types

Cannabis Retailer, Medical Cannabis Endorsement, Cannabis Producer, Cannabis Processor

CCRS Upload User Guide: InventoryTransfer.CSV records receipt of inventory transferred into a licensee's possession and is required weekly by any licensed facility that receives inventory; it depends on existing Inventory data for source and destination using InventoryExternalIdentifier. WAC 314-55-083(4)(d),(h): transport events must be reported and every lot or batch must carry the unique identifier generated by the traceability system. A transfer-in without the identifier or source license cannot be reported and is blocked.

Trigger

transfer_in

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

WAC 314-55-083(4)(h): all cannabis, useable cannabis, infused products, concentrates, seeds, plant tissue, clone lots, and cannabis waste must be physically tagged with the unique identifier generated by the traceability system and tracked. Inventory records without a lot or batch identifier are blocked.

Trigger

inventory_adjust

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

WAC 314-55-097: cannabis waste that is not sold must be rendered unusable before leaving the licensed premises (ground and mixed with at least 50 percent non-cannabis material by volume), and records must document the final destination and method of all waste rendered unusable, kept per WAC 314-55-087. WAC 314-55-083(4)(c): destruction of a lot or batch is a required traceability event. CCRS Upload User Guide: destruction is reported on InventoryAdjustment.CSV (required weekly) with a defined adjustment reason. No pre-destruction quarantine hold period exists in current WAC 314-55-097 (see unverified).

Trigger

destruction

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

WAC 314-55-096(2): retailers may not provide free samples to customers. (Endorsed retailers may provide cannabis at no charge to qualifying patients and designated providers under WAC 314-55-080 and RCW 69.50.375; that is a donation sale recorded as such, not a sample.)

Trigger

sample

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

Customer classes

Adult, Patient, Caregiver, Non Resident

WAC 314-55-096(1): a retailer may provide free trade samples of useable cannabis, infused products, and concentrates to current paid employees, must keep trade samples in a designated area separate from products for resale and clearly identified, must record each sample in the state traceability system by product type and employee name, and must not provide more than 30 trade sample units to any one employee within a calendar quarter. Processor-to-retailer trade samples are capped at 120 units per quarter.

Trigger

sample

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

WAC 314-55-079(12): a retailer may accept returns of open cannabis products; products must be returned in their original packaging with the lot, batch, or inventory ID number fully legible. Returns without original packaging or a legible identifier are blocked. CCRS FAQ: a returned item is reported on an Inventory Adjustment as a return with details.

Trigger

return

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

Customer classes

Adult, Patient, Caregiver, Non Resident

RCW 69.50.369 and WAC 314-55-155: no sign or advertisement for a cannabis business or product within 1,000 feet of the perimeter of school grounds, playground, recreation center or facility, child care center, public park, library, or game arcade admitting persons under 21 (unless a local ordinance reduces the distance). Advertising may not use toys, cartoon characters, mascots, or imagery appealing to minors; may not be false or misleading, promote overconsumption, depict alcohol or tobacco use, or associate with motor vehicles; cannabis plants and products may not appear on outdoor signage; billboards limited to business name, nature of business, and directional information. Penalty: $1,000 per violation until LCB penalty rules apply.

Trigger

advertising

Licence types

Cannabis Retailer, Medical Cannabis Endorsement, Cannabis Producer, Cannabis Processor

WAC 314-55-155: all advertising other than outdoor signage must include, in type at least 10 percent of the largest type used, the four warnings: (a) This product has intoxicating effects and may be habit forming. (b) Cannabis can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug. (c) There may be health risks associated with consumption of this product. (d) For use only by adults 21 and older. Keep out of the reach of children. Endorsed retailers may advertise compliant products to qualifying patients only within the same rules.

Trigger

advertising

Licence types

Cannabis Retailer, Medical Cannabis Endorsement, Cannabis Producer, Cannabis Processor

RCW 69.50.369 and WAC 314-55-155: a retail outlet may display no more than four signs identifying the outlet on the building's main entrance side, each not exceeding 1,600 square inches, plus up to two trade name signs meeting local size rules, plus billboards limited to name, nature of business, and directions.

Trigger

advertising

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

WAC 314-55-105: every product label must carry the statements Warning - May be habit forming; Unlawful outside Washington State; It is illegal to operate a motor vehicle under the influence of cannabis; plus Smoking is hazardous to your health on useable cannabis and inhalable concentrates, Caution: Intoxicating effects may be delayed by 2+ hours on edibles, and DO NOT EAT on topicals. The cannabis universal symbol per WAC 314-55-106 is required. Packaging must be child resistant (16 C.F.R. Part 1700 compliant, or heat-sealed plastic at least 2 mil without easy-open features). Non-compliant packages may not be sold.

Trigger

labeling

Licence types

Cannabis Retailer, Medical Cannabis Endorsement, Cannabis Processor, Cannabis Producer

WAC 314-55-105: labels must show the business name and nine-digit UBI number, the lot number (matching the transport manifest), net weight in ounces and grams or volume, total THC and CBD concentrations, health and safety risk information, an ingredients list for edibles and topicals, and extraction method disclosure where solvents were used. Products lacking a required field are blocked from sale.

Trigger

labeling

Licence types

Cannabis Retailer, Medical Cannabis Endorsement, Cannabis Processor, Cannabis Producer

WAC 314-55-087: the listed records must be kept and maintained on the licensed premises for a five-year period and made available for inspection by LCB employees on request: purchase invoices and supporting documents, bank statements, accounting and tax records, financial transactions, employee records, transportation records, inventory records, lab results, sample documentation, theft records, medical patient exemption records, and detailed sales records. ADP or POS systems are acceptable if they provide audit trails and can reconstruct transactions. Purging or deleting records inside the five-year window is blocked.

Trigger

record_retention

Licence types

Cannabis Retailer, Medical Cannabis Endorsement, Cannabis Producer, Cannabis Processor

WAC 314-55-085: upon transporting any cannabis product a retailer must notify the LCB of the type and amount or weight being transported; product must be in sealed LCB-approved packaging in a locked compartment; only licensees, employees, or transport licensees aged 21 or older may transport; records of all transportation, including copies of manifests, must be kept for a minimum of three years at the licensee's location. WAC 314-55-079(11): a retailer may transport product to its other locations or return product to a processor as outlined in WAC 314-55-085.

Trigger

transfer_out

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

RCW 69.50.445: it is unlawful to open a package containing cannabis products or consume cannabis in view of the general public or in a public place (class 3 civil infraction). WAC 314-55-080: an endorsed retailer must prohibit the medical use of cannabis by anyone at the retail outlet at all times. No consumption lounge or on-site use is authorized for any customer class.

Trigger

sale

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

Customer classes

Adult, Patient, Caregiver, Non Resident

WAC 314-55-079(8): all cannabis products must be stored behind a counter or other barrier to ensure a customer does not have direct access to the product. Self-service or open-shelf sale formats are blocked; sample jars behind mesh screens on the counter are allowed for smelling only (WAC 314-55-096(4)).

Trigger

sale

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

Customer classes

Adult, Patient, Caregiver, Non Resident

WAC 314-55-079(10): a cannabis retailer may have a maximum of four months of their average inventory on their licensed premises at any given time. Incoming transfers that would exceed that level are flagged.

Trigger

transfer_in

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

WAC 314-55-080: an endorsed retailer must have a certified medical cannabis consultant on staff per chapter 246-72 WAC and maintain the ability to enter qualifying patients and designated providers into the DOH authorization database. WAC 246-71-040: only a consultant employed by the endorsed outlet is allowed to print and create a recognition card. RCW 69.51A.230(10): a one dollar fee per initial and renewal card is collected by the retailer and remitted to DOH. Patient registration and card issuance without a certified consultant is blocked.

Trigger

patient_verify

Licence types

Medical Cannabis Endorsement

Customer classes

Patient, Caregiver

WAC 314-55-147: a cannabis retailer may sell useable cannabis, concentrates, infused products, and paraphernalia between the hours of 8 a.m. and 12 a.m. Sales outside that window are blocked.

Trigger

sale

Licence types

Cannabis Retailer

Customer classes

Adult, Patient, Caregiver, Non Resident

WAC 314-55-095(1)(d): a single transaction is limited to one ounce useable cannabis, sixteen ounces solid infused product, seven grams concentrate for inhalation, ten units of infused product otherwise taken into the body, and seventy-two ounces liquid infused product (200 mg THC if in units of 4 mg or less). A licensee or employee may not conduct a transaction that facilitates obtaining more than the personal possession amount. Also applies to patients not entered in the DOH database.

Trigger

sale

Licence types

Cannabis Retailer

Customer classes

Adult, Non Resident

WAC 314-55-095(2)(d): a single transaction by an endorsed retail store to a qualifying patient or designated provider entered in the medical cannabis database is limited to three ounces useable cannabis, 48 ounces solid infused product, 21 grams concentrate, 216 ounces liquid infused product (200 mg THC if in units of 4 mg or less).

Trigger

sale

Licence types

Medical Cannabis Endorsement

Customer classes

Patient, Caregiver

WAC 314-55-150(2): the identification document is not acceptable to verify age if expired.

Trigger

age_verify

Licence types

Cannabis Retailer

Customer classes

Adult, Patient, Caregiver, Non Resident

RCW 69.51A.230(4): recognition cards are valid one year from the authorization date for patients 18 and older (and their designated providers) and six months for patients under 18. WAC 246-71-040: the card shows effective and expiration dates. An expired card blocks medical treatment of the sale and blocks any sale to an 18 to 20 year old.

Trigger

patient_verify

Licence types

Medical Cannabis Endorsement

Customer classes

Patient, Caregiver

RCW 69.50.535(1)(a): the cannabis excise tax "must be separately itemized from the state and local retail sales tax on the sales receipt provided to the buyer." A sale whose receipt cannot itemize the excise apart from sales tax is blocked.

Trigger

sale

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

Customer classes

Adult, Non Resident

RCW 69.50.535(1)(b): the cannabis excise tax must be reflected in the price list or quoted shelf price in the licensed retail store and in any advertising that includes prices for useable cannabis, concentrates, or infused products. Menus, shelf tags, and price advertising that exclude the 37 percent excise are blocked.

Trigger

sale

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

WAC 314-55-102: useable flower, a batch of cannabis concentrate, or a batch of cannabis-infused product may not be sold until the completion and successful passage of required quality control testing. Failed flower may only be wholesaled for extraction, never sold at retail; pesticide failures may not be remediated.

Trigger

sale

Licence types

Cannabis Retailer, Medical Cannabis Endorsement

Customer classes

Adult, Patient, Caregiver, Non Resident