02/12/2015
Emergency Rulemaking
The Washington State Liquor Control Board filed emergency rules with the Code Reviser’s Office to revise current recreational ma*****na rules by defining, consultant, intermediate product, paraphernalia, and selling price. In addition to the definitions two new WAC’s were created, and one amended, to address current issues in the marketplace:
WAC 314-55-017 Conditional sales prohibited. It has come to our attention that some licensees are engaging in the practice of conditional sale or “bundling” where for example a customer purchases a lighter for $20 which includes the purchase of 1 gram of ma*****na for two dollars to avoid paying the requisite taxes on the ma*****na. This practice is now prohibited and the selling price of ma*****na products must be indicative of their true value without any other products or services.
WAC 314-55-018 Prohibited practices—Money advances—Contracts—Gifts—Rebates, etc. Further defines practices that licensees are prohibited from engaging in.
Amended WAC 314-55-077 What is a ma*****na processor license and what are the requirements and fees related to a ma*****na processor license? For public safety reasons further revisions were made to this WAC regarding ma*****na infused edible packaging and labeling. Specifically:
o Requires ma*****na-infused edible solids with more than one serving to have each serving individually packaged in child proof packaging within the outer package.
o Requires ma*****na-infused edible liquids with more than one serving to include a measuring device in the package.
o Added brightly colored products to the list of products especially appealing to children.
The board approved emergency rules for WAC 314-55-010, WAC 314-55-017, WAC 314-55-018, and WAC 314-55-077. The rules become effective today, February 11, 2015, and expire June 11, 2015.