Liquor Control Board Approves Filing of Proposed Rules for Recreational Marijuana

[yortbogey]

OLYMPIA, Wash. - The Washington State Liquor Control Board on Wednesday approves filing of proposed rules to implement Initiative 502. If these rules are enacted they will help govern the state's system of producing, processing, and retailing recreational marijuana.

The board filed proposed rules in July which have since been revised after receiving public input at five public hearings across the state.

The number of retail stores will be allocated by population, with a limit on how many can be situated in each of the state's larger cities.

Benton County: 10 retail outlets
Kennewick: 4
Richland: 3
West Richland 1
At large: 2

Franklin County: 5 retail outlets
Pasco: 4
At large: 1

Kittitas County: 4 retail outlets
Ellensburg: 2
At large: 2

Walla Walla County: 4 retail outlets
Ellensburg: 2
At large: 2

Yakima County: 14 retail outlets
Yakima: 5
Sunnyside: 1
Selah: 1
Grandview: 1
At large: 6



Key Public Safety Elements

Public safety is the top priority of the Washington State Liquor Control Board.

All grows must meet strictly controlled on-site security requirements;
Strict surveillance and transportation requirements;
Robust traceability software system that will track inventory from start to sale;
Criminal background checks on all license applicants;
Tough penalty guidelines for public safety violations including loss of license;
Restricting certain advertising that may be targeted at children.
Key Consumer Safety Elements

The proposed rules provide a heightened level of consumer safety that has not existed previously.

Packaging and label requirements including dosage and warnings;
Child-resistant packaging for marijuana in solid and liquid forms;
Only lab tested and approved products will be available;
Defined serving sizes and package limits on marijuana in solid form;
Store signage requirements to educate customers.

Revisions to the Rules

Below are selected highlights found in the revised rules.

Production Limits

Limits the total amount of marijuana to be produced at 40 metric tons
Sets the maximum amount of space for marijuana production at two million square feet
Production Tiers

Creates three production tiers based on square footage
Tier 1 – less than 2000 square feet
Tier 2 – 2000 to 10,000 square feet
Tier 3 – 10,000 to 30,000 square feet
Market Control Limits

Limited any entity and/or principals within any entity to three producer or processor licenses
Limited any principal and or entity to no more than three retail licenses with no multiple location licensee allowed more than 33 percent of the allowed licenses in any county or city
On-Site Product Limits

Established the maximum amount of marijuana allowed on a producer licensee's premises at any time based on the type of grow operation (indoor, outdoor, greenhouse)
1,000 Foot Buffer Measurement

Changed the way the 1,000 foot buffer is measured from to "along the most direct route over or across established public walks, streets, or other public passageway between the proposed building/business locations to the perimeter of the grounds of the entities listed"
Definitions

Added a definition for "plant canopy" to clarify what area is considered in the square footage calculation for marijuana producers
Revised the definition of "Public Park" to include parks owned or managed by a metropolitan park district. Clarified that trails are not included in the definition of "Public Park "
Revised the definition of "recreation center or facility." Added the language "owned and/or managed by a charitable non-profit organization, city, county, state, or federal government"
Advertising

Added language requiring all advertising and labels of useable marijuana and marijuana infused products may not contain any statement or illustration that is false or misleading.

Retail Stores

In addition to the revisions to the rules, the Board today also identified the number and allocation of retail stores. Per Initiative 502, the WSLCB applied a method that allocates retail store locations using Office of Financial Management (OFM) population with a cap on the number of retail stores per county.

Using OFM population data as well as adult consumption data supplied by the state's marijuana consultant – BOTEC Analysis Corporation -- the Board allocated a maximum of 334 outlets statewide. The most populous cities within the county are allocated a proportionate number of stores and at-large stores available to serve other areas of the county.

Timeline

December 6, 2012 Effective date of new law

September 4, 2013 File Supplemental CR 102 with revised proposed rules

October 9, 2013 Public hearing(s) on proposed rules (time and location TBD)

October 16, 2013 Board adopts or rejects proposed rules (CR 103)

November 16, 2013 Rules become effective

November 18, 2013 Begin accepting applications for all three licenses (30-day window)

December 1, 2013 Deadline for rules to be complete (as mandated by law)

December 18, 2013 30-day window closes for producer, processor and retailer license applications

 

[yortbogey]

total list of all stores county by county...

Proposed number of retail marijuana sales locations by county:
■ Adams, 2

■ Asotin, 2

■ Benton, 10

■ Chelan, 6

■ Clallam, 6

■ Clark, 15

■ Columbia, 1

■ Cowlitz, 7

■ Douglas, 3

■ Ferry, 1

■ Franklin, 5

■ Garfield, 1

■ Grant, 7

■ Grays Harbor, 6

■ Island, 4

■ Jefferson, 4

■ King, 61

■ Kitsap, 10

■ Kittitas 4

■ Klickitat, 4

■ Lewis, 7

■ Lincoln, 2

■ Mason, 5

■ Okanogan, 5

■ Pacific, 2

■ Pend Oreille, 2

■ Pierce, 31

■ San Juan, 3

■ Skagit, 10

■ Skamania, 2

■ Snohomish, 35

■ Spokane, 18

■ Stevens, 4

■ Thurston, 11

■ Wahkiakum, 1

■ Walla Walla, 4

■ Whatcom, 15

■ Whitman, 4

■ Yakima, 14

• For additional information: www.liq.wa.gov

 

[BigSteve]

18 in Spokane seems to low.

It's something!

 

[L0PG]

Limiting the number of stores kills competition, increases prices, and locks out new businesses from opening once someone is established.

And 40 tons of TOTAL state production is laughably small. Using the census data that is available, you get around .24oz per adult over 18 (the only data I could find). Being that the law limits marijuana possession to those over 21, let's call it .2oz for the sake of argument.

Lets further assume that only 25% of eligible adults smoke/use marijuana. That bumps it up to .8oz per smoker. How unrealistic is that? .8oz per smoker per year? The law enacted in this fashion will perpetuate the black market, nothing will change, in that, the majority of marijuana will go untaxed, completely defeating the purpose of legalization in the first place.

 

[Eighths-n-Aces]

how many liquor stores are in each one of those counties? or how many Starbucks?

the whole supply and demand thing goes out the door when people who don't smoke are the ones regulating the industry

....... but at least it is progress

 

[L0PG]

The problem is compounded when you look at how long it took to get the state OUT of the liquor business, they ran it with an iron fist for decades. If we botch the initial implementation of this law, we will be hurting ourselves profoundly.

I just wish I would be in the U.S. during the hearings, so I can voice my concerns.

Progress is good, but progress simply for the sake of progress isn't. It needs to make sense, and these new proposed rules most certainly don't.

I think a big problem is people are afraid to put their names and faces out there during this first part of the discussion. As time goes on and people want to get into the business, I think there will be a lot of regrets, and potentially lawsuits about it. Limiting an entire industry to 2 million square feet, and 40 metric tons of production is insanity. You could hypothetically get more than 5000 pounds from one large outdoor grow. 5000 1lb plants could be easily done on 1 acre of land. So 40 acres could potentially be our entire STATE'S yearly output.

 

[yortbogey]

very good valid points.... and U know we got 40+ acres to spare....