Enforcement Bulletin: 21-01 Cannabis Consultation Requests

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January 6, 2021

Cannabis Consultation Visit Request: Process and Information 

The Washington State Liquor and Cannabis Board (WSLCB) recognizes that cooperative partnerships with licensees that emphasize the exchange of information and assistance before the imposition of penalties is key to mutual success. The agency strives to provide all licensees with the necessary knowledge and tools to achieve greater compliance with state laws and rules.

To help accomplish these key goals, WSLCB developed a Cannabis Consultation as part of our outreach efforts. The information below will tell you how it works and how you can take full advantage of this program.

 

These are the rules associated with this program:

New (WAC 314-55-013)

Link: https://app.leg.wa.gov/wac/default.aspx?cite=314-55-013

 

Rules Concerning the Voluntary Marijuana Licensee Consultation and Education Program:

  • A marijuana licensee or their designee may make one request for advice and consultation per year by completing and submitting an application to request consultation through the WSLCB Board's website. Additional requests may be considered at the Board's discretion.
  • A Board representative will schedule and complete advice and consultation visits within forty-five calendar days of receipt of the request for consultation.
  • If the marijuana licensee or designee, or the Board representative requires more than forty-five calendar days to schedule and complete the consultation visit, the Board representative may extend the completion deadline.
  • If the deadline is extended, at the licensee's request, more than sixty days after the Board's receipt of the request for consultation, the marijuana licensee must resubmit a request for consultation consistent with this section.

 

WAC 314-55-013(4) – Advice and consultation services. The nature and scope of advice and consultation services provided: 

 

  • Regulatory issues described in the chapter that may be observed during the course of an advice and consultation visit are not subject to disciplinary action unless the issue has a direct or immediate relationship to public health and safety;
  • The following activities that may be included in a consultation are:
    • An initial meeting to explain the licensee's rights and obligations.
    • A walk-through visit to evaluate compliance concerns specified in the request for consultation.
    • A closing meeting to discuss any conditions noted and to make recommendations.
    • A written report of the conditions.
    • A follow-up visit, if appropriate.
  • For identified conditions that are not direct or immediate risks to public health and safety, provides that:
    • The condition will be noted in the appropriate WSLCB database, along with a detailed description of the condition;
    • The full statutory or regulatory citation applicable to the non-compliant condition will be provided.
    • A statement of what steps the licensee must take to achieve compliance.
    • The date, method of service, name of the licensee participating in the visit.
    • The date the licensee must achieve compliance, which may be mutually agreed upon by the Board representative and the licensee, and may be based on a variety of factors, including but not limited to the severity and costs of the conditions to be abated.

 

 

WAC 314-55-013(5) – Licensee responsibilities.

This new section establishes general licensee responsibilities when participating in the voluntary marijuana licensee consultation and education program. These responsibilities include:

  • Agreement to work with the board representative to schedule a consultation visit.
  • Agreement to make reasonable efforts to correct or abate identified conditions.
  • Agreement to contact the WSLCB in writing if unable to correct or abate all conditions identified in the statement of conditions to request an extension of time, describing the need for the extension, confirmation of steps taken to that point, and a proposed abatement date.

 

To request a Cannabis Consultation, click this link which opens a page on the agency's website. You will need to fill out the online request form and submit it. 

An LCB employee will contact you no later than 10 days from the date of your request to schedule a time for the consultation visit.

 

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