SB 5983 — Concerning untested and unregulated cannabinoid products.

(o)4 "Distributor"SB means5983 extraction are selectively concentrated through a personmechanical whoor distributes.chemical process, or both, with all impurities removed.

(p)(r) "Drug""Distribute" means (1)to adeliver controlledother substancethan recognizedby asadministering a drug in the official United States pharmacopoeia/national formulary or thedispensing officiala homeopathiccontrolled pharmacopoeiasubstance. of the United States, or any supplement to them;

(((o))) (s) "Distributor" means a person who distributes.

(((p))) (t) "Drug" means (1) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them;

(q)(((q))) (u) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.

p.(((r))) (v) "Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems.

3 SSB 5983 (r) "Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems.

(s)(((s))) "Immature(w) plant"Extract" or clone" means a plantsolid, viscid, or cloneliquid thatsubstance hasextracted nofrom flowers,a isplant, lessor thanthe twelvelike, inchescontaining inits height,essence andin isconcentrated lessor thanisolated twelveform. inches in diameter.

(t)(x) "Immediate"Extraction" precursor" means the process to separate or obtain a substance:solid, viscid, or liquid substance from a plant or parts of a plant, by pressure, distillation, treatment with solvents, or the like.

(y) "Immature plant or clone" means a plant or clone that has no flowers, is less than twelve inches in height, and is less than twelve inches in diameter.

(((t))) (z) "Immediate precursor" means a substance:

and (3)p. the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.

(u)5 "Isomer"SB means5983 an(3) opticalthe isomer,control but in subsection (gg)(5) of thiswhich section,is RCWnecessary 69.50.204(a)to (12)prevent, andcurtail, (34),or andlimit 69.50.206(b)(4), the termmanufacture includesof anythe geometricalcontrolled isomer;substance.

(((u))) (aa) "Impairing" in relation to a cannabinoid means a psychotropic constituent of the plant cannabis which may diminish a person's cognitive, mental, or physical function or ability.

For purposes only of sections 3, 4, 5, 6, and 7 of this act, the board may further revise the definition of impairing by rule in accordance with chapter 34.05 RCW.

(bb) "Isolate" means extract from the plant Cannabis of 95 percent or more of a single cannabinoid compound.

(cc) "Isomer" means an optical isomer, but in subsection (((gg))) (oo)(5) of this section, RCW 69.50.204(a) (12) and (34), and 69.50.206(b)(4), the term includes any geometrical isomer;

(v)(((v))) (dd) "Lot" means a definite quantity of marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling.

(w)(((w))) (ee) "Lot number" must identify the licensee by business or trade name and Washington state unified business identifier number, and the date of harvest or processing for each lot of marijuana, marijuana concentrates, useable marijuana, or marijuana-infusedmarijuana- infused product.

(x)(((x))) (ff) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

p.(1) by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice;

4or SSB(2) 5983 (1) by a practitionerpractitioner, asor anby incident to the practitioner's administeringauthorized oragent dispensingunder ofthe apractitioner's controlledsupervision, substancefor in the coursepurpose ofof, theor practitioner'sas professionalan practice;p.

or6 (2)SB by5983 a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

(y)(((y))) (gg) "Marijuana" or "marihuana" means all parts of the plant Cannabis,Cannabis((, whether growing or not,not,)) with a THC((THC)) tetrahydrocannabinol concentration greater((greater)) of more than 0.3 percent on a dry weight basis;basis, whether growing or not;

the resin extracted from any part of the plant;plant, including concentrated resins, cannabinoids, and the products thereof;

or (2) Hemp or industrial hemp as defined in RCW 15.140.020,15.140.020((,)) or seeds used for licensed hemp production under chapter 15.140 RCW.RCW, unless the tetrahydrocannabinol concentration is greater than 0.3 percent on a dry weight basis.

(z)(((z))) (hh) "Marijuana concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and((and having a THC concentrationconcentration)) containing greater than ten percent.percent total THC such as, but not limited to, kief, live resin, rosin, hash, or bubble hash.

(aa)(((aa))) (ii) "Marijuana processor" means a person licensed by the board to process marijuana of natural origin, grown by a licensed producer, either directly or indirectly or by extraction from the plant Cannabis as defined in subsection (tt) of this section, unless sourced and used as an additive in accordance with RCW 69.50.326, into marijuana concentrates, useable marijuana, and marijuana-infused products, package and label marijuana concentrates, useable marijuana, and marijuana-infused products for sale in retail outlets, ((and)) sell marijuana concentrates, useable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, useable marijuana, and marijuana-infused products at wholesale to marijuana retailers.

(bb)(((bb))) (jj) "Marijuana producer" means a person licensed by the board to produceproduce, prepare, and sellpropagate marijuana atdirectly wholesalefrom toa marijuanap. processors and other marijuana producers.

(cc)7 "MarijuanaSB products"5983 meansnatural useableorigin marijuana,and marijuanasell concentrates,((marijuana)) andat marijuana-infusedwholesale productsto asmarijuana definedprocessors inand thisother section.marijuana producers.

(dd)(((cc))) (kk) "Marijuana researcher"products" means auseable personmarijuana, licensedmarijuana byconcentrates, theand boardmarijuana-infused toproducts produce,as process,defined in this section and possessalso marijuanaincludes forany theproduct purposeswith 0.5 milligrams or more per serving or two milligrams or more per package of conductinga researchcannabinoid onthat marijuanamay andbe marijuana-derivedimpairing drugor products.that is marketed as such.

p.(((dd))) (ll) "Marijuana researcher" means a person licensed by the board to produce, process, and possess marijuana for the purposes of conducting research on marijuana and marijuana-derived drug products.

5(((ee))) SSB(mm) 5983 (ee) "Marijuana retailer" means a person licensed by the board to sell marijuana concentrates, useable marijuana, and marijuana-infused products in a retail outlet.

(ff)(((ff))) (nn) "Marijuana-infused products" means products that contain marijuana or marijuana extracts, isolates, or distillates, that are intended for human use, are derived from marijuana as defined in subsection (y)(((y))) (gg) of this section, and have((have a THC concentrationconcentration)) contain no greater than ten percent.percent total THC.

(gg)(((gg))) (oo) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(6)p. Cocaine base.

8 SB 5983 (6) Cocaine base.

(hh)(((hh))) (pp) "Opiate" means any substance having an addiction-formingaddiction- forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-addiction-sustaining sustaining liability.

The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan3-methoxy-n- p.methylmorphinan and its salts (dextromethorphan).

6 SSB 5983 and its salts (dextromethorphan).

(ii)(((ii))) (qq) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.

(jj)(((jj))) (rr) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(kk)(((kk))) (ss) "Plant" has the meaning provided in RCW 69.51A.010.

(ll)(((ll))) (tt) "Plant Cannabis" means all plants of the genus Cannabis, including cannabismarijuana as defined in subsection (gg) of this section, and hemp as defined in RCW 15.140.020.

(mm)(uu) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

(((mm))) (nn)(vv) "Practitioner" means:

an osteopathic physician assistant under chapter 18.57A RCW who is licensed under RCW 18.57A.020 subject to any limitations in RCW 18.57A.040;

a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute,p. dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.

9 SB 5983 distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.

(3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and p.surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical commission or equivalent and his or her supervising physician, an advanced registered nurse practitioner licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States.

7(((nn))) SSB(ww) 5983"Prescription" surgeonmeans licensedan toorder practicefor podiatriccontrolled medicinesubstances andissued surgery,by a licensedpractitioner physicianduly assistantauthorized orby alaw licensedor osteopathicrule physicianin assistantthe specificallystate approvedof Washington to prescribe controlled substances bywithin histhe orscope herof state's medical commission or equivalent and his or her supervisingprofessional physician,practice anfor advanced registered nurse practitioner licensed to prescribe controlled substances, or a veterinarianlegitimate licensedmedical topurpose. practice veterinary medicine in any state of the United States.

(((nn)))(((oo))) (oo)(xx) "Prescription""Production" meansincludes anthe ordermanufacturing, forplanting, controlledcultivating, substancesgrowing, issued by a practitioner duly authorized by law or ruleharvesting in the state of Washingtona to prescribe controlled substancessubstance. within the scope of his or her professional practice for a legitimate medical purpose.

(((oo)))(((pp))) (pp)(yy) "Production""Qualifying includespatient" has the manufacturing,meaning planting,provided cultivating,in growing,RCW or69.51A.010. harvesting of a controlled substance.

(((pp)))(((qq))) (qq)(zz) "Qualifying"Recognition patient"card" has the meaning provided in RCW 69.51A.010.

(((qq)))(((rr))) (rr)(aaa) "Recognition"Retail card"outlet" hasmeans a location licensed by the meaningboard providedfor inthe RCWretail 69.51A.010.sale of marijuana concentrates, useable marijuana, and marijuana-infused products.

(((rr)))(((ss))) (ss)(bbb) "Retail"Secretary" outlet" means a location licensed by the boardsecretary for the retail sale of marijuanahealth concentrates,or useablethe marijuana,secretary's anddesignee. marijuana-infused products.

(((ss)))(((tt))) (tt)(ccc) "Secretary""State," unless the context otherwise requires, means a state of the secretaryUnited States, the District of healthColumbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the secretary'sjurisdiction designee.of the United States.

(((tt)))(((uu))) (uu)(ddd) "State,""Synthetically unlessderived thecannabinoid" context otherwise requires, means aany statecannabinoid ofthat theis Unitedaltered States,by the District of Columbia, the Commonwealth of Puerto Rico, or a territorychemical orreaction insularthat possessionchanges subject to the jurisdictionp. of the United States.

(((uu)))10 (vv)SB "Tetrahydrocannabinol"5983 ormolecular "THC"structure includesof allany tetrahydrocannabinolsnatural thatcannabinoid are artificially, synthetically, or naturally derived including,from butthe notplant limitedCannabis to,to delta-8another tetrahydrocannabinol,cannabinoid delta-9found tetrahydrocannabinol,naturally delta-10in tetrahydrocannabinol, THCv tetrahydrocannabivarin, THCP tetrahydrocannabiphorol, THC-O-Acetate, and the opticalplant isomersCannabis. of THC cannabinoids.

(ww)(eee)(1) "THC"Tetrahydrocannabinol" concentration"or means"THC" percentincludes ofall ((delta-9))tetrahydrocannabinols tetrahydrocannabinolthat contentare perartificially, drysynthetically, weightor ofnaturally anyderived, partincluding ofbut thenot plantlimited Cannabis,to ordelta-8 pertetrahydrocannabinol, volumedelta-9 ortetrahydrocannabinol, weightdelta-10 oftetrahydrocannabinol, marijuanaTHCv product,tetrahydrocannabivarin, orTHCP thetetrahydrocannabiphorol, combinedTHC-O-Acetate, percentand ofthe ((delta-9))optical tetrahydrocannabinolisomers andof p.THC cannabinoids.

8(2) SSBNotwithstanding 5983(1) tetrahydrocannabinolicof acidthis insubsection, anytetrahydrocannabinol partincludes ofconcentrated resins or cannabinoids, and the products thereof, produced from the plant CannabisCannabis, regardlesswhether ofor moisturenot content.the cannabinoids were derived from a marijuana plant containing a THC concentration greater than 0.3 percent on a dry weight basis.

(((vv)))(fff) (xx)"THC "Ultimateconcentration" user" means anpercent individualof who((delta-9)) lawfullytetrahydrocannabinol possessescontent aper controlleddry substanceweight forof theany individual'spart ownof usethe plant Cannabis, or forper thevolume useor weight of amarijuana memberproduct, ofor the individual'scombined householdpercent orof for((delta-9)) administeringtetrahydrocannabinol toand antetrahydrocannabinolic animalacid ownedin byany thepart individualof orthe byplant aCannabis memberregardless of themoisture individual'scontent. household.

(((ww)))(((vv))) (yy)(ggg) "Useable"Total marijuana"THC" means driedthe marijuanasum flowers.of the percentage, by weight or volume measurement of tetrahydrocannabinolic acid multiplied by 0.877, plus, the percentage by weight or volume measurement of tetrahydrocannabinol.

(hhh) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.

(((ww))) (iii) "Useable marijuana" means dried marijuana flowers.

(((xx))) (zz)(jjj) "Youth access" means the level of interest persons under the age of twenty-one may have in a vapor product, as well as the degree to which the product is available or appealing to such persons, and the likelihood of initiation, use, or addiction by adolescents and young adults.

p.

11 SB 5983 NEW SECTION.

RCWA 69.50.101new andsection 2020is cadded 133to schapter 269.50 andRCW 2020 c 80 s 43 are each reenacted and amended to read as follows:

The(a) definitionsProducts containing or consisting of cannabinoids produced and processed for any type of consumption into a human body, whether marketed as such or not, exceeding 0.3 percent THC on a dry weight basis, that contains more than 0.5 milligrams per serving or two milligrams total in thisthe sectionpackaged applyproduct throughoutof thisa chaptercannabinoid that may be impairing, may only be sold by a marijuana producer, marijuana processor, or marijuana retailer licensed by the board unless authorized as a drug by the contextfederal clearlyfood requiresand otherwise.drug administration.

(a)(b) "Administer"All meansproducts tocontaining applycannabinoids adescribed controlledin substance,subsection whether(a) byof injection,this inhalation,section, ingestion, or anycannabinoid otherproducts means,marketed directlyas tohaving impairing effects, are within the bodyscope of regulatory authority of the board under this chapter, except those authorized as a patientdrug orby researchthe subjectfederal by:food and drug administration.

(1)(c) aSale practitionerof authorizedproducts toidentified prescribein (or,subsection (a) of this section is prohibited unless conducted by thea practitioner'sbusiness authorizedholding agent);a valid marijuana producer, marijuana processor, or marijuana retailer license issued by the board.

or(d) (2)Products meeting any of the patientcriteria oridentified researchin subjectthis atsubsection themay directiononly andbe sold if such a sale is in compliance with rules adopted by the presenceboard after the board has consulted with the department of health and the practitioner.department of agriculture.

(b)Products "Agent"subject meansto anthis authorizedrequirement personare: who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.

It(1) doesProducts notcontaining includecannabinoids athat commonmay orbe contractimpairing; carrier, public warehouseperson, or employee of the carrier or warehouseperson.

(c)(2) "Board"Products meansthat thecontain Washingtongreater statethan liquor0.3 andpercent cannabisTHC board.on a dry weight basis;

(d)and "CBD(3) concentration"Products hasthat thecontain meaning0.5 providedor more milligrams per serving or two or more milligrams total in RCWthe 69.51A.010.packaged product of any cannabinoid that may be impairing.

(e) "CBDProducts product"identified meansin anysubsection product(d) containingof orthis consistingsection may not be sold to persons under 21 years of cannabidiol.age, except for those in compliance with provisions of chapter 69.51A RCW.

(f) "Commission"The meansrequirement provided in subsection (d) of this section does not apply to delta-9 THC products approved by the pharmacyboard qualityprior assuranceto commission.January 1, 2022.

(g) "ControlledCannabis substance"health meansand abeauty drug,aids substance,compliant orwith immediateRCW precursor69.50.575 includedare innot Schedulessubject Ito throughthe Vprovisions asof setsubsections forth(a) inthrough federal(d) p.of this section.

9p. SSB 5983 or state laws, or federal or commission rules, but does not include hemp or industrial hemp as defined in RCW 15.140.020.

(h)(1)12 "ControlledSB substance5983 analog"(h) meansManufacturing aand substancesales the chemical structure of whichartificial cannabinoids is substantiallyprohibited. similar to the chemical structure of a controlled substance in Schedule I or II and:

(i) thatThis hassection adoes stimulant,not depressant,apply or hallucinogenic effect on the central nervous system substantially similar to theunadulterated stimulant,hemp depressant,flower orthat hallucinogenicis effectnot onfurther theprocessed centralinto nervousextracts, systeminfused ofproducts, a controlled substance included in Schedule I or II;concentrates.

or (ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.

(2) The term does not include:

(i) a controlled substance;

(ii) a substance for which there is an approved new drug application;

(iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal food, drug, and cosmetic act, 21 U.S.C.

355,4. or chapter 69.77 RCW to the extent conduct with respect to the substance is pursuant to the exemption;

orRCW (iv)69.50.325 anyand substance2020 toc the236 extents not6 intendedare foreach humanamended consumption before an exemption takes effect with respect to theread substance.as follows:

(i)(1) "Deliver"There orshall "delivery"be meansa themarijuana actualproducer's orlicense constructiveregulated transferby fromthe oneboard personand subject to anotherannual ofrenewal. a substance, whether or not there is an agency relationship.

(j)The "Department"licensee meansis theauthorized departmentto produce, prepare, and propagate marijuana grown from seeds or clones of health.natural origin:

(k)(a) "DesignatedMarijuana provider"for hassale theat meaningwholesale providedto inmarijuana RCWprocessors 69.51A.010.and other marijuana producers;

(l)(b) "Dispense"immature meansplants theor interpretationclones ofand aseeds prescription or order for asale controlled substance and, pursuant to thatcooperatives prescriptionas ordescribed order,under theRCW proper69.51A.250; selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

(m)and "Dispenser"(c) meansimmature aplants practitioneror whoclones dispenses.and seeds for sale to qualifying patients and designated providers as provided under RCW 69.51A.310.

The production, possession, delivery, distribution, and sale of marijuana in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed marijuana producer, shall not be a criminal or civil offense under Washington state law.

Every marijuana producer's license shall be issued in the name of the applicant, shall specify the location at which the marijuana producer intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license.

The application fee for a marijuana producer's license shall be two hundred fifty dollars.

The annual fee for issuance and renewal of a marijuana producer's license shall be one thousand three hundred eighty-one dollars.

A separate license shall be required for each location at which a marijuana producer intends to produce marijuana.

(2) There shall be a marijuana processor's license to process marijuana, from the plant Cannabis of natural origin and grown by a licensed producer, unless sourced and used as an additive in accordance with RCW 69.50.326, and compound or convert marijuana products from marijuana grown by a licensed marijuana producer as specified by the board by rule, and prepare, package, and label marijuana concentrates, useable marijuana, and marijuana-infused products, which contain greater than 0.5 milligrams per serving of a cannabinoid that may be impairing, for sale at wholesale to marijuana processors and marijuana retailers, regulated by the board and p.

13 SB 5983 subject to annual renewal.

The processing, packaging, possession, delivery, distribution, and sale of marijuana, useable marijuana, marijuana-infused products, and marijuana concentrates in accordance with the provisions of this chapter and chapter 69.51A RCW and the rules adopted to implement and enforce these chapters, by a validly licensed marijuana processor, shall not be a criminal or civil offense under Washington state law.

Every marijuana processor's license shall be issued in the name of the applicant, shall specify the location at which the licensee intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license.

The application fee for a marijuana processor's license shall be two hundred fifty dollars.

The annual fee for issuance and renewal of a marijuana processor's license shall be one thousand three hundred eighty-one dollars.

A separate license shall be required for each location at which a marijuana processor intends to process marijuana.

(3)(a) There shall be a marijuana retailer's license to sell marijuana concentrates, useable marijuana, and marijuana-infused products, and other products containing greater than 0.5 milligrams per serving of a cannabinoid that may be impairing at retail in retail outlets, regulated by the board and subject to annual renewal.

The possession, delivery, distribution, and sale of marijuana concentrates, useable marijuana, and marijuana-infused products in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed marijuana retailer, shall not be a criminal or civil offense under Washington state law.

Every marijuana retailer's license shall be issued in the name of the applicant, shall specify the location of the retail outlet the licensee intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license.

The application fee for a marijuana retailer's license shall be two hundred fifty dollars.

The annual fee for issuance and renewal of a marijuana retailer's license shall be one thousand three hundred eighty-one dollars.

A separate license shall be required for each location at which a marijuana retailer intends to sell marijuana concentrates, useable marijuana, and marijuana-infused products.

(b) An individual retail licensee and all other persons or entities with a financial or other ownership interest in the business p.

14 SB 5983 operating under the license are limited, in the aggregate, to holding a collective total of not more than five retail marijuana licenses.

(c)(i) A marijuana retailer's license is subject to forfeiture in accordance with rules adopted by the board pursuant to this section.

(ii) The board shall adopt rules to establish a license forfeiture process for a licensed marijuana retailer that is not fully operational and open to the public within a specified period from the date of license issuance, as established by the board, subject to the following restrictions:

(A) No marijuana retailer's license may be subject to forfeiture within the first nine months of license issuance;

and (B) The board must require license forfeiture on or before twenty-four calendar months of license issuance if a marijuana retailer is not fully operational and open to the public, unless the board determines that circumstances out of the licensee's control are preventing the licensee from becoming fully operational and that, in the board's discretion, the circumstances warrant extending the forfeiture period beyond twenty-four calendar months.

(iii) The board has discretion in adopting rules under this subsection (3)(c).

(iv) This subsection (3)(c) applies to marijuana retailer's licenses issued before and after July 23, 2017.

However, no license of a marijuana retailer that otherwise meets the conditions for license forfeiture established pursuant to this subsection (3)(c) may be subject to forfeiture within the first nine calendar months of July 23, 2017.

(v) The board may not require license forfeiture if the licensee has been incapable of opening a fully operational retail marijuana business due to actions by the city, town, or county with jurisdiction over the licensee that include any of the following:

(A) The adoption of a ban or moratorium that prohibits the opening of a retail marijuana business;

or (B) The adoption of an ordinance or regulation related to zoning, business licensing, land use, or other regulatory measure that has the effect of preventing a licensee from receiving an occupancy permit from the jurisdiction or which otherwise prevents a licensed marijuana retailer from becoming operational.

(d) The board may issue marijuana retailer licenses pursuant to this chapter and RCW 69.50.335.

1015 SSBSB 5983 (n)Sec. "Distribute" means to deliver other than by administering or dispensing a controlled substance.

(o)5. "Distributor" means a person who distributes.

(p)RCW "Drug"69.50.326 meansand (1)2018 ac controlled132 substances recognized1 asare aeach drugamended into theread officialas Unitedfollows: States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them;

(2)(1) controlledLicensed substancesmarijuana intendedproducers forand licensed marijuana processors may use in((a)) theCBD diagnosis,((product)), cure,other mitigation,nonimpairing treatment,cannabinoids, or preventionnonimpairing plant Cannabis isolates as ((an)) additives for the purpose of diseaseenhancing inthe individuals((cannabidiol)) ornonimpairing animals;cannabinoid concentration of any product authorized for production, processing, and sale under this chapter.

(3)Except controlledas substancesotherwise (otherprovided thanin food)subsection intended(2) toof affectthis thesection, structuresuch ((CBD product additives)) cannabinoid products or anyisolates functionmust ofbe thelawfully bodyproduced ofby individualsa licensed marijuana producer, or animals;purchased from((,)) a producer or processor licensed under this chapter.

and(2) (4)Subject controlledto substancesthe intendedrequirements set forth in (a) ((and (b))) through (d) of this subsection, and for usethe assole apurpose componentof enhancing the ((cannabidiol)) nonimpairing cannabinoid concentration of any articleproduct specifiedauthorized infor (1),production, (2),processing, or (3)sale ofunder this subsection.chapter, licensed marijuana producers and licensed marijuana processors may use a CBD or other nonimpairing cannabinoid product obtained from a source not licensed under this chapter, provided the CBD or other nonimpairing cannabinoid product:

The(a) termHas a THC level of 0.3 percent or less on a dry weight basis and does not includecontain devicesgreater orthan their0.5 components,milligrams parts,per orserving accessories.of any cannabinoid that may be impairing;

(q)((and)) "Drug(b) enforcementHas administration"((been meanstested thefor)) drugpassed enforcementpesticide, administrationheavy metals, contaminants, and toxins testing by a testing laboratory accredited under this chapter and in theaccordance Unitedwith Statestesting Departmentstandards ofestablished Justice,under orthis itschapter successorand agency.the applicable administrative rules;

(r)(c) "ElectronicIs communicationaccompanied ofby prescriptiona information"disclosure meansstatement thedescribing transmissionproduction ofmethods aincluding, prescriptionbut ornot refilllimited authorizationto, forsolvent ause, drugcatalyst ofuse, aand practitionersynthesis usingmethods; computer systems.

Theand term(d) doesIs notonly includeadded to a prescriptionproduct authorized for production, processing, or refillsale authorizationunder verballythis transmittedchapter, byand telephoneis nornot afurther facsimileprocessed manuallyor signedconverted byinto thea practitioner.substance that may be impairing.

(s)(3) "ImmatureSubject plantto orthe clone"requirements meansof athis plantsubsection or(3), clonethe that((liquor hasand nocannabis)) flowers,board ismay lessenact thanrules twelvenecessary inchesto inimplement height,the andrequirements isof lessthis thansection. twelve inches in diameter.

(t)Such "Immediaterule precursor"making means((is alimited substance:to)) includes regulations pertaining to laboratory testing and product safety standards for ((those)) naturally and synthetically derived cannabidiol or other nonimpairing cannabinoid products used by p.

(1)16 thatSB the5983 commissionlicensed hasproducers found to be and byprocessors rulein designates as being the principalmanufacture compoundof commonlymarijuana used,products ormarketed producedby primarilylicensed forretailers use,under inthis thechapter manufacture((69.50 ofRCW)). a controlled substance;

(2)Any thatsynthetically isderived ancannabinoid immediate chemical intermediary used orby likelylicensed toproducers beand usedprocessors in the manufacture of amarijuana controlledproducts substance;marketed by licensed retailers under this chapter must be in compliance with rules adopted by the board, prior to manufacturing and sale to other licensees.

andRule (3)making by the controlboard ofpertaining whichto isany necessarysynthetically toderived prevent,cannabinoid curtail,must orbe limitin consultation with the manufacturedepartment of health and the controlleddepartment substance.of agriculture.

(u)The "Isomer"purpose meansof ansuch opticalrule isomer,making butmust inbe subsectionto (gg)(5)ensure the safety and purity of thiscannabidiol section,and RCWother 69.50.204(a)nonimpairing (12)cannabinoid products used by marijuana producers and (34),processors licensed under this chapter ((69.50 RCW)) and 69.50.206(b)(4),incorporated theinto termproducts includessold anyby geometricallicensed isomer;recreational marijuana retailers.

inThis RCWrule-making 69.50.204(a)authority (8)does andnot (42),include andthe 69.50.210(c)authority to enact rules regarding either the termproduction includesor processing practices of the industrial hemp industry or any positionalcannabidiol isomer;products that are sold or marketed outside of the regulatory framework established under this chapter ((69.50 RCW)).

(4) Licensed marijuana producers and inlicensed RCWmarijuana 69.50.204(a)(35),processors 69.50.204(c),may andnot 69.50.208(a)use theany termartificial includescannabinoids, as defined in this chapter, as an additive to any positionalproduct orauthorized geometricfor isomer.production, processing, and sale under this chapter.

(5) Licensed marijuana producers and licensed marijuana processors must disclose on packaging and labeling all synthetically derived cannabinoids contained in products, and may not make any statements or claims on packaging, labeling, or advertising, indicating those cannabinoids are a natural substance.

(6) The board must revise rules as appropriate to conform to the terminology described in this act.

Sec.

6.

RCW 69.50.342 and 2020 c 133 s 3 are each amended to read as follows:

(1) For the purpose of carrying into effect the provisions of chapter 3, Laws of 2013 according to their true intent or of supplying any deficiency therein, the board may adopt rules not inconsistent with the spirit of chapter 3, Laws of 2013 as are deemed necessary or advisable.

Without limiting the generality of the preceding sentence, the board is empowered to adopt rules regarding the following:

1117 SSBSB 5983 (v)(a) "Lot"The meansequipment aand definitemanagement quantity of marijuana,retail marijuanaoutlets concentrates,and useablepremises marijuana,where ormarijuana marijuana-infusedis productproduced identifiedor byprocessed, aand lotinspection number, every portion or package of whichthe isretail uniformoutlets withinand recognizedpremises toleranceswhere formarijuana theis factorsproduced thator appearprocessed; in the labeling.

(w)(b) "LotThe number"books mustand identifyrecords theto licenseebe bycreated businessand ormaintained tradeby namelicensees, andthe Washingtonreports stateto unifiedbe businessmade identifierthereon number,to and the dateboard, ofand harvestinspection or processing for each lot of marijuana,the marijuanabooks concentrates,and useablerecords; marijuana, or marijuana-infused product.

(x)(c) "Manufacture"Methods means the production, preparation, propagation, compounding, conversion, or processing of aproducing, controlledprocessing, substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging ormarijuana, repackaginguseable ofmarijuana, themarijuana substanceconcentrates, orand labelingmarijuana-infused orproducts; relabeling of its container.

Theconditions term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of asanitation; controlled substance:

(1)safe byhandling arequirements; practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice;

orapproved (2)pesticides by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and notpesticide fortesting sale.requirements;

(y)and "Marijuana"standards orof "marihuana"ingredients, meansquality, alland partsidentity of themarijuana, plantuseable Cannabis,marijuana, whethermarijuana growingconcentrates, orand not,marijuana-infused withproducts aproduced, THCprocessed, concentrationpackaged, greateror thansold 0.3by percentlicensees; on a dry weight basis;

the(d) seedsSecurity thereof;requirements for retail outlets and premises where marijuana is produced or processed, and safety protocols for licensees and their employees;

the(e) resinScreening, extractedhiring, fromtraining, anyand partsupervising employees of thelicensees; plant;

and(f) everyRetail compound,outlet manufacture,locations salt,and derivative,hours mixture, or preparation of theoperation; plant, its seeds or resin.

The(g) termLabeling doesrequirements notand include:restrictions on advertisement of marijuana, useable marijuana, marijuana concentrates, cannabis health and beauty aids, and marijuana-infused products for sale in retail outlets;

(1)(h) TheForms matureto stalksbe ofused thefor plant,purposes fiberof producedthis fromchapter theand stalks,chapter oil69.51A RCW or cakethe maderules fromadopted theto seedsimplement ofand enforce these chapters, the plant,terms anyand otherconditions compound,to manufacture,be salt,contained derivative,in mixture,licenses orissued preparationunder ofthis thechapter matureand stalkschapter (except69.51A RCW, and the resinqualifications extractedfor therefrom),receiving fiber,a oil,license orissued cake,under orthis thechapter sterilizedand seedchapter of69.51A theRCW, plantincluding whicha iscriminal incapablehistory ofrecord germination;information check.

orThe (2)board Hempmay orsubmit industrialany hempcriminal ashistory definedrecord information check to the Washington state patrol and to the identification division of the federal bureau of investigation in RCWorder 15.140.020,that seedsthese usedagencies may search their records for licensedprior hemparrests productionand underconvictions chapterof 15.140the RCW.individual or individuals who filled out the forms.

The board must require fingerprinting of any applicant whose criminal history record information check is submitted to the federal bureau of investigation;

(i) Application, reinstatement, and renewal fees for licenses issued under this chapter and chapter 69.51A RCW, and fees for p.

18 SB 5983 anything done or permitted to be done under the rules adopted to implement and enforce this chapter and chapter 69.51A RCW;

(j) The manner of giving and serving notices required by this chapter and chapter 69.51A RCW or rules adopted to implement or enforce these chapters;

(k) Times and periods when, and the manner, methods, and means by which, licensees transport and deliver marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products within the state;

(l) Identification, seizure, confiscation, destruction, or donation to law enforcement for training purposes of all marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products produced, processed, sold, or offered for sale within this state which do not conform in all respects to the standards prescribed by this chapter or chapter 69.51A RCW or the rules adopted to implement and enforce these chapters;

(m) The prohibition of any type of device used in conjunction with a marijuana vapor product and the prohibition of the use of any type of additive, solvent, ingredient, or compound in the production and processing of marijuana products, including marijuana vapor products, when the board determines, following consultation with the department of health or any other authority the board deems appropriate, that the device, additive, solvent, ingredient, or compound may pose a risk to public health or youth access;

((and)) (n) Requirements for processors to submit under oath to the department of health a complete list of all constituent substances and the amount and sources thereof in each marijuana vapor product, including all additives, thickening agents, preservatives, compounds, and any other substance used in the production and processing of each marijuana vapor product ;

and (o) The production, processing, transportation, delivery, sale, and purchase of naturally derived cannabinoids or synthetically derived cannabinoids.

This rule-making authority does not include authority to adopt rules on activities identified in this subsection (1)(o) related to:

(i) Hemp or products derived from hemp as defined in RCW 15.140.020, except products intended for use by a licensee as provided in this chapter;

or (ii) Products authorized as a drug by the federal food and drug administration.

1219 SSBSB 5983 (z)(2) "MarijuanaRules concentrates"adopted meanson productsretail consistingoutlets whollyholding ormedical inmarijuana partendorsements ofmust thebe resinadopted extractedin fromcoordination anyand partconsultation ofwith the plantdepartment. Cannabis and having a THC concentration greater than ten percent.

(aa)(3) "MarijuanaThe processor"board meansmust aadopt personrules licensed by the board to processperfect marijuana into marijuana concentrates, useable marijuana, and marijuana-infusedexpand products,existing packageprograms andfor labelcompliance marijuanaeducation concentrates, useable marijuana, and marijuana-infused products for salelicensed in retail outlets, and sell marijuana concentrates,businesses useable marijuana, and marijuana-infusedtheir productsemployees. at wholesale to marijuana retailers.

(bb)The "Marijuanarules producer"must meansinclude a personvoluntary licensedcompliance byprogram thecreated boardin toconsultation producewith andlicensed sell marijuana atbusinesses wholesale to marijuana processors and othertheir marijuanaemployees. producers.

(cc)The "Marijuanavoluntary products"compliance meansprogram useablemust marijuana,include marijuanarecommendations concentrates,on andabating marijuana-infusedviolations productsof asthis definedchapter inand rules adopted under this section.chapter.

(dd)Sec. "Marijuana researcher" means a person licensed by the board to produce, process, and possess marijuana for the purposes of conducting research on marijuana and marijuana-derived drug products.

(ee)7. "Marijuana retailer" means a person licensed by the board to sell marijuana concentrates, useable marijuana, and marijuana-infused products in a retail outlet.

(ff)RCW "Marijuana-infused69.50.363 products"and means2015 productsc that207 contains marijuana7 or marijuana extracts, are intendedeach foramended humanto use,read are derived from marijuana as definedfollows: in subsection (y) of this section, and have a THC concentration no greater than ten percent.

The termfollowing "marijuana-infusedacts, products"when doesperformed notby includea eithervalidly useablelicensed marijuana processor or employee of a validly licensed marijuana concentrates.processor in compliance with rules adopted by the ((state liquor control)) board to implement and enforce chapter 3, Laws of 2013, do not constitute criminal or civil offenses under Washington state law:

(gg)(1) "NarcoticPurchase drug"and meansreceipt any of themarijuana following,that whetherhas producedbeen directlyproperly orpackaged indirectlyand bylabeled extraction from substancesa ofmarijuana vegetableproducer origin,validly orlicensed independentlyunder bychapter means3, ofLaws chemical synthesis, or by a combination of extraction2013; and chemical synthesis:

(1)(2) Opium,Compound opium derivative, and any derivative of opium or opiumconvert derivative,marijuana includingproducts theirfrom salts,marijuana isomers,grown andby saltsa oflicensed isomers,marijuana wheneverproducer, theas existencespecified ofby the salts,board isomers,by andrule. salts of isomers is possible within the specific chemical designation.

TheThis termsection does not includeauthorize thecompounding isoquinolineor alkaloidsconverting hemp into cannabinoids that may be impairing for creation of opium.marijuana products from hemp, except as authorized under RCW 69.50.326;

(2)(3) SyntheticPossession, opiateprocessing, packaging, and anylabeling derivative of syntheticquantities opiate,of includingmarijuana, theiruseable isomers,marijuana, esters,and ethers,marijuana-infused salts,products andthat saltsdo ofnot isomers,exceed esters,the andmaximum ethers,amounts wheneverestablished by the existence((state ofliquor thecontrol)) isomers,board esters,under p.RCW 69.50.345(4);

13(((3))) SSB(4) 5983Delivery, ethers,distribution, and saltssale isof possibleuseable withinmarijuana theor specificmarijuana-infused chemicalproducts designation.to a marijuana retailer validly licensed under chapter 3, Laws of 2013;

(3)and Poppy(((4))) straw(5) Delivery, distribution, and concentratesale of poppyuseable straw.marijuana, marijuana concentrates, or marijuana-infused products to a federally recognized Indian tribe as permitted under an agreement between the state and the tribe entered into under RCW 43.06.490.

(4)Sec. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.

(5)8. Cocaine, or any salt, isomer, or salt of isomer thereof.

(6)RCW Cocaine69.50.455 base.and 2015 2nd sp.s.

(7)c Ecgonine,4 ors any1201 derivative,are salt,each isomer,amended orto saltread ofas isomerfollows: thereof.

(8) Any compound, mixture, or preparation containing any quantity of any substance referred to in (1) through (7) of this subsection.

(hh) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction- sustaining liability.

The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates.

The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).

The term includes the racemic and levorotatory forms of dextromethorphan.

(ii) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.

(jj) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(kk) "Plant" has the meaning provided in RCW 69.51A.010.

(ll) "Plant Cannabis" means all plants of the genus Cannabis, including cannabis as defined in this section, and hemp as defined in RCW 15.140.020.

(mm) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

(((mm))) (nn) "Practitioner" means:

(1) A physician under chapter 18.71 RCW;

a physician assistant under chapter 18.71A RCW;

an osteopathic physician and surgeon under chapter 18.57 RCW;

an optometrist licensed under chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010 subject to any limitations in RCW 18.53.010;

a dentist under chapter 18.32 RCW;

a podiatric physician and surgeon under chapter 18.22 RCW;

a p.

14 SSB 5983 veterinarian under chapter 18.92 RCW;

a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter 18.79 RCW;

a naturopathic physician under chapter 18.36A RCW who is licensed under RCW 18.36A.030 subject to any limitations in RCW 18.36A.040;

a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.

(2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.

(3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical commission or equivalent and his or her supervising physician, an advanced registered nurse practitioner licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States.

(((nn))) (oo) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.

(((oo))) (pp) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.

(((pp))) (qq) "Qualifying patient" has the meaning provided in RCW 69.51A.010.

(((qq))) (rr) "Recognition card" has the meaning provided in RCW 69.51A.010.

(((rr))) (ss) "Retail outlet" means a location licensed by the board for the retail sale of marijuana concentrates, useable marijuana, and marijuana-infused products.

1520 SSBSB 5983 (((ss)))(1) (tt)((It)) "Secretary"Except meansas theauthorized secretaryunder section 3 of healththis act and RCW 69.50.326, it is an unfair or thedeceptive secretary'spractice designee.under RCW 19.86.020 for any person or entity to distribute, dispense, manufacture, display for sale, offer for sale, attempt to sell, or sell to a purchaser any product that contains any amount of any synthetic cannabinoid.

(((tt)))The (uu)legislature "State,"finds unlessthat thepractices contextcovered otherwiseby requires,this meanssection aare statematters ofvitally theaffecting United States, the Districtpublic ofinterest Columbia,for the Commonwealthpurpose of Puertoapplying Rico, or a territory or insular possession subject to the jurisdictionconsumer ofprotection theact, Unitedchapter States.19.86 RCW.

(((uu)))Violations (vv)of "Tetrahydrocannabinol"this orsection "THC" includes all tetrahydrocannabinols that are artificially, synthetically, or naturally derived including, but not limitedreasonable to,in delta-8relation tetrahydrocannabinol,to delta-9the tetrahydrocannabinol,development delta-10 tetrahydrocannabinol, THCv tetrahydrocannabivarin, THCP tetrahydrocannabiphorol, THC-O-Acetate, and thepreservation optical isomers of THCbusiness. cannabinoids.

(ww)(2) "THC(("Synthetic)) concentration"For meansthe percentpurposes of ((delta-9))this tetrahydrocannabinolsection, content"synthetic percannabinoid" dryincludes weight of any partchemical ofcompound theidentified plantin Cannabis,RCW or69.50.204(c)(30) per volume or weightby of marijuana product, or the combinedpharmacy percentquality ofassurance ((delta-9))commission tetrahydrocannabinolunder andRCW tetrahydrocannabinolic69.50.201. acid in any part of the plant Cannabis regardless of moisture content.

(((vv)))Sec. (xx) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.

(((ww)))9. (yy) "Useable marijuana" means dried marijuana flowers.

TheRCW term69.50.375 "useableand marijuana"2015 doesc not70 includes either10 marijuana-are infusedeach productsamended orto marijuanaread concentrates.as follows:

(((xx)))(1) (zz)A "Youthmedical access"marijuana meansendorsement theto levela ofmarijuana interestretail personslicense underis thehereby ageestablished ofto twenty-onepermit may have in a vapormarijuana product,retailer as well as the degree to whichsell themarijuana productfor ismedical availableuse or appealing to suchqualifying persons,patients and thedesignated likelihoodproviders. of initiation, use, or addiction by adolescents and young adults.

This endorsement also permits such retailers to provide marijuana at no charge, at their discretion, to qualifying patients and designated providers.

(2) An applicant may apply for a medical marijuana endorsement concurrently with an application for a marijuana retail license.

(3) To be issued an endorsement, a marijuana retailer must:

(a) Not authorize the medical use of marijuana for qualifying patients at the retail outlet or permit health care professionals to authorize the medical use of marijuana for qualifying patients at the retail outlet;

(b) Carry marijuana concentrates and marijuana-infused products identified by the department under subsection (4) of this section;

(c) Not use labels or market marijuana concentrates, useable marijuana, or marijuana-infused products in a way that make them intentionally attractive to minors;

(d) Demonstrate the ability to enter qualifying patients and designated providers in the medical marijuana authorization database established in RCW 69.51A.230 and issue recognition cards and agree to enter qualifying patients and designated providers into the p.

21 SB 5983 database and issue recognition cards in compliance with department standards;

(e) Keep copies of the qualifying patient's or designated provider's recognition card, or keep equivalent records as required by rule of the state liquor and cannabis board or the department of revenue to document the validity of tax exempt sales;

and (f) Meet other requirements as adopted by rule of the department or the state liquor and cannabis board.

(4) ((The)) Subject to subsection (5) of this section, the department, in conjunction with the state liquor and cannabis board, must adopt rules on requirements for marijuana concentrates, useable marijuana, and marijuana-infused products that may be sold, or provided at no charge, to qualifying patients or designated providers at a retail outlet holding a medical marijuana endorsement.

These rules must include:

(a) THC concentration, CBD concentration, or low THC, high CBD ratios appropriate for marijuana concentrates, useable marijuana, or marijuana-infused products sold to qualifying patients or designated providers;

(b) Labeling requirements including that the labels attached to marijuana concentrates, useable marijuana, or marijuana-infused products contain THC concentration, CBD concentration, and THC to CBD ratios;

(c) Other product requirements, including any additional mold, fungus, or pesticide testing requirements, or limitations to the types of solvents that may be used in marijuana processing that the department deems necessary to address the medical needs of qualifying patients;

(d) Safe handling requirements for marijuana concentrates, useable marijuana, or marijuana-infused products;

and (e) Training requirements for employees.

(5) Artificial cannabinoids and synthetically derived cannabinoids are prohibited in the marijuana concentrates, useable marijuana, and marijuana-infused products that may be approved, labeled, or represented as complying with requirements adopted by the department under subsection (4) of this section.

(6) A marijuana retailer holding an endorsement to sell marijuana to qualifying patients or designated providers must train its employees on:

p.

22 SB 5983 (a) Procedures regarding the recognition of valid authorizations and the use of equipment to enter qualifying patients and designated providers into the medical marijuana authorization database;

(b) Recognition of valid recognition cards;

and (c) Recognition of strains, varieties, THC concentration, CBD concentration, and THC to CBD ratios of marijuana concentrates, useable marijuana, and marijuana-infused products, available for sale when assisting qualifying patients and designated providers at the retail outlet.

Sec.

10.

RCW 82.08.9998 and 2019 c 393 s 4 are each amended to read as follows:

(1) The tax levied by RCW 82.08.020 does not apply to:

(a) Sales of marijuana concentrates, useable marijuana, or marijuana-infused products, that do not contain any artificial cannabinoids as defined in RCW 69.50.101 or synthetically derived cannabinoids as defined in RCW 69.50.101 and that are identified by the department of health in rules adopted under RCW 69.50.375(4) in chapter 246-70 WAC as being a compliant marijuana product, by marijuana retailers with medical marijuana endorsements to qualifying patients or designated providers who have been issued recognition cards;

(b) Sales of products containing THC with a THC concentration of 0.3 percent or less to qualifying patients or designated providers who have been issued recognition cards by marijuana retailers with medical marijuana endorsements;

(c) Sales of marijuana concentrates, useable marijuana, or marijuana-infused products, identified by the department of health under RCW 69.50.375 to have a low THC, high CBD ratio, and to be beneficial for medical use, by marijuana retailers with medical marijuana endorsements, to any person;

(d) Sales of topical, noningestible products containing THC with a THC concentration of 0.3 percent or less by health care professionals under RCW 69.51A.280;

(e)(i) Marijuana, marijuana concentrates, useable marijuana, marijuana-infused products, or products containing THC with a THC concentration of 0.3 percent or less produced by a cooperative and provided to its members;

and (ii) Any nonmonetary resources and labor contributed by an individual member of the cooperative in which the individual is a p.

23 SB 5983 member.

However, nothing in this subsection (1)(e) may be construed to exempt the individual members of a cooperative from the tax imposed in RCW 82.08.020 on any purchase of property or services contributed to the cooperative.

(2) Each seller making exempt sales under subsection (1) of this section must maintain information establishing eligibility for the exemption in the form and manner required by the department.

(3) The department must provide a separate tax reporting line for exemption amounts claimed under this section.

(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Cooperative" means a cooperative authorized by and operating in compliance with RCW 69.51A.250.

(b) "Marijuana retailer with a medical marijuana endorsement" means a marijuana retailer permitted under RCW 69.50.375 to sell marijuana for medical use to qualifying patients and designated providers.

(c) "Products containing THC with a THC concentration of 0.3 percent or less" means all products containing THC with a THC concentration not exceeding 0.3 percent and that, when used as intended, are inhalable, ingestible, or absorbable.

(d) "THC concentration," "marijuana," "marijuana concentrates," "useable marijuana," "marijuana retailer," and "marijuana-infused products" have the same meanings as provided in RCW 69.50.101 and the terms "qualifying patients," "designated providers," and "recognition card" have the same meaning as provided in RCW 69.51A.010.

Sec.

11.

RCW 82.12.9998 and 2019 c 393 s 5 are each amended to read as follows:

(1) The provisions of this chapter do not apply to:

(a) The use of marijuana concentrates, useable marijuana, or marijuana-infused products, that do not contain any artificial cannabinoids as defined in RCW 69.50.101 or synthetically derived cannabinoids as defined in RCW 69.50.101 and that are identified by the department of health in rules adopted under RCW 69.50.375(4) in chapter 246-70 WAC as being a compliant marijuana product, by qualifying patients or designated providers who have been issued recognition cards and have obtained such products from a marijuana retailer with a medical marijuana endorsement.

p.

24 SB 5983 (b) The use of products containing THC with a THC concentration of 0.3 percent or less by qualifying patients or designated providers who have been issued recognition cards and have obtained such products from a marijuana retailer with a medical marijuana endorsement.

(c)(i) Marijuana retailers with a medical marijuana endorsement with respect to:

(A) Marijuana concentrates, useable marijuana, or marijuana- infused products;

or (B) Products containing THC with a THC concentration of 0.3 percent or less;

(ii) The exemption in this subsection (1)(c) applies only if such products are provided at no charge to a qualifying patient or designated provider who has been issued a recognition card.

Each such retailer providing such products at no charge must maintain information establishing eligibility for this exemption in the form and manner required by the department.

(d) The use of marijuana concentrates, useable marijuana, or marijuana-infused products, identified by the department of health under RCW 69.50.375 to have a low THC, high CBD ratio, and to be beneficial for medical use, purchased from marijuana retailers with a medical marijuana endorsement.

(e) Health care professionals with respect to the use of products containing THC with a THC concentration of 0.3 percent or less provided at no charge by the health care professionals under RCW 69.51A.280.

Each health care professional providing such products at no charge must maintain information establishing eligibility for this exemption in the form and manner required by the department.

(f) The use of topical, noningestible products containing THC with a THC concentration of 0.3 percent or less by qualifying patients when purchased from or provided at no charge by a health care professional under RCW 69.51A.280.

(g) The use of:

(i) Marijuana, marijuana concentrates, useable marijuana, marijuana-infused products, or products containing THC with a THC concentration of 0.3 percent or less, by a cooperative and its members, when produced by the cooperative;

and (ii) Any nonmonetary resources and labor by a cooperative when contributed by its members.

However, nothing in this subsection (1)(g) may be construed to exempt the individual members of a p.

25 SB 5983 cooperative from the tax imposed in RCW 82.12.020 on the use of any property or services purchased by the member and contributed to the cooperative.

(2) The definitions in RCW 82.08.9998 apply to this section.

4.12.

(1)Upon Productspublication containingof ora consistingnotice of a proposed rule under RCW 34.05.320 related to cannabinoids producedthat andmay processedbe forimpairing anyor typesynthetically ofderived consumptioncannabinoids, intothe aboard humanshall body,notify whetherthe marketedchairs asand suchranking orminority not,members exceedingof athe THChouse concentrationof representatives commerce and gaming committee and of 0.3the percent,senate maylabor, onlycommerce, beand soldtribal byaffairs acommittee, cannabisand producer,provide cannabisthem processor,with p.the information in RCW 34.05.320(1).

16A SSBchair 5983 or cannabisa retailerranking licensedminority bymember themay, boardif unlesseither authorizeddeems asappropriate, recommend a drugreview byof the federalproposed foodrule andto drugthe administration.joint administrative rules review committee as provided in chapter 34.05 RCW.

(2) Products containing a THC concentration of 0.3 percent or less sold by any person other than a cannabis producer, cannabis processor, or cannabis retailer licensed by the board must contain at least a 20:1 ratio of cannabidiol or other non-THC cannabinoids to THC, and must not exceed two milligrams of THC per serving.

(3) This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.

5.13.

(1)A Thenew Washingtonsection Stateis Universityadded centerto forchapter cannabis69.50 policy,RCW research,to andread outreachas shallfollows: convene a scientific panel consisting of the following members:

(a)(1) AnBeginning expertJuly 1, 2022, and ending June 30, 2024, the board must apply and collect a license fee surcharge of $25 for licenses identified in pharmacology;this section upon initial application and annual renewal of the licenses.

(b)(2) AnExcept expertas provided in toxicology;subsections (3) and (4) of this section, licenses subject to the temporary surcharge established in this section are the following:

(c)(a) AnAny expertvapor withproduct regulatoryretailer's affairslicense experienceissued inunder nutraceutical,chapter pharmaceutical,70.345 orRCW; dietary supplements;

(d)and An(b) expertAny inentity organiclicensed chemistry;under chapter 82.24 or 82.26 RCW to sell cigarettes, tobacco, and other tobacco products at retail.

and(3) (e)No Anbusiness expertmay be required to pay the license fee surcharge on more than one license type identified in cannabissubsection research.(2) of this section.

(2)(4) OfThis thesection membersdoes innot subsectionapply (1)to ofbusinesses thisclassified section,as at"supermarkets leastand oneother membergrocery muststores" beand a"convenience representativestores" ofdescribed thein Universitycodes of445110 Washington and one445120 memberof mustthe beNorth aAmerican representativeindustry ofclassification Washingtonsystem. State University.

The(5) memberThis representingsection Washingtonexpires StateJuly University1, shall2024. serve as chair of the scientific panel and shall form and oversee the scientific panel.

(3) The scientific panel shall review available research, data, and regulations of other jurisdictions related to cannabinoids including but not limited to:

(a) Definitions of the term impairing in relation to a cannabinoid, as well as definitions of artificial and synthetically derived cannabinoids;

and (b) Recommendations on potential guidelines for safe methods of manufacturing, extracting, and synthesizing cannabinoids.

(4) The panel shall compile findings and make recommendations to the legislature regarding regulating cannabinoids in the adult use cannabis market, by December 1, 2022.

(5) This section expires January 1, 2023.

1726 SSBSB 5983 NEW SECTION.

6.14.

(1) WhenThe funded,board themust departmentconduct ofenforcement healthoperations shallregarding establishproducts acontaining grantcannabinoids programthat tomay assistbe localimpairing governmentor healthare departmentsmarketed withas enforcingimpairing andincluding, ensuringbut compliancenot withlimited sectionto, 4products ofcontaining delta-8 THC, and not authorized for sale under this act.chapter.

Local(2) governmentFor healthpurposes departmentsof this section, "enforcement operations" includes efforts to attain compliance, prevent noncompliance, and agenciesthe removal of products containing cannabinoids that may applybe forimpairing grants,and whenthat fundedare not authorized for sale under this section.chapter.

(2)(3) EachThis grantsection applicantexpires shall:July 1, 2024.

(a) Show a significant problem of the sale in the jurisdiction of products in violation of section 4 of this act by businesses not licensed by the board as cannabis producers, processors, or retailers;

(b) Verify that grant awards are sufficient to cover increased costs associated with undertaking enforcement and compliance activities related to section 4 of this act;

(c) Design an enforcement and compliance program that best suits the specific problems in the jurisdiction related to violations of section 4 of this act;

(d) Demonstrate community coordination focusing on prevention, intervention, and suppression of violations of section 4 of this act;

and (e) Collect data on performance.

(3) The cost of administering the grants shall not exceed $60,000, or three percent of appropriated funding, whichever is greater.

(4) Grant awards may not be used to supplant preexisting funding sources for special enforcement targeting enforcement of laws that prohibit the sale of products identified in section 4 of this act.

NEW SECTION.

7.15.

IfRCW specific70.345.050 funding for the purposes of sections 5 and 62016 ofsp.s. this act, referencing this act by bill or chapter number, is not provided by June 30, 2022, in the omnibus appropriations act, sections 5 and 6 of this act are null and void.

NEWc SECTION.38 s 8 are each amended to read as follows:

(1) A fee of one hundred seventy-five dollars, plus any temporary license fee surcharge that may apply under section 13 of this act, must accompany each vapor product retailer's license application or license renewal application under RCW 70.345.020.

A separate license is required for each separate location at which the retailer operates.

(2) A retailer applying for, or renewing, both a vapor products retailer's license under RCW 70.345.020 and retailer's license under RCW 82.24.510 may pay a combined application fee of two hundred fifty dollars for both licenses.

8.16.

IfRCW any82.24.510 provisionand of2019 thisc act445 ors its203 applicationare toeach anyamended person or circumstance is held invalid, the remainder of the act or the application of the provision to otherread personsas orfollows: circumstances is not affected.

p.(1) The licenses issuable under this chapter are as follows:

18(a) SSBA 5983wholesaler's NEWlicense. SECTION.

(b) A retailer's license.

(2) Application for the licenses must be made through the business licensing system under chapter 19.02 RCW.

The board must adopt rules regarding the regulation of the licenses.

The board may refrain from the issuance of any license under this chapter if the board has reasonable cause to believe that the applicant has willfully withheld information requested for the purpose of determining the eligibility of the applicant to receive a license, or if the board has reasonable cause to believe that information submitted in the application is false or misleading or is not made in p.

27 SB 5983 good faith.

In addition, for the purpose of reviewing an application for a wholesaler's license or retailer's license and for considering the denial, suspension, or revocation of any such license, the board may consider any prior criminal conduct of the applicant, including an administrative violation history record with the board and a criminal history record information check within the previous five years, in any state, tribal, or federal jurisdiction in the United States, its territories, or possessions, and the provisions of RCW 9.95.240 and chapter 9.96A RCW do not apply to such cases.

The board may, in its discretion, grant or refuse the wholesaler's license or retailer's license, subject to the provisions of RCW 82.24.550.

(3) No person may qualify for a wholesaler's license or a retailer's license under this section without first undergoing a criminal background check.

The background check must be performed by the board and must disclose any criminal conduct within the previous five years in any state, tribal, or federal jurisdiction in the United States, its territories, or possessions.

A person who possesses a valid license on July 22, 2001, is subject to this subsection and subsection (2) of this section beginning on the date of the person's business license expiration under chapter 19.02 RCW, and thereafter.

If the applicant or licensee also has a license issued under chapter 66.24, 82.26, or 70.345 RCW, the background check done under the authority of chapter 66.24, 82.26, or 70.345 RCW satisfies the requirements of this section.

(4) Each such license expires on the business license expiration date, and each such license must be continued annually if the licensee has paid the required fee, plus any temporary license fee surcharge that may apply under section 13 of this act for retailers, and complied with all the provisions of this chapter and the rules of the board made pursuant thereto.

(5) Each license and any other evidence of the license that the board requires must be exhibited in each place of business for which it is issued and in the manner required for the display of a business license.

9.17.

SectionRCW 282.24.530 ofand this2016 actsp.s. expires July 1, 2022.

c 38 s 9 are each amended to read as follows:

(1) A fee of one hundred seventy-five dollars, plus any temporary license fee surcharge that may apply under section 13 of this act, must accompany each retailer's license application or license renewal p.

28 SB 5983 application.

A separate license is required for each separate location at which the retailer operates.

A fee of thirty additional dollars for each vending machine must accompany each application or renewal for a license issued to a retail dealer operating a cigarette vending machine.

An additional fee of ninety-three dollars must accompany each application or renewal for a license issued to a retail dealer operating a cigarette-making machine.

(2) A retailer applying for, or renewing, both a retailer's license under RCW 82.24.510 and a vapor products retailer's license under RCW 70.345.020 may pay a combined application fee of two hundred fifty dollars for both licenses, plus any temporary license fee surcharge that may apply under section 13 of this act.

Sec.

18.

RCW 82.26.170 and 2016 sp.s.

c 38 s 28 are each amended to read as follows:

(1) A fee of one hundred seventy-five dollars, plus any temporary license fee surcharge that may apply under section 13 of this act, shall accompany each retailer's license application or license renewal application.

A separate license is required for each separate location at which the retailer operates.

(2) The fee imposed under subsection (1) of this section does not apply to any person applying for a retailer's license or for renewal of a retailer's license if the person has a valid retailer's license under RCW 82.24.510 for the place of business associated with the retailer's license application or renewal application.

(3) A retailer applying for, or renewing, both a retailer's license under ((RCW 82.26.170)) this section and a vapor products retailer's license under RCW 70.345.020 may pay a combined application fee of two hundred fifty dollars for both licenses , plus any temporary license fee surcharge that may apply under section 13 of this act.

10.19.

SectionIf 3any provision of this act takesor effectits Julyapplication 1,to 2022.any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

11.20.

SectionsThis 1, 2, 4, and 7 of this act aretakes necessaryeffect forJuly the1, immediate2022. preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

p.

29 SB 5983 NEW SECTION.

Sec.

21.

Sections 15 through 18 of this act expire June 30, 2024.

1930 SSBSB 5983