Wash. Admin. Code § 314-55-079

Current through Register Vol. 24-13, July 1, 2024
Section 314-55-079 - Cannabis retailer license-Privileges, requirements, and fees
(1) A cannabis retailer license allows the licensee to sell only useable cannabis, cannabis concentrates, cannabis-infused products, cannabis paraphernalia, and lockable boxes to store cannabis at retail in licensed retail outlets to persons 21 years of age and older, except as allowed for persons under 21 years of age consistent with RCW 69.50.357 and WAC 314-55-080.
(2) The board may accept applications for cannabis retail licenses at time frames published on its website at lcb.wa.gov. Using estimated consumption data and population data obtained from the office of financial management (OFM) population data, the board will determine the maximum number of cannabis retail locations per county.
(a) The number of retail locations will be determined using a method that distributes the number of locations proportionate to the most populous cities within each county and to accommodate the medical needs of qualifying patients and designated providers. Locations not assigned to a specific city will be at large. At large locations can be used for unincorporated areas in the county or in cities within the county that have no retail licenses designated.

Consistent with WAC 314-55-570(4)(d), social equity licenses that are currently designated to specific cities may be located anywhere within the county in which the city is located. A license may not be transferred outside of that county.

(b) The number of retail licenses determined by the board can be found on the board website at lcb.wa.gov.
(3) Any entity and/or principals within any entity are limited to no more than five retail cannabis licenses.
(4)Application and license fees.
(a) The application fee for a cannabis retailer's license is $250 consistent with RCW 69.50.325(3)(a). The applicant is responsible for fees required by the approved vendor for fingerprint evaluation.
(b) The annual fee for issuance and renewal of a cannabis retailer license is $1,381 consistent with RCW 69.50.325(3)(a). The board will conduct random background checks at the time of renewal that will require the licensee to submit fingerprints for evaluation from the approved vendor. The licensee is responsible for all fees required for the background checks.
(5) Internet sales and delivery of product to customers is prohibited.
(6) Sales of cannabis-infused products not permissible under WAC 314-55-077 are prohibited.
(7) Cannabis retailers may not sell cannabis products below the current acquisition cost.
(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.
(9) A cannabis retailer may not sell lockable boxes for less than the cost of acquisition or sell boxes received as a donation. The donation of lockable boxes must come from a person or entity that is not a licensed cannabis producer, processor, or retailer.
(10) Cannabis retailer licensees are allowed to have a maximum of four months of their average inventory on their licensed premises at any given time.
(11) A cannabis retailer may transport product to other locations operated by the licensee or to return product to a cannabis processor as outlined in WAC 314-55-085.
(12) A cannabis 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.
(13) A cannabis retailer may dispose of cannabis products as provided in WAC 314-55-097.
(14) The board may take disciplinary action against any cannabis retailer that fails to comply with the provisions of WAC 246-80-021.

Wash. Admin. Code § 314-55-079

Amended by WSR 14-10-044, filed 4/30/14, effective 5/31/2014
Amended by WSR 15-11-107, Filed 5/20/2015, effective 6/20/2015
Amended by WSR 16-11-110, Filed 5/18/2016, effective 6/18/2016
Amended by WSR 16-19-102, Filed 9/21/2016, effective 10/22/2016
Amended by WSR 18-22-055, Filed 10/31/2018, effective 12/1/2018
Amended by WSR 21-15-124, Filed 7/21/2021, effective 8/21/2021
Amended by WSR 22-21-058, Filed 10/12/2022, effective 11/12/2022
Statutory Authority: RCW 69.50.325, 69.50.331, 69.50.342, 69.50.345. WSR 13-21-104, § 314-55-079, filed 10/21/13, effective 11/21/13. WSR 13-21-003, § 314-55-079, filed 10/3/2013, effective 11/3/2013