Section 314-55-080 - Medical cannabis endorsement(1)A medical can-nabis endorsement added to a cannabis retail license allows the canna-bis retail licensee to:(a) Sell cannabis for medical use to qualifying patients and designated providers; and(b) Provide cannabis at no charge, at their discretion, to qualifying patients and designated providers.(2) Qualifying patients between 18 and 21 years of age with a recognition card may enter and remain on the premises of a retail outlet holding a medical cannabis endorsement and may purchase products for their personal medical use. Qualifying patients who are under the age of 18 with a recognition card and who accompany their designated providers may enter and remain on the premises of a retail outlet holding a medical cannabis endorsement, but may not purchase products for their personal medical use. Only a designated provider may purchase products for a qualifying patient under the age of 18 who holds a valid recognition card.(3)To maintain a medical cannabis endorsement in good standing, a cannabis retailer must:(a) Follow all rules adopted by the department of health regarding retail sales of medical cannabis;(b) Have a consultant on staff in accordance with chapter 246-72 WAC;(c)(i) Have consulting service hours for entering qualifying patients into the medical cannabis database posted alongside hours of operation as required in WAC 314-55-055;(ii) The requirement in (c)(i) of this subsection can be met by posting a window of time where appointments with cannabis consultants can be scheduled;(d) Prohibit the medical use of cannabis by anyone at the retail outlet at all times, including medical use by qualifying patients;(e) Have in stock at all times, or on order, cannabis products that comply with chapter 246-70 WAC;(f) Not market cannabis concentrates, useable cannabis, or cannabis-infused products in a way that make them especially attractive to minors;(g) Maintain the ability to enter qualifying patients and designated providers in the medical cannabis authorization database established by the department of health;(h) Issue recognition cards and agree to enter qualifying patients and designated providers into the database in compliance with the department of health standards;(i) Keep records to document the validity of tax exempt sales as prescribed by the department of revenue for a minimum of five years. For the documentation requirements in RCW 69.50.375 (3)(e), licensees are not required to separately keep copies of the qualifying patient's or designated provider's recognition card because this information is stored in the medical cannabis authorization database;(j) Train employees on the following: (i) Procedures regarding the recognition of valid authorizations and the use of equipment to enter qualifying patients and designated providers into the medical cannabis authorization database;(ii) Recognition of valid recognition cards; and(iii) Recognition of strains, varieties, THC concentration, CBD concentration, and THC to CBD ratios of cannabis concentrates, useable cannabis, and cannabis-infused products available for sale when assisting qualifying patients and designated providers at the retail outlet.(4) The licensee may provide cannabis products comply- ing with chapter 246-70 WAC at no charge to qualifying patients or designated providers.(5)Unlicensed practice of medicine. No owner, employee, or volunteer of a retail outlet and holding a medical cannabis endorsement may: (a) Offer or undertake to diagnose or cure any human or animal disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real or imaginary, by use of cannabis products or any other means or instrumentality; or(b) Recommend or suggest modification or elimination of any course of treatment that does not involve the medical use of cannabis products.(6)(a) Noncompliance with the requirements of subsection (3) of this section may result in the discontinuance of the medical cannabis endorsement.(b)(i) After being notified of noncompliance with the requirements of this section by the board, the endorsement holder shall have at least seven calendar days and no more than 30 calendar days to demonstrate compliance with this section. If noncompliance remains after the deadline identified by the board, the endorsement is discontinued.(ii) If a licensee applies for a medical cannabis endorsement after it has previously been discontinued pursuant to (b)(i) of this subsection, the application and documentation verifying compliance with the requirements of this section must be submitted to the board.(7) Noncompliance with subsection (5) of this section may result in the discontinuance of the medical cannabis endorsement.Wash. Admin. Code § 314-55-080
Adopted by WSR 16-11-110, Filed 5/18/2016, effective 6/18/2016Amended by WSR 18-22-055, Filed 10/31/2018, effective 12/1/2018Amended by WSR 22-14-111, Filed 7/6/2022, effective 8/6/2022Amended by WSR 24-13-095, Filed 6/18/2024, effective 7/19/2024