Section 314-55-135 - Discontinue cannabis sales(1)Notification: A licensee must notify the LCB's enforcement and education division in writing if the licensee plans to stop doing business for more than 30 days, or if the licensee plans to permanently discontinue cannabis sales.(2)Discontinued business: Sale of cannabis inventory and stock after discontinuance of business. Notwithstanding any other provision of Title 69 RCW or 314 WAC, a producer, processor or retail licensee who permanently discontinues business for any reason shall dispose of the salable inventory and remaining stock to a LCB approved licensed business at fair market value. Sales below cost are prohibited. The LCB shall require tax expressed as a percent of the total price of the gross sales as reported on the profit and loss statement in the last published monthly report of the LCB. In the event of remaining inventory after sale, the licensee shall notify the enforcement and education division of the LCB. The enforcement division will establish conditions for destruction or arrange for the removal of product.(3)Assumptions: Assumption of license and purchases by licensee of certain cannabis inventory and stock. In the case of a sale of business with a license, after obtaining the approval of the LCB and under the supervision of a representative of the LCB, the licensee may sell the entire inventory at a negotiated fair market price. Sales below cost are prohibited.(4)Evictions. A licensee must notify the LCB's enforcement and education division immediately in writing upon notice of eviction from a licensed premises. Conditions to temporarily relocate and secure inventory will be established by the LCB.(5)Abandoned cannabis inventory or product. In the event a licensee abandons any cannabis on the premises, the property owner or their designated representative should notify the enforcement and education division of the LCB. The enforcement division will work with the property owner to arrange for the removal and/or destruction of product. Any sales or distribution of cannabis by an unlicensed person is subject to the criminal provisions of Title 69 RCW.(6)Maintaining a licensed location. Cannabis licenses are associated with a physical location. Persons operating without a LCB approved licensed location to produce, process, or sell cannabis will be discontinued.Wash. Admin. Code § 314-55-135
Amended by WSR 15-11-107, Filed 5/20/2015, effective 6/20/2015Amended by WSR 16-11-110, Filed 5/18/2016, effective 6/18/2016Amended by WSR 22-14-111, Filed 7/6/2022, effective 8/6/2022Amended by WSR 24-16-064, Filed 7/31/2024, effective 8/31/2024Statutory Authority: RCW 69.50.325, 69.50.331, 69.50.342, 69.50.345. WSR 13-21-104, § 314-55-135, filed 10/21/13, effective 11/21/13. WSR 13-21-003, § 314-55-135, filed 10/3/2013, effective 11/3/2013