Liquor Control Board staff to recommend re-filing proposed marijuana rules to accommodate public input

From the Washington State Liquor Control Board:

Staff of the Washington State Liquor Control Board (WSLCB) will recommend the Board re-file the rules necessary to implement Initiative 502 to allow time to consider recent input.

Under the current schedule, the Board was expected to adopt the final rules at its regularly scheduled Board meeting tomorrow. Should the Board accept staff’s recommendation, staff will come back to the Board on September 4, 2013, with revised proposed rules.

Since filing the proposed rules on July 3, 2013, the Board and WSLCB staff received sufficient input to warrant re-filing the proposed rules. Last week, the Board held five public hearings across the state to solicit input. Under the state Administrative Procedures act, an agency must re-file proposed rules if there are any substantive changes.

Should the Board accept the proposed rules on September 4, 2013, staff will immediately file a new CR 102 (proposed rulemaking) with the Code Reviser’s Office and begin a six week schedule of collecting public input and holding at least one public hearing. The agency’s published timeline will be adjusted to reflect the new schedule. The WSLCB remains on schedule to meet the I-502 required deadline of having rules in place by December 1, 2013.

Key elements of the rules that will be included in the revised proposed rules include: limiting the amount of total marijuana production, identifying the number of retail locations per county and their locations, identifying the total amount of product that a licensee may have on hand, as well as further clarifying certain definitions and other revisions.

“The process is working exactly as it should,” said agency director Rick Garza. “Potential licensees, local governments, law enforcement and the general public all deserve clarity and certainty in the rules. Our stakeholders are not telling us to hurry up. In fact, they are asking us to consider their comments for the proposed rules. Their input now will only help strengthen and improve the rules that will govern Washington’s system of legal marijuana.”

Revised Proposed Rulemaking Schedule

·         September 4, 2013          File Supplemental CR 102 with revised proposed rules

·         October 9, 2013              Public Hearing (Location TBD)

·         October 16, 2013            Board Adoption (CR 103)

·         November 16, 2013         Rules become effective

·         Nov. 18 - Dec. 18, 2013   WSLCB accepts applications (30-day window)

The Board will hear staff’s recommendation at its regularly scheduled Board meeting at 10:00 a.m. on Wednesday August 14, 2013. The address is 3000 Pacific Avenue in Olympia.

For more information on the implementation of I-502, including fact sheets, FAQs, a revised timeline, and an opportunity to sign up for email alerts, please visit the WSLCB website at www.liq.wa.gov.