LCB Acts On Strong Requests For “Suite” of Options In One Timeframe

The Liquor Control Board, LCB, announced today that are revising their timeline for adopting rules for implementation of I-502, Washington’s recreational use, cannabis law. The LCB originally had announced a tentative timeline that was ambitious but proposed to consider and issue separate licenses for producers, processors and retailers. They now have wisely decided to align all three activity licenses into one timeframe. This will allow a business to have the time and credential to consider whether it wants to participate in any or all three segments of the business.

The Board will also use a pre-filing practice to vet the proposed rules before posting them official. Under the State’s Administrative Procedures Act, once a rule has been filed as a CR-102, it can not be changed without starting over. The LCB will conduct an extensive vetting and public input process to attempt to file down the rule before it’s formal issuance.

But Are They Watching?

It seems that the LCB is aware of the hearings and the issues pertaining to cannabis in the legislature, but, they must move on. The legislature is considering bills to essentially rewrite the MMJ law (SB 5887), and “tweek” (HB 2000) the new I-502 law, and others. The “tweek” will take a 2/3’s vote in both chambers since it has not been twenty-four months since the passage of I-502. The State Constitution protects newly passed initiatives from alteration for two years with a 2/3’s vote requirement for amendments.

Full LCB post below:

Dear I-502 Stakeholders,
The Washington State Liquor Control Board (WSLCB) today adopted its official timeline for implementing I-502. This replaces the tentative timeline that has been posted on our website since December.

This official timeline is based on input from the public forums, our research, and all that we’ve learned in the months since the November election. The WSLCB is on track to meet the December 1 deadline required by I-502.

Key Elements of the Official Timeline

The WSLCB will begin vetting draft rules with stakeholders in mid-May. This means that we will send draft rules via the Listserv to get your input before formally filing draft rules in mid-June. After you officially file draft rules – it’s called a CR 102 – any significant changes require the agency to start the process over. By vetting the rules with stakeholders before filing the CR 102 the process will be more efficient.

The draft rules will be for all license types rather than one at a time. This means that any potential licensee will have a view of the entire recreational marijuana business landscape before deciding whether to apply for a license.
Under this timeline, the rules will be effective in August, the WSLCB will accept applications for all license types in September and issue licenses as early as December 1, 2013.

Thank you again for subscribing to the I-502 listserv.

Official Timeline Adopted April 17, 2013

The below timeline is the Washington State Liquor Control Board’s (WSLCB) official timeline for implementation of Initiative 502. The Board and staff are working from this timeline going forward. By law, the WSLCB must have the rules written by December 1, 2013. The agency is on track to meet this deadline.
If and/or when timeframes change we will communicate those changes via the WSLCB Listserv and our agency Twitter.

Date (2013)                 Milestone
Mid May                      Send draft rules to stakeholders for comment
Mid June                     CR102 (draft rules) filed for the Producer, Processor and Retailer Licenses. The CR102 allows the WSLCB to seek public comment on draft rule language developed with input from the public during the initial comment period.*
Small Business Economic Impact Statement issued with CR 102.

Late July                     Public hearing/s on rules for the Producer, Processor and Retailer Licenses allowing the public to comment on the draft rule language.

Rules adopted.
Late August                 Rules become effective.
September                  WSLCB begin accepting Producer, Processor and Retail License applications.

December 1                Rules are complete (as mandated by law). WSLCB begins issuing Producer, Processor and Retail licenses to qualified applicants.

* Should the draft rules need substantial changes after submitting for comment, the WSLCB is required by law to resubmit the CR 102. Resubmitting the CR 102 could move the license issuance date to late December 2013.
For more information on the implementation of I502 and to join our listserv to receive email updates, please visit our website at www.liq.wa.gov.

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