title: RCW 69.50.550

text:
(1) The Washington state institute for public policy shall conduct cost-benefit evaluations of the implementation of chapter 3, Laws of 2013. A preliminary report, and recommendations to appropriate committees of the legislature, shall be made by September 1, 2015, and the first final report with recommendations by September 1, 2017. Subsequent reports shall be due September 1, 2022, and September 1, 2032.
(2) The evaluation of the implementation of chapter 3, Laws of 2013 shall include, but not necessarily be limited to, consideration of the following factors:
(a) Public health, to include but not be limited to:
(i) Health costs associated with cannabis use;
(ii) Health costs associated with criminal prohibition of cannabis, including lack of product safety or quality control regulations and the relegation of cannabis to the same illegal market as potentially more dangerous substances; and
(iii) The impact of increased investment in the research, evaluation, education, prevention and intervention programs, practices, and campaigns identified in RCW 69.50.363 on rates of cannabis-related maladaptive substance use and diagnosis of cannabis-related substance use disorder, substance abuse, or substance dependence, as these terms are defined in the Diagnostic and Statistical Manual of Mental Disorders;
(b) Public safety, to include but not be limited to:
(i) Public safety issues relating to cannabis use; and
(ii) Public safety issues relating to criminal prohibition of cannabis;
(c) Youth and adult rates of the following:
(i) Cannabis use;
(ii) Maladaptive use of cannabis; and
(iii) Diagnosis of cannabis-related substance use disorder, substance abuse, or substance dependence, including primary, secondary, and tertiary choices of substance;
(d) Economic impacts in the private and public sectors, including but not limited to:
(i) Jobs creation;
(ii) Workplace safety;
(iii) Revenues; and
(iv) Taxes generated for state and local budgets;
(e) Criminal justice impacts, to include but not be limited to:
(i) Use of public resources like law enforcement officers and equipment, prosecuting attorneys and public defenders, judges and court staff, the Washington state patrol crime lab and identification and criminal history section, jails and prisons, and misdemeanant and felon supervision officers to enforce state criminal laws regarding cannabis; and
(ii) Short and long-term consequences of involvement in the criminal justice system for persons accused of crimes relating to cannabis, their families, and their communities; and
(f) State and local agency administrative costs and revenues.
[ 2022 c 16 s 103; 2013 c 3 s 30 (Initiative Measure No. 502, approved November 6, 2012).]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

catchline: Cost-benefit evaluations.


doc_type: statute

jurisdiction: wa

title: RCW 69.50.555

text:
The taxes, fees, assessments, and other charges imposed by this chapter do not apply to commercial activities related to the production, processing, sale, and possession of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products covered by an agreement entered into under RCW 43.06.490.
[ 2022 c 16 s 104; 2015 c 207 s 3.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—Finding—2015 c 207: See note following RCW 43.06.490.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Taxes, fees, assessments, charges—Commercial activities covered by cannabis agreement between state and tribe.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 69.50.560

text:
(1) The board may conduct controlled purchase programs to determine whether:
(a) A cannabis retailer is unlawfully selling cannabis to persons under the age of twenty-one;
(b) A cannabis retailer holding a medical cannabis endorsement is selling to persons under the age of eighteen or selling to persons between the ages of eighteen and twenty-one who do not hold valid recognition cards; or
(c) A cooperative organized under RCW 69.51A.250 is permitting a person under the age of twenty-one to participate.
(2) Every person under the age of twenty-one years who purchases or attempts to purchase cannabis is guilty of a violation of this section. This section does not apply to:
(a) Persons between the ages of eighteen and twenty-one who hold valid recognition cards and purchase cannabis at a cannabis retail outlet holding a medical cannabis endorsement;
(b) Persons between the ages of eighteen and twenty-one years who are participating in a controlled purchase program authorized by the board under rules adopted by the board. Violations occurring under a private, controlled purchase program authorized by the board may not be used for criminal or administrative prosecution.
(3) A cannabis retailer who conducts an in-house controlled purchase program authorized under this section shall provide his or her employees a written description of the employer's in-house controlled purchase program. The written description must include notice of actions an employer may take as a consequence of an employee's failure to comply with company policies regarding the sale of cannabis during an in-house controlled purchase program.
(4) An in-house controlled purchase program authorized under this section shall be for the purposes of employee training and employer self-compliance checks. A cannabis retailer may not terminate an employee solely for a first-time failure to comply with company policies regarding the sale of cannabis during an in-house controlled purchase program authorized under this section.
(5) Every person between the ages of eighteen and twenty-one who is convicted of a violation of this section is guilty of a misdemeanor punishable as provided by RCW 9A.20.021.
[ 2022 c 16 s 105; 2015 c 70 s 33.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2015 c 70 ss 21, 22, 32, and 33: See note following RCW 69.51A.230.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Controlled purchase programs—Persons under age twenty-one—Violation—Criminal penalty—Exceptions.


title: RCW 69.50.561

text:
(1) The board may grant a licensee's application for advice and consultation as provided in RCW 69.50.342(3) and visit the licensee's licensed premises in order to provide such advice and consultation. Advice and consultation services are limited to the matters specified in the request affecting the interpretation and applicability of the standards in this chapter to the conditions, structures, machines, equipment, apparatus, devices, materials, methods, means, and practices in the licensee's licensed premises. The board may provide for an alternative means of affording consultation and advice other than on-site consultation.
(2) The board must make recommendations on eliminating areas of concern disclosed within the scope of the on-site consultation. A visit to a licensee's licensed premises may not be considered an inspection or investigation under this chapter. During the visit, the board may not issue notices or citations and may not assess civil penalties. However, if the on-site visit discloses a violation with a direct or immediate relationship to public safety and the violation is not corrected, the board may investigate.
(3) This section does not provide immunity to a licensee who has applied for consultative services from inspections or investigations conducted under this chapter or from any inspection conducted as a result of a complaint before, during, or after the provision of consultative services.
(4) This section does not require an inspection of a licensee's licensed premises that has been visited for consultative purposes. However, if the premises are inspected after a visit, the board may consider any information obtained during the consultation visit in determining the nature of an alleged violation and the amount of penalties to be assessed, if any.
(5) Rules adopted under RCW 69.50.562 must provide that violations with a direct or immediate relationship to public safety discovered during the consultation visit must be corrected within a specified period of time and an inspection must be conducted at the end of that time period.
(6) All licensees requesting consultative services must be advised of this section and the rules adopted by the board relating to the voluntary compliance program. Valuable formulae or financial or proprietary commercial information records received during a consultative visit or while providing consultative services in accordance with this section are not subject to inspection pursuant to chapter 42.56 RCW.
(7) The board may adopt rules on the frequency, manner, and method of providing consultative services to licensees. Rules may include scheduling of consultative services and prioritizing requests for the services while maintaining the enforcement requirements of this chapter.
[ 2019 c 394 s 5.]
Notes:
Findings—2019 c 394: See note following RCW 69.50.563.

catchline: Advice and consultation services—Licensed cannabis businesses.


title: RCW 69.50.562

text:
(1) The board must prescribe procedures for the following:
(a) Issuance of written warnings or notices to correct in lieu of penalties, sanctions, or other violations with respect to regulatory violations that have no direct or immediate relationship to public safety as defined by the board;
(b) Waiving any fines, civil penalties, or administrative sanctions for violations, that have no direct or immediate relationship to public safety, and are corrected by the licensee within a reasonable amount of time as designated by the board; and
(c) A compliance program in accordance with chapter 43.05 RCW and RCW 69.50.342, whereby licensees may request compliance assistance and inspections without issuance of a penalty, sanction, or other violation provided that any noncompliant issues are resolved within a specified period of time.
(2) The board must adopt rules prescribing penalties for violations of this chapter. The board:
(a) May establish escalating penalties for violation of this chapter, provided that the cumulative effect of any such escalating penalties cannot last beyond two years and the escalation applies only to multiple violations that are the same or similar in nature;
(b) May not include cancellation of a license for a single violation, unless the board can prove by a preponderance of the evidence:
(i) Diversion of cannabis product to the illicit market or sales across state lines;
(ii) Furnishing of cannabis product to minors;
(iii) Diversion of revenue to criminal enterprises, gangs, cartels, or parties not qualified to hold a cannabis license based on criminal history requirements;
(iv) The commission of noncannabis-related crimes; or
(v) Knowingly making a misrepresentation of fact to the board, an officer of the board, or an employee of the board related to conduct or an action that is, or alleged to be, any of the violations identified in (b)(i) through (iv) of this subsection (2);
(c) May include cancellation of a license for cumulative violations only if a cannabis licensee commits at least four violations within a two-year period of time;
(d) Must consider aggravating and mitigating circumstances and deviate from the prescribed penalties accordingly, and must authorize enforcement officers to do the same, provided that such penalty may not exceed the maximum escalating penalty prescribed by the board for that violation; and
(e) Must give substantial consideration to mitigating any penalty imposed on a licensee when there is employee misconduct that led to the violation and the licensee:
(i) Established a compliance program designed to prevent the violation;
(ii) Performed meaningful training with employees designed to prevent the violation; and
(iii) Had not enabled or ignored the violation or other similar violations in the past.
(3) The board may not consider any violation that occurred more than two years prior as grounds for denial, suspension, revocation, cancellation, or nonrenewal, unless the board can prove by a preponderance of the evidence that the prior administrative violation evidences:
(a) Diversion of cannabis product to the illicit market or sales across state lines;
(b) Furnishing of cannabis product to minors;
(c) Diversion of revenue to criminal enterprises, gangs, cartels, or parties not qualified to hold a cannabis license based on criminal history requirements;
(d) The commission of noncannabis-related crimes; or
(e) Knowingly making a misrepresentation of fact to the board, an officer of the board, or an employee of the board related to conduct or an action that is, or is alleged to be, any of the violations identified in (a) through (d) of this subsection (3).
[ 2022 c 16 s 106; 2019 c 394 s 6.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—2019 c 394: See note following RCW 69.50.563.

catchline: Licensed cannabis businesses—Written warnings—Waiver of sanctions with no relationship to public safety—Compliance program—Penalties—Rules.


title: RCW 69.50.563

text:
(1) The board may issue a civil penalty without first issuing a notice of correction if:
(a) The licensee has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule or has been given previous notice of the same or similar type of violation of the same statute or rule;
(b) Compliance is not achieved by the date established by the board in a previously issued notice of correction and if the board has responded to a request for review of the date by reaffirming the original date or establishing a new date; or
(c) The board can prove by a preponderance of the evidence:
(i) Diversion of cannabis product to the illicit market or sales across state lines;
(ii) Furnishing of cannabis product to minors;
(iii) Diversion of revenue to criminal enterprises, gangs, cartels, or parties not qualified to hold a cannabis license based on criminal history requirements;
(iv) The commission of noncannabis-related crimes; or
(v) Knowingly making a misrepresentation of fact to the board, an officer of the board, or an employee of the board related to conduct or an action that is, or is alleged to be, any of the violations identified in (c)(i) through (iv) of this subsection (1).
(2) The board may adopt rules to implement this section and RCW 43.05.160.
[ 2022 c 16 s 107; 2019 c 394 s 3.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—2019 c 394: "The legislature finds that:
(1) In the years since the creation of a legal and regulated marketplace for adult use of cannabis, the industry, stakeholders, and state agencies have collaborated to develop a safe, fully regulated marketplace.
(2) As the regulated marketplace has been developing, Washington residents with a strong entrepreneurial spirit have taken great financial and personal risk to become licensed and part of this nascent industry.
(3) It should not be surprising that mistakes have been made both by licensees and regulators, and that both have learned from these mistakes leading to a stronger, safer industry.
(4) While a strong focus on enforcement is an important component of the regulated marketplace, a strong focus on compliance and education is also critically necessary to assist licensees who strive for compliance and in order to allow the board to focus its enforcement priorities on those violations that directly harm public health and safety.
(5) The risk taking entrepreneurs who are trying to comply with board regulations should not face punitive consequences for mistakes made during this initial phase of the industry that did not pose a direct threat to public health and safety." [ 2019 c 394 s 1.]

catchline: Licensed cannabis businesses—Civil penalty—Rules.


title: RCW 69.50.564

text:
(1) This section applies to the board's issuance of administrative violations to licensed cannabis producers, processors, retailers, transporters, and researchers, when a settlement conference is held between a hearing officer or designee of the board and the cannabis licensee that received a notice of an alleged administrative violation or violations.
(2) If a settlement agreement is entered between a cannabis licensee and a hearing officer or designee of the board at or after a settlement conference, the terms of the settlement agreement must be given substantial weight by the board.
(3) For the purposes of this section:
(a) "Settlement agreement" means the agreement or compromise between a licensed cannabis producer, processor, retailer, researcher, transporter, or researcher and the hearing officer or designee of the board with authority to participate in the settlement conference, that:
(i) Includes the terms of the agreement or compromise regarding an alleged violation or violations by the licensee of this chapter, chapter 69.51A RCW, or rules adopted under either chapter, and any related penalty or licensing restriction; and
(ii) Is in writing and signed by the licensee and the hearing officer or designee of the board.
(b) "Settlement conference" means a meeting or discussion between a licensed cannabis producer, processor, retailer, researcher, transporter, researcher, or authorized representative of any of the preceding licensees, and a hearing officer or designee of the board, held for purposes such as discussing the circumstances surrounding an alleged violation of law or rules by the licensee, the recommended penalty, and any aggravating or mitigating factors, and that is intended to resolve the alleged violation before an administrative hearing or judicial proceeding is initiated.
[ 2022 c 16 s 108; 2019 c 394 s 8.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—2019 c 394: See note following RCW 69.50.563.

catchline: Licensed cannabis businesses—Settlement agreement.


title: RCW 69.50.565

text:
(1) Whenever the board determines that a limited liability business entity has collected trust fund taxes and has failed to remit those taxes to the board and that business entity has been terminated, dissolved, or abandoned, or is insolvent, the board may pursue collection of the entity's unpaid trust fund taxes, including penalties on those taxes, against any or all of the responsible individuals. For purposes of this subsection, "insolvent" means the condition that results when the sum of the entity's debts exceeds the fair market value of its assets. The board may presume that an entity is insolvent if the entity refuses to disclose to the board the nature of its assets and liabilities.
(2)(a) For a responsible individual who is the current or a former chief executive or chief financial officer, liability under this section applies regardless of fault or whether the individual was or should have been aware of the unpaid trust fund tax liability of the limited liability business entity.
(b) For any other responsible individual, liability under this section applies only if he or she willfully failed to pay or to cause to be paid to the board the trust fund taxes due from the limited liability business entity.
(3)(a) Except as provided in this subsection (3)(a), a responsible individual who is the current or a former chief executive or chief financial officer is liable under this section only for trust fund tax liability accrued during the period that he or she was the chief executive or chief financial officer. However, if the responsible individual had the responsibility or duty to remit payment of the limited liability business entity's trust fund taxes to the board during any period of time that the person was not the chief executive or chief financial officer, that individual is also liable for trust fund tax liability that became due during the period that he or she had the duty to remit payment of the limited liability business entity's taxes to the board but was not the chief executive or chief financial officer.
(b) All other responsible individuals are liable under this section only for trust fund tax liability that became due during the period he or she had the responsibility or duty to remit payment of the limited liability business entity's taxes to the board.
(4) Persons described in subsection (3)(b) of this section are exempt from liability under this section in situations where nonpayment of the limited liability business entity's trust fund taxes was due to reasons beyond their control as determined by the board by rule.
(5) Any person having been issued a notice of unpaid trust fund taxes under this section is entitled to an administrative hearing under RCW 69.50.334 and any such rules the board may adopt.
(6) This section does not relieve the limited liability business entity of its trust fund tax liability or otherwise impair other tax collection remedies afforded by law.
(7) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Board" means the state liquor and cannabis board.
(b) "Chief executive" means: The president of a corporation or for other entities or organizations other than corporations or if the corporation does not have a president as one of its officers, the highest ranking executive manager or administrator in charge of the management of the company or organization.
(c) "Chief financial officer" means: The treasurer of a corporation or for entities or organizations other than corporations or if a corporation does not have a treasurer as one of its officers, the highest senior manager who is responsible for overseeing the financial activities of the entire company or organization.
(d) "Limited liability business entity" means a type of business entity that generally shields its owners from personal liability for the debts, obligations, and liabilities of the entity, or a business entity that is managed or owned in whole or in part by an entity that generally shields its owners from personal liability for the debts, obligations, and liabilities of the entity. Limited liability business entities include corporations, limited liability companies, limited liability partnerships, trusts, general partnerships and joint ventures in which one or more of the partners or parties are also limited liability business entities, and limited partnerships in which one or more of the general partners are also limited liability business entities.
(e) "Manager" has the same meaning as in *RCW 25.15.005.
(f) "Member" has the same meaning as in *RCW 25.15.005, except that the term only includes members of member-managed limited liability companies.
(g) "Officer" means any officer or assistant officer of a corporation, including the president, vice president, secretary, and treasurer.
(h)(i) "Responsible individual" includes any current or former officer, manager, member, partner, or trustee of a limited liability business entity with unpaid trust fund tax liability.
(ii) "Responsible individual" also includes any current or former employee or other individual, but only if the individual had the responsibility or duty to remit payment of the limited liability business entity's unpaid trust fund tax liability.
(iii) Whenever any taxpayer has one or more limited liability business entities as a member, manager, or partner, "responsible individual" also includes any current and former officers, members, or managers of the limited liability business entity or entities or of any other limited liability business entity involved directly in the management of the taxpayer. For purposes of this subsection (7)(h)(iii), "taxpayer" means a limited liability business entity with unpaid trust fund taxes.
(i) "Trust fund taxes" means taxes collected from buyers and deemed held in trust under RCW 69.50.535.
(j) "Willfully failed to pay or to cause to be paid" means that the failure was the result of an intentional, conscious, and voluntary course of action.
[ 2015 2nd sp.s. c 4 s 202.]
Notes:
*Reviser's note: RCW 25.15.005 was repealed by 2015 c 188 s 108, effective January 1, 2016.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

catchline: Unpaid trust fund taxes—Limited liability business entities—Liability of responsible individuals—Administrative hearing.


title: RCW 69.50.570

text:
(1)(a) Except as provided in (b) of this subsection, a retail sale of a bundled transaction that includes cannabis product is subject to the tax imposed under RCW 69.50.535 on the entire selling price of the bundled transaction.
(b) If the selling price is attributable to products that are taxable and products that are not taxable under RCW 69.50.535, the portion of the price attributable to the nontaxable products are subject to the tax imposed by RCW 69.50.535 unless the seller can identify by reasonable and verifiable standards the portion that is not subject to tax from its books and records that are kept in the regular course of business for other purposes including, but not limited to, nontax purposes.
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Bundled transaction" means:
(i) The retail sale of two or more products where the products are otherwise distinct and identifiable, are sold for one nonitemized price, and at least one product is a cannabis product subject to the tax under RCW 69.50.535; and
(ii) A cannabis product provided free of charge with the required purchase of another product. A cannabis product is provided free of charge if the sales price of the product purchased does not vary depending on the inclusion of the cannabis product provided free of charge.
(b) "Cannabis product" means "useable cannabis," "cannabis concentrates," and "cannabis-infused products" as defined in RCW 69.50.101.
(c) "Distinct and identifiable products" does not include packaging such as containers, boxes, sacks, bags, and bottles, or materials such as wrapping, labels, tags, and instruction guides, that accompany the retail sale of the products and are incidental or immaterial to the retail sale thereof. Examples of packaging that are incidental or immaterial include grocery sacks, shoeboxes, and dry cleaning garment bags.
(d) "Selling price" has the same meaning as in RCW 82.08.010, except that when product is sold under circumstances where the total amount of consideration paid for the product is not indicative of its true value, "selling price" means the true value of the product sold.
(e) "True value" means market value based on sales at comparable locations in this state of the same or similar product of like quality and character sold under comparable conditions of sale to comparable purchasers. However, in the absence of such sales of the same or similar product, "true value" means the value of the product sold as determined by all of the seller's direct and indirect costs attributable to the product.
[ 2022 c 16 s 109; 2015 2nd sp.s. c 4 s 210.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

catchline: Bundled transactions—Retail sales—Subject to tax—Exception.


title: RCW 69.50.575

text:
(1) Cannabis health and beauty aids are not subject to the regulations and penalties of this chapter that apply to cannabis, cannabis concentrates, or cannabis-infused products.
(2) For purposes of this section, "cannabis health and beauty aid" means a product containing parts of the cannabis plant and which:
(a) Is intended for use only as a topical application to provide therapeutic benefit or to enhance appearance;
(b) Contains a THC concentration of not more than 0.3 percent;
(c) Does not cross the blood-brain barrier; and
(d) Is not intended for ingestion by humans or animals.
[ 2022 c 16 s 110; 2015 2nd sp.s. c 4 s 701.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

catchline: Cannabis health and beauty aids.


title: RCW 69.50.580

text:
(1) Applicants for a cannabis producer's, cannabis processor's, cannabis researcher's or cannabis retailer's license under this chapter must display a sign provided by the board on the outside of the premises to be licensed notifying the public that the premises are subject to an application for such license. The sign must:
(a) Contain text with content sufficient to notify the public of the nature of the pending license application, the date of the application, the name of the applicant, and contact information for the board;
(b) Be conspicuously displayed on, or immediately adjacent to, the premises subject to the application and in the location that is most likely to be seen by the public;
(c) Be of a size sufficient to ensure that it will be readily seen by the public; and
(d) Be posted within seven business days of the submission of the application to the board.
(2) The board must adopt such rules as are necessary for the implementation of this section, including rules pertaining to the size of the sign and the text thereon, the textual content of the sign, the fee for providing the sign, and any other requirements necessary to ensure that the sign provides adequate notice to the public.
(3)(a) A city, town, or county may adopt an ordinance requiring individual notice by an applicant for a cannabis producer's, cannabis processor's, cannabis researcher's, or cannabis retailer's license under this chapter, sixty days prior to issuance of the license, to any elementary or secondary school, playground, recreation center or facility, child care center, church, public park, public transit center, library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older, that is within one thousand feet of the perimeter of the grounds of the establishment seeking licensure. The notice must provide the contact information for the board where any of the owners or operators of these entities may submit comments or concerns about the proposed business location.
(b) For the purposes of this subsection, "church" means a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith.
[ 2022 c 16 s 111; 2015 2nd sp.s. c 4 s 801.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

catchline: Applicants for cannabis producer's, processor's, researcher's, or retailer's licenses—Signage—Public notice requirements.


title: RCW 69.50.585

text:
(1)(a) Nothing in this chapter prohibits a producer or processor from providing retailers branded promotional items which are of nominal value, singly or in the aggregate. Such items include but are not limited to: Lighters, postcards, pencils, matches, shirts, hats, visors, and other similar items. Branded promotional items:
(i) Must be used exclusively by the retailer or its employees in a manner consistent with its license;
(ii) Must bear imprinted advertising matter of the producer or processor only;
(iii) May be provided by a producer or processor only to retailers and their employees and may not be provided by or through retailers or their employees to retail customers; and
(iv) May not be targeted to youth, including any: (A) Statement, picture, or illustration that depicts a child or other person under legal age for consuming cannabis; (B) objects, such as toys or characters, suggesting the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons under legal age to consume cannabis; (C) advertising designed in any manner that would be especially appealing to children or other persons under twenty-one years of age; or (D) advertising implying that the consumption of cannabis is fashionable or the accepted course of behavior for persons under twenty-one years of age.
(b) A producer or processor is not obligated to provide any such branded promotional items, and a retailer may not require a producer or processor to provide such branded promotional items as a condition for selling any cannabis to the retailer.
(c) Any producer, processor, or retailer or any other person asserting that the provision of branded promotional items as allowed in (a) of this subsection has resulted or is more likely than not to result in undue influence or an adverse impact on public health and safety, or is otherwise inconsistent with the criteria in (a) of this subsection may file a complaint with the state liquor and cannabis board. Upon receipt of a complaint the state liquor and cannabis board may conduct such investigation as it deems appropriate in the circumstances. If the investigation reveals the provision of branded promotional items has resulted in or is more likely than not to result in undue influence or has resulted or is more likely than not to result in an adverse impact on public health and safety or is otherwise inconsistent with (a) of this subsection the state liquor and cannabis board may issue an administrative violation notice to the producer, processor, or retailer. The recipient of the administrative violation notice may request a hearing under chapter 34.05 RCW.
(2) Nothing in this chapter prohibits:
(a) Producers or processors from listing on their internet websites information related to retailers who sell or promote their products, including direct links to the retailers' internet websites; and
(b) Retailers from listing on their internet websites information related to producers or processors whose products those retailers sell or promote, including direct links to the producers or processors' websites; or
(c) Producers, processors, and retailers from producing, jointly or together with regional, state, or local industry associations, brochures and materials promoting tourism in Washington state which contain information regarding retail licensees, producers, processors, and their products.
(3) Nothing in this chapter prohibits the performance of personal services offered from time to time by a producer or processor to retailers when the personal services are (a) conducted at a licensed premises, and (b) intended to inform, educate, or enhance customers' knowledge or experience of the manufacturer's products. The performance of personal services may include participation in events and the use of informational or educational activities at the premises of a retailer holding a license under this chapter. A producer or processor is not obligated to perform any such personal services, and a retail licensee may not require a producer or processor to conduct any personal service as a condition for selling cannabis to the retail licensee.
(4) For the purposes of this section, "nominal value" means a value of thirty dollars or less.
[ 2016 sp.s. c 17 s 1.]

catchline: Branded promotional items—Nominal value—Personal services.


title: RCW 69.50.587

text:
The liquor and cannabis board may adopt rules that address the findings and recommendations in the task force reports provided under *RCW 43.21A.735.
[ 2019 c 277 s 4.]
Notes:
*Reviser's note: RCW 43.21A.735 expired December 31, 2022.

catchline: Cannabis science task force reports—Board rules.


title: RCW 69.50.601

text:
(a) [(1)] Prosecution for any violation of law occurring prior to May 21, 1971 is not affected or abated by this chapter. If the offense being prosecuted is similar to one set out in Article IV of this chapter, then the penalties under Article IV apply if they are less than those under prior law.
(b) [(2)] Civil seizures or forfeitures and injunctive proceedings commenced prior to May 21, 1971 are not affected by this chapter.
(c) [(3)] All administrative proceedings pending under prior laws which are superseded by this chapter shall be continued and brought to a final determination in accord with the laws and rules in effect prior to May 21, 1971. Any substance controlled under prior law which is not listed within Schedules I through V, is automatically controlled without further proceedings and shall be listed in the appropriate schedule.
(d) [(4)] The commission shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled substance prior to May 21, 1971 and who are registered or licensed by the state.
(e) [(5)] This chapter applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following May 21, 1971.
[ 2013 c 19 s 112; 1971 ex.s. c 308 s 69.50.601.]

catchline: Pending proceedings.


title: RCW 69.50.602

text:
Any orders and rules promulgated under any law affected by this chapter and in effect on May 21, 1971 and not in conflict with it continue in effect until modified, superseded or repealed.
[ 1971 ex.s. c 308 s 69.50.602.]

catchline: Continuation of rules.


title: RCW 69.50.603

text:
This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.
[ 1971 ex.s. c 308 s 69.50.603.]

catchline: Uniformity of interpretation.


title: RCW 69.50.604

text:
This chapter may be cited as the Uniform Controlled Substances Act.
[ 1971 ex.s. c 308 s 69.50.604.]

catchline: Short title.


title: RCW 69.50.611

text:
The state of Washington fully occupies and preempts the entire field of setting penalties for violations of the controlled substances act. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to controlled substances that are consistent with this chapter. Such local ordinances shall have the same penalties as provided for by state law. Local laws and ordinances that are inconsistent with the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of the city, town, county, or municipality.
[ 1989 c 271 s 601.]

catchline: State preemption.


title: RCW 69.50.612

text:
(1) The state of Washington hereby fully occupies and preempts the entire field of drug paraphernalia regulation within the boundaries of the state including regulation of the use, selling, giving, delivery, and possession of drug paraphernalia, except as provided in subsection (2) of this section. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to drug paraphernalia that are specifically authorized by state law and are consistent with this chapter. Such local ordinances must have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law may not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
(2) Nothing in this chapter shall be construed to prohibit cities or counties from enacting laws or ordinances relating to the establishment or regulation of harm reduction services concerning drug paraphernalia.
[ 2023 sp.s. c 1 s 8.]
Notes:
Effective date—2023 sp.s. c 1 ss 1-5, 7-11, and 41: See note following RCW 69.50.4011.

catchline: State preemption—Drug paraphernalia.


title: RCW 69.50.700

text:
The board must use expedited rule making under RCW 34.05.353 to replace the term "marijuana" with the term "cannabis" throughout Title 314 WAC.
[ 2022 c 16 s 168.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.

catchline: Expedited rule making.


title: RCW 69.50.710

text:
The term "marijuana" as used under federal law generally refers to the term "cannabis" used throughout the Revised Code of Washington.
[ 2022 c 16 s 169.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.

catchline: Federal law—"Marijuana" to refer to "cannabis."


title: RCW 69.51.010

text:
This chapter may be cited as the Controlled Substances Therapeutic Research Act.
[ 1979 c 136 s 1.]


title: RCW 69.51.020

text:
The legislature finds that recent research has shown that the use of cannabis may alleviate the nausea and ill effects of cancer chemotherapy and radiology, and, additionally, may alleviate the ill effects of glaucoma. The legislature further finds that there is a need for further research and experimentation regarding the use of cannabis under strictly controlled circumstances. It is for this purpose that the controlled substances therapeutic research act is hereby enacted.
[ 2022 c 16 s 112; 1979 c 136 s 2.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.

catchline: Legislative purpose.


title: RCW 69.51.030

text:
As used in this chapter:
(1) "Cannabis" means all parts of the plant of the genus Cannabis L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin;
(2) "Commission" means the pharmacy quality assurance commission;
(3) "Department" means the department of health; and
(4) "Practitioner" means a physician licensed pursuant to chapter 18.71 or 18.57 RCW.
[ 2022 c 16 s 113; 2013 c 19 s 113; 1989 1st ex.s. c 9 s 438; 1979 c 136 s 3.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Definitions.


title: RCW 69.51.040

text:
(1) There is established in the commission the controlled substances therapeutic research program. The program shall be administered by the department. The commission shall promulgate rules necessary for the proper administration of the Controlled Substances Therapeutic Research Act. In such promulgation, the commission shall take into consideration those pertinent rules promulgated by the United States drug enforcement agency, the food and drug administration, and the national institute on drug abuse.
(2) Except as provided in RCW 69.51.050(4), the controlled substances therapeutic research program shall be limited to cancer chemotherapy and radiology patients and glaucoma patients, who are certified to the patient qualification review committee by a practitioner as being involved in a life-threatening or sense-threatening situation. No patient may be admitted to the controlled substances therapeutic research program without full disclosure by the practitioner of the experimental nature of this program and of the possible risks and side effects of the proposed treatment in accordance with the informed consent provisions of chapter 7.70 RCW.
(3) The commission shall provide by rule for a program of registration with the department of bona fide controlled substance therapeutic research projects.
[ 2013 c 19 s 114; 1989 1st ex.s. c 9 s 439; 1979 c 136 s 4.]
Notes:
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.

catchline: Controlled substances therapeutic research program.


title: RCW 69.51.050

text:
(1) The commission shall appoint a patient qualification review committee to serve at its pleasure. The patient qualification review committee shall be comprised of:
(a) A physician licensed to practice medicine in Washington state and specializing in the practice of ophthalmology;
(b) A physician licensed to practice medicine in Washington state and specializing in the subspecialty of medical oncology;
(c) A physician licensed to practice medicine in Washington state and specializing in the practice of psychiatry; and
(d) A physician licensed to practice medicine in Washington state and specializing in the practice of radiology.
Members of the committee shall be compensated at the rate of fifty dollars per day for each day spent in the performance of their official duties, and shall receive reimbursement for their travel expenses as provided in RCW 43.03.050 and 43.03.060.
(2) The patient qualification review committee shall review all applicants for the controlled substance therapeutic research program and their licensed practitioners and certify their participation in the program.
(3) The patient qualification review committee and the commission shall insure that the privacy of individuals who participate in the controlled substance therapeutic research program is protected by withholding from all persons not connected with the conduct of the research the names and other identifying characteristics of such individuals. Persons authorized to engage in research under the controlled substance therapeutic research program may not be compelled in any civil, criminal, administrative, legislative, or other proceeding to identify the individuals who are the subjects of research for which the authorization was granted, except to the extent necessary to permit the commission to determine whether the research is being conducted in accordance with the authorization.
(4) The patient qualification review committee may include other disease groups for participation in the controlled substances therapeutic research program after pertinent medical data have been presented by a practitioner to both the committee and the commission, and after approval for such participation has been granted pursuant to pertinent rules promulgated by the United States drug enforcement agency, the food and drug administration, and the national institute on drug abuse.
[ 2013 c 19 s 115; 1979 c 136 s 5.]

catchline: Patient qualification review committee.


title: RCW 69.51.060

text:
(1) The commission shall obtain cannabis through whatever means it deems most appropriate and consistent with regulations promulgated by the United States food and drug administration, the drug enforcement agency, and the national institute on drug abuse, and pursuant to the provisions of this chapter.
(2) The commission may use cannabis which has been confiscated by local or state law enforcement agencies and has been determined to be free from contamination.
(3) The commission shall distribute the analyzed cannabis to approved practitioners and/or institutions in accordance with rules promulgated by the commission.
[ 2022 c 16 s 114; 2013 c 19 s 116; 1979 c 136 s 6.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.

catchline: Sources and distribution of cannabis.


title: RCW 69.51.080

text:
(1) The enumeration of tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols in RCW 69.50.204 as a Schedule I controlled substance does not apply to the use of cannabis, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols by certified patients pursuant to the provisions of this chapter.
(2) Cannabis, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols shall be considered Schedule II substances as enumerated in RCW 69.50.206 only for the purposes enumerated in this chapter.
[ 1979 c 136 s 8.]

catchline: Cannabis and related products considered Schedule II substances.


title: RCW 69.51A.005

text:
(1) The legislature finds that:
(a) There is medical evidence that some patients with terminal or debilitating medical conditions may, under their health care professional's care, benefit from the medical use of cannabis. Some of the conditions for which cannabis appears to be beneficial include, but are not limited to:
(i) Nausea, vomiting, and cachexia associated with cancer, HIV-positive status, AIDS, hepatitis C, anorexia, and their treatments;
(ii) Severe muscle spasms associated with multiple sclerosis, epilepsy, and other seizure and spasticity disorders;
(iii) Acute or chronic glaucoma;
(iv) Crohn's disease; and
(v) Some forms of intractable pain.
(b) Humanitarian compassion necessitates that the decision to use cannabis by patients with terminal or debilitating medical conditions is a personal, individual decision, based upon their health care professional's professional medical judgment and discretion.
(2) Therefore, the legislature intends that, so long as such activities are in strict compliance with this chapter:
(a) Qualifying patients with terminal or debilitating medical conditions who, in the judgment of their health care professionals, may benefit from the medical use of cannabis, shall not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state law based solely on their medical use of cannabis, notwithstanding any other provision of law;
(b) Persons who act as designated providers to such patients shall also not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state law, notwithstanding any other provision of law, based solely on their assisting with the medical use of cannabis; and
(c) Health care professionals shall also not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state law for the proper authorization of medical use of cannabis by qualifying patients for whom, in the health care professional's professional judgment, the medical use of cannabis may prove beneficial.
(3) Nothing in this chapter establishes the medical necessity or medical appropriateness of cannabis for treating terminal or debilitating medical conditions as defined in RCW 69.51A.010.
(4) Nothing in this chapter diminishes the authority of correctional agencies and departments, including local governments or jails, to establish a procedure for determining when the use of cannabis would impact community safety or the effective supervision of those on active supervision for a criminal conviction, nor does it create the right to any accommodation of any medical use of cannabis in any correctional facility or jail.
[ 2022 c 16 s 115; 2015 c 70 s 16; 2011 c 181 s 102; 2010 c 284 s 1; 2007 c 371 s 2; 1999 c 2 s 2 (Initiative Measure No. 692, approved November 3, 1998).]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
Intent—2025 c 58; 2007 c 371: "The legislature intends to clarify the law on medical cannabis so that the lawful use of this substance is not impaired and medical practitioners are able to exercise their best professional judgment in the delivery of medical treatment, qualifying patients may fully participate in the medical use of cannabis, and designated providers may assist patients in the manner provided by this act without fear of state criminal prosecution. This act is also intended to provide clarification to law enforcement and to all participants in the judicial system." [ 2025 c 58 s 4010; 2007 c 371 s 1.]

catchline: Purpose and intent.


title: RCW 69.51A.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1)(a) "Authorization" means a form developed by the department that is completed and signed by a qualifying patient's health care professional and printed on tamper-resistant paper.
(b) An authorization is not a prescription as defined in RCW 69.50.101.
(2) "Cannabis" has the meaning provided in RCW 69.50.101.
(3) "Cannabis concentrates" has the meaning provided in RCW 69.50.101.
(4) "Cannabis processor" has the meaning provided in RCW 69.50.101.
(5) "Cannabis producer" has the meaning provided in RCW 69.50.101.
(6) "Cannabis retailer" has the meaning provided in RCW 69.50.101.
(7) "Cannabis retailer with a medical cannabis endorsement" means a cannabis retailer that has been issued a medical cannabis endorsement by the state liquor and cannabis board pursuant to RCW 69.50.375.
(8) "Cannabis-infused products" has the meaning provided in RCW 69.50.101.
(9) "CBD concentration" means the percent of cannabidiol content per dry weight of any part of the plant Cannabis, or per volume or weight of cannabis product.
(10) "Department" means the department of health.
(11) "Designated provider" means a person who is twenty-one years of age or older and:
(a)(i) Is the parent or guardian of a qualifying patient who is under the age of eighteen and holds a recognition card; or
(ii) Has been designated in writing by a qualifying patient to serve as the designated provider for that patient;
(b)(i) Has an authorization from the qualifying patient's health care professional; or
(ii)(A) Has been entered into the medical cannabis authorization database as being the designated provider to a qualifying patient; and
(B) Has been provided a recognition card;
(c) Is prohibited from consuming cannabis obtained for the personal, medical use of the qualifying patient for whom the individual is acting as designated provider;
(d) Provides cannabis to only the qualifying patient that has designated him or her;
(e) Is in compliance with the terms and conditions of this chapter; and
(f) Is the designated provider to only one patient at any one time.
(12) "Health care professional," for purposes of this chapter only, means a physician licensed under chapter 18.71 RCW, a physician assistant licensed under chapter 18.71A RCW, an osteopathic physician licensed under chapter 18.57 RCW, a naturopath licensed under chapter 18.36A RCW, or an *advanced registered nurse practitioner licensed under chapter 18.79 RCW.
(13) "Housing unit" means a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied as separate living quarters, in which the occupants live and eat separately from any other persons in the building, and which have direct access from the outside of the building or through a common hall.
(14) "Low THC, high CBD" means products determined by the department to have a low THC, high CBD ratio under RCW 69.50.375. Low THC, high CBD products must be inhalable, ingestible, or absorbable.
(15) "Medical cannabis authorization database" means the secure and confidential database established in RCW 69.51A.230.
(16) "Medical use of cannabis" means the manufacture, production, possession, transportation, delivery, ingestion, application, or administration of cannabis for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating medical condition.
(17) "Plant" means a cannabis plant having at least three distinguishable and distinct leaves, each leaf being at least three centimeters in diameter, and a readily observable root formation consisting of at least two separate and distinct roots, each being at least two centimeters in length. Multiple stalks emanating from the same root ball or root system is considered part of the same single plant.
(18) "Public place" has the meaning provided in RCW 70.160.020.
(19) "Qualifying patient" means a person who:
(a)(i) Is a patient of a health care professional;
(ii) Has been diagnosed by that health care professional as having a terminal or debilitating medical condition;
(iii) Is a resident of the state of Washington at the time of such diagnosis;
(iv) Has been advised by that health care professional about the risks and benefits of the medical use of cannabis;
(v) Has been advised by that health care professional that they may benefit from the medical use of cannabis;
(vi)(A) Has an authorization from his or her health care professional; or
(B) Has been entered into the medical cannabis authorization database and has been provided a recognition card; and
(vii) Is otherwise in compliance with the terms and conditions established in this chapter.
(b) "Qualifying patient" does not include a person who is actively being supervised for a criminal conviction by a corrections agency or department that has determined that the terms of this chapter are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision.
(20) "Recognition card" means a card issued to qualifying patients and designated providers by a cannabis retailer with a medical cannabis endorsement that has entered them into the medical cannabis authorization database.
(21) "Retail outlet" has the meaning provided in RCW 69.50.101.
(22) "Secretary" means the secretary of the department of health.
(23) "Tamper-resistant paper" means paper that meets one or more of the following industry-recognized features:
(a) One or more features designed to prevent copying of the paper;
(b) One or more features designed to prevent the erasure or modification of information on the paper; or
(c) One or more features designed to prevent the use of counterfeit authorization.
(24) "Terminal or debilitating medical condition" means a condition severe enough to significantly interfere with the patient's activities of daily living and ability to function, which can be objectively assessed and evaluated and limited to the following:
(a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders;
(b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications;
(c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications;
(d) Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications;
(e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications;
(f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications;
(g) Posttraumatic stress disorder; or
(h) Traumatic brain injury.
(25) "THC concentration" has the meaning provided in RCW 69.50.101.
(26) "Useable cannabis" has the meaning provided in RCW 69.50.101.
[ 2022 c 16 s 116; 2020 c 80 s 44. Prior: 2015 c 70 s 17; 2010 c 284 s 2; 2007 c 371 s 3; 1999 c 2 s 6 (Initiative Measure No. 692, approved November 3, 1998).]
Notes:
Reviser's note: *(1) The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
(2) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2022 c 16 ss 7, 51, and 116: See note following RCW 69.50.101.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
Intent—2007 c 371: See note following RCW 69.51A.005.
PDF
RCW 69.51A.010
Definitions. (Effective June 30, 2027.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1)(a) "Authorization" means a form developed by the department that is completed and signed by a qualifying patient's health care professional and printed on tamper-resistant paper.
(b) An authorization is not a prescription as defined in RCW 69.50.101.
(2) "Cannabis" has the meaning provided in RCW 69.50.101.
(3) "Cannabis concentrates" has the meaning provided in RCW 69.50.101.
(4) "Cannabis processor" has the meaning provided in RCW 69.50.101.
(5) "Cannabis producer" has the meaning provided in RCW 69.50.101.
(6) "Cannabis retailer" has the meaning provided in RCW 69.50.101.
(7) "Cannabis retailer with a medical cannabis endorsement" means a cannabis retailer that has been issued a medical cannabis endorsement by the state liquor and cannabis board pursuant to RCW 69.50.375.
(8) "Cannabis-infused products" has the meaning provided in RCW 69.50.101.
(9) "CBD concentration" means the percent of cannabidiol content per dry weight of any part of the plant Cannabis, or per volume or weight of cannabis product.
(10) "Department" means the department of health.
(11) "Designated provider" means a person who is twenty-one years of age or older and:
(a)(i) Is the parent or guardian of a qualifying patient who is under the age of eighteen and holds a recognition card; or
(ii) Has been designated in writing by a qualifying patient to serve as the designated provider for that patient;
(b)(i) Has an authorization from the qualifying patient's health care professional; or
(ii)(A) Has been entered into the medical cannabis authorization database as being the designated provider to a qualifying patient; and
(B) Has been provided a recognition card;
(c) Is prohibited from consuming cannabis obtained for the personal, medical use of the qualifying patient for whom the individual is acting as designated provider;
(d) Provides cannabis to only the qualifying patient that has designated him or her;
(e) Is in compliance with the terms and conditions of this chapter; and
(f) Is the designated provider to only one patient at any one time.
(12) "Health care professional," for purposes of this chapter only, means a physician licensed under chapter 18.71 RCW, a physician assistant licensed under chapter 18.71A RCW, an osteopathic physician licensed under chapter 18.57 RCW, a naturopath licensed under chapter 18.36A RCW, or an advanced practice registered nurse licensed under chapter 18.79 RCW.
(13) "Housing unit" means a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied as separate living quarters, in which the occupants live and eat separately from any other persons in the building, and which have direct access from the outside of the building or through a common hall.
(14) "Low THC, high CBD" means products determined by the department to have a low THC, high CBD ratio under RCW 69.50.375. Low THC, high CBD products must be inhalable, ingestible, or absorbable.
(15) "Medical cannabis authorization database" means the secure and confidential database established in RCW 69.51A.230.
(16) "Medical use of cannabis" means the manufacture, production, possession, transportation, delivery, ingestion, application, or administration of cannabis for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating medical condition.
(17) "Plant" means a cannabis plant having at least three distinguishable and distinct leaves, each leaf being at least three centimeters in diameter, and a readily observable root formation consisting of at least two separate and distinct roots, each being at least two centimeters in length. Multiple stalks emanating from the same root ball or root system is considered part of the same single plant.
(18) "Public place" has the meaning provided in RCW 70.160.020.
(19) "Qualifying patient" means a person who:
(a)(i) Is a patient of a health care professional;
(ii) Has been diagnosed by that health care professional as having a terminal or debilitating medical condition;
(iii) Is a resident of the state of Washington at the time of such diagnosis;
(iv) Has been advised by that health care professional about the risks and benefits of the medical use of cannabis;
(v) Has been advised by that health care professional that they may benefit from the medical use of cannabis;
(vi)(A) Has an authorization from his or her health care professional; or
(B) Has been entered into the medical cannabis authorization database and has been provided a recognition card; and
(vii) Is otherwise in compliance with the terms and conditions established in this chapter.
(b) "Qualifying patient" does not include a person who is actively being supervised for a criminal conviction by a corrections agency or department that has determined that the terms of this chapter are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision.
(20) "Recognition card" means a card issued to qualifying patients and designated providers by a cannabis retailer with a medical cannabis endorsement that has entered them into the medical cannabis authorization database.
(21) "Retail outlet" has the meaning provided in RCW 69.50.101.
(22) "Secretary" means the secretary of the department of health.
(23) "Tamper-resistant paper" means paper that meets one or more of the following industry-recognized features:
(a) One or more features designed to prevent copying of the paper;
(b) One or more features designed to prevent the erasure or modification of information on the paper; or
(c) One or more features designed to prevent the use of counterfeit authorization.
(24) "Terminal or debilitating medical condition" means a condition severe enough to significantly interfere with the patient's activities of daily living and ability to function, which can be objectively assessed and evaluated and limited to the following:
(a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders;
(b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications;
(c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications;
(d) Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications;
(e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications;
(f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications;
(g) Posttraumatic stress disorder; or
(h) Traumatic brain injury.
(25) "THC concentration" has the meaning provided in RCW 69.50.101.
(26) "Useable cannabis" has the meaning provided in RCW 69.50.101.
[ 2025 c 58 s 5127. Prior: 2022 c 16 s 116; 2020 c 80 s 44; prior: 2015 c 70 s 17; 2010 c 284 s 2; 2007 c 371 s 3; 1999 c 2 s 6 (Initiative Measure No. 692, approved November 3, 1998).]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2022 c 16 ss 7, 51, and 116: See note following RCW 69.50.101.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
Intent—2007 c 371: See note following RCW 69.51A.005.

catchline: Definitions. (Effective until June 30, 2027.)


title: RCW 69.51A.030

text:
(1) The following acts do not constitute crimes under state law or unprofessional conduct under chapter 18.130 RCW, and a health care professional may not be arrested, searched, prosecuted, disciplined, or subject to other criminal sanctions or civil consequences or liability under state law, or have real or personal property searched, seized, or forfeited pursuant to state law, notwithstanding any other provision of law as long as the health care professional complies with subsection (2) of this section:
(a) Advising a patient about the risks and benefits of medical use of cannabis or that the patient may benefit from the medical use of cannabis; or
(b) Providing a patient or designated provider meeting the criteria established under RCW 69.51A.010 with an authorization, based upon the health care professional's assessment of the patient's medical history and current medical condition, if the health care professional has complied with this chapter and he or she determines within a professional standard of care or in the individual health care professional's medical judgment the qualifying patient may benefit from the medical use of cannabis.
(2)(a) A health care professional may provide a qualifying patient or that patient's designated provider with an authorization for the medical use of cannabis in accordance with this section.
(b) In order to authorize for the medical use of cannabis under (a) of this subsection, the health care professional must:
(i) Have a documented relationship with the patient, as a principal care provider or a specialist, relating to the diagnosis and ongoing treatment or monitoring of the patient's terminal or debilitating medical condition;
(ii) Complete an in-person physical examination of the patient or a remote physical examination of the patient if one is determined to be appropriate under (c)(iii) of this subsection;
(iii) Document the terminal or debilitating medical condition of the patient in the patient's medical record and that the patient may benefit from treatment of this condition or its symptoms with medical use of cannabis;
(iv) Inform the patient of other options for treating the terminal or debilitating medical condition and documenting in the patient's medical record that the patient has received this information;
(v) Document in the patient's medical record other measures attempted to treat the terminal or debilitating medical condition that do not involve the medical use of cannabis; and
(vi) Complete an authorization on forms developed by the department, in accordance with subsection (3) of this section.
(c)(i) For a qualifying patient eighteen years of age or older, an authorization expires one year after its issuance. For a qualifying patient less than eighteen years of age, an authorization expires six months after its issuance.
(ii) An authorization may be renewed upon completion of an in-person physical examination or a remote physical examination of the patient if one is determined to be appropriate under (c)(iii) of this subsection and, in compliance with the other requirements of (b) of this subsection.
(iii) Following an in-person physical examination to authorize the use of cannabis for medical purposes, the health care professional may determine and note in the patient's medical record that subsequent physical examinations for the purposes of renewing an authorization may occur through the use of telemedicine technology if the health care professional determines that requiring the qualifying patient to attend a physical examination in person to renew an authorization would likely result in severe hardship to the qualifying patient because of the qualifying patient's physical or emotional condition.
(iv) When renewing a qualifying patient's authorization for the medical use of cannabis, the health care professional may indicate that the qualifying patient qualifies for a compassionate care renewal of his or her registration in the medical cannabis authorization database and recognition card if the health care professional determines that requiring the qualifying patient to renew a registration in person would likely result in severe hardship to the qualifying patient because of the qualifying patient's physical or emotional condition. A compassionate care renewal of a qualifying patient's registration and recognition card allows the qualifying patient to receive renewals without the need to be physically present at a retailer and without the requirement to have a photograph taken.
(d) A health care professional shall not:
(i) Accept, solicit, or offer any form of pecuniary remuneration from or to a cannabis retailer, cannabis processor, or cannabis producer;
(ii) Offer a discount or any other thing of value to a qualifying patient who is a customer of, or agrees to be a customer of, a particular cannabis retailer;
(iii) Examine or offer to examine a patient for purposes of diagnosing a terminal or debilitating medical condition at a location where cannabis is produced, processed, or sold;
(iv) Have a business or practice which consists primarily of authorizing the medical use of cannabis or authorize the medical use of cannabis at any location other than his or her practice's permanent physical location;
(v) Except as provided in RCW 69.51A.280, sell, or provide at no charge, cannabis concentrates, cannabis-infused products, or useable cannabis to a qualifying patient or designated provider; or
(vi) Hold an economic interest in an enterprise that produces, processes, or sells cannabis if the health care professional authorizes the medical use of cannabis.
(3) The department shall develop the form for the health care professional to use as an authorization for qualifying patients and designated providers. The form shall include the qualifying patient's or designated provider's name, address, and date of birth; the health care professional's name, address, and license number; the amount of cannabis recommended for the qualifying patient; a telephone number where the authorization can be verified during normal business hours; the dates of issuance and expiration; and a statement that an authorization does not provide protection from arrest unless the qualifying patient or designated provider is also entered in the medical cannabis authorization database and holds a recognition card.
(4) The appropriate health professions disciplining authority may inspect or request patient records to confirm compliance with this section. The health care professional must provide access to or produce documents, records, or other items that are within his or her possession or control within twenty-one calendar days of service of a request by the health professions disciplining authority. If the twenty-one calendar day limit results in a hardship upon the health care professional, he or she may request, for good cause, an extension not to exceed thirty additional calendar days. Failure to produce the documents, records, or other items shall result in citations and fines issued consistent with RCW 18.130.230. Failure to otherwise comply with the requirements of this section shall be considered unprofessional conduct and subject to sanctions under chapter 18.130 RCW.
(5) After a health care professional authorizes a qualifying patient for the medical use of cannabis, he or she may discuss with the qualifying patient how to use cannabis and the types of products the qualifying patient should seek from a retail outlet.
[ 2022 c 16 s 117; 2019 c 203 s 1; 2015 c 70 s 18; 2011 c 181 s 301; 2010 c 284 s 3; 2007 c 371 s 4; 1999 c 2 s 4 (Initiative Measure No. 692, approved November 3, 1998).]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
Intent—2007 c 371: See note following RCW 69.51A.005.

catchline: Acts not constituting crimes or unprofessional conduct—Health care professionals not subject to penalties or liabilities.


title: RCW 69.51A.040

text:
The medical use of cannabis in accordance with the terms and conditions of this chapter does not constitute a crime and a qualifying patient or designated provider in compliance with the terms and conditions of this chapter may not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver, cannabis under state law, or have real or personal property seized or forfeited for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver, cannabis under state law, and investigating law enforcement officers and agencies may not be held civilly liable for failure to seize cannabis in this circumstance, if:
(1)(a)(i) The qualifying patient or designated provider has been entered into the medical cannabis authorization database and holds a valid recognition card or the qualifying patient or designated provider holds a valid authorization if the qualifying patient or designated provider has not been entered into the medical cannabis authorization database and has not been issued a recognition card, and the qualifying patient or designated provider possesses no more than the amount of cannabis concentrates, useable cannabis, plants, or cannabis-infused products authorized under RCW 69.51A.210.
(ii) If a person is both a qualifying patient and a designated provider for another qualifying patient, the person may possess no more than twice the amounts described in RCW 69.51A.210 for the qualifying patient and designated provider, whether the plants, cannabis concentrates, useable cannabis, or cannabis-infused products are possessed individually or in combination between the qualifying patient and his or her designated provider. However, in accordance with RCW 69.51A.260, no more than 15 plants may be grown or located in any one housing unit other than a cooperative established pursuant to RCW 69.51A.250;
(b) The qualifying patient or designated provider presents his or her recognition card or, if the qualifying patient or designated provider does not have a recognition card, then his or her authorization, to any law enforcement officer who questions the patient or provider regarding his or her medical use of cannabis;
(c) The qualifying patient or designated provider keeps a copy of his or her recognition card if the qualifying patient or designated provider has a recognition card, or keeps a copy of his or her authorization if the qualifying patient or designated provider does not have a recognition card, and keeps a copy of the qualifying patient or designated provider's contact information posted prominently next to any plants, cannabis concentrates, cannabis-infused products, or useable cannabis located at his or her residence;
(d) The investigating law enforcement officer does not possess evidence that:
(i) The designated provider has converted cannabis produced or obtained for the qualifying patient for his or her own personal use or benefit; or
(ii) The qualifying patient sold, donated, or supplied cannabis to another person; and
(e) The designated provider has not served as a designated provider to more than one qualifying patient within a fifteen-day period; or
(2) The qualifying patient or designated provider participates in a cooperative as provided in RCW 69.51A.250.
[ 2023 c 254 s 1; 2022 c 16 s 118; 2015 c 70 s 24; 2011 c 181 s 401; 2007 c 371 s 5; 1999 c 2 s 5 (Initiative Measure No. 692, approved November 3, 1998).]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2015 c 70 ss 12, 19, 20, 23-26, 31, 35, 40, and 49: See note following RCW 69.50.357.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
Intent—2007 c 371: See note following RCW 69.51A.005.

catchline: Compliance with chapter—Qualifying patients and designated providers not subject to penalties—Law enforcement not subject to liability.


title: RCW 69.51A.045

text:
(1) A qualifying patient or designated provider in possession of plants, cannabis concentrates, useable cannabis, or cannabis-infused products exceeding the limits set forth in this chapter but otherwise in compliance with all other terms and conditions of this chapter may establish an affirmative defense to charges of violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence, that the qualifying patient's necessary medical use exceeds the amounts set forth in RCW 69.51A.040.
(2) An investigating law enforcement officer may seize plants, cannabis concentrates, useable cannabis, or cannabis-infused products exceeding the amounts set forth in this chapter. In the case of plants, the qualifying patient or designated provider shall be allowed to select the plants that will remain at the location. The officer and his or her law enforcement agency may not be held civilly liable for failure to seize cannabis in this circumstance.
[ 2022 c 16 s 120; 2015 c 70 s 29; 2011 c 181 s 405.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Possession of plants, cannabis concentrates, useable cannabis, or cannabis-infused products exceeding lawful amount—Affirmative defense.


title: RCW 69.51A.050

text:
(1) The lawful possession or manufacture of medical cannabis as authorized by this chapter shall not result in the forfeiture or seizure of any property.
(2) No person shall be prosecuted for constructive possession, conspiracy, or any other criminal offense solely for being in the presence or vicinity of medical cannabis or its use as authorized by this chapter.
(3) The state shall not be held liable for any deleterious outcomes from the medical use of cannabis by any qualifying patient.
[ 2022 c 16 s 121; 1999 c 2 s 7 (Initiative Measure No. 692, approved November 3, 1998).]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.

catchline: Medical cannabis, lawful possession—State not liable.


title: RCW 69.51A.055

text:
(1)(a) The arrest and prosecution protections established in RCW 69.51A.040 may not be asserted in a supervision revocation or violation hearing by a person who is supervised by a corrections agency or department, including local governments or jails, that has determined that the terms of this section are inconsistent with and contrary to his or her supervision.
(b) The affirmative defense established in RCW 69.51A.045 may not be asserted in a supervision revocation or violation hearing by a person who is supervised by a corrections agency or department, including local governments or jails, that has determined that the terms of this section are inconsistent with and contrary to his or her supervision.
(2) RCW 69.51A.040 does not apply to a person who is supervised for a criminal conviction by a corrections agency or department, including local governments or jails, that has determined that the terms of this chapter are inconsistent with and contrary to his or her supervision.
[ 2023 c 254 s 2; 2015 c 70 s 30; 2011 c 181 s 1105.]
Notes:
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Limitations of chapter—Persons under supervision.


title: RCW 69.51A.060

text:
(1) It shall be a class 3 civil infraction to use or display medical cannabis in a manner or place which is open to the view of the general public.
(2) Nothing in this chapter establishes a right of care as a covered benefit or requires any state purchased health care as defined in RCW 41.05.011 or other health carrier or health plan as defined in Title 48 RCW to be liable for any claim for reimbursement for the medical use of cannabis. Such entities may enact coverage or noncoverage criteria or related policies for payment or nonpayment of medical cannabis in their sole discretion.
(3) Nothing in this chapter requires any health care professional to authorize the medical use of cannabis for a patient.
(4) Nothing in this chapter requires any accommodation of any on-site medical use of cannabis in any place of employment, in any youth center, in any correctional facility, or smoking cannabis in any public place or hotel or motel.
(5) Nothing in this chapter authorizes the possession or use of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused products on federal property.
(6) Nothing in this chapter authorizes the use of medical cannabis by any person who is subject to the Washington code of military justice in chapter 38.38 RCW.
(7) Employers may establish drug-free work policies. Nothing in this chapter requires an accommodation for the medical use of cannabis if an employer has a drug-free workplace.
(8) No person shall be entitled to claim the protection from arrest and prosecution under RCW 69.51A.040 for engaging in the medical use of cannabis in a way that endangers the health or well-being of any person through the use of a motorized vehicle on a street, road, or highway, including violations of RCW 46.61.502 or 46.61.504, or equivalent local ordinances.
[ 2023 c 254 s 3; 2022 c 16 s 122; 2019 c 204 s 3; 2015 c 70 s 31; 2011 c 181 s 501; 2010 c 284 s 4; 2007 c 371 s 6; 1999 c 2 s 8 (Initiative Measure No. 692, approved November 3, 1998).]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2015 c 70 ss 12, 19, 20, 23-26, 31, 35, 40, and 49: See note following RCW 69.50.357.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
Intent—2007 c 371: See note following RCW 69.51A.005.

catchline: Crimes—Limitations of chapter.


title: RCW 69.51A.100

text:
(1) A qualifying patient may revoke his or her designation of a specific designated provider and designate a different designated provider at any time. A revocation of designation must be in writing, signed and dated, and provided to the designated provider and, if applicable, the medical cannabis authorization database administrator. The protections of this chapter cease to apply to a person who has served as a designated provider to a qualifying patient seventy-two hours after receipt of that patient's revocation of his or her designation.
(2) A person may stop serving as a designated provider to a given qualifying patient at any time by revoking that designation in writing, signed and dated, and provided to the qualifying patient and, if applicable, the medical cannabis authorization database administrator. However, that person may not begin serving as a designated provider to a different qualifying patient until fifteen days have elapsed from the date the last qualifying patient designated him or her to serve as a designated provider.
(3) The department may adopt rules to implement this section, including a procedure to remove the name of the designated provider from the medical cannabis authorization database upon receipt of a revocation under this section.
[ 2022 c 16 s 123; 2015 c 70 s 34; 2011 c 181 s 404.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Qualifying patient's designation of a specific designated provider—Provider's service as designated provider—Termination—Department may adopt rules.


title: RCW 69.51A.110

text:
A qualifying patient's medical use of cannabis as authorized by a health care professional may not be a sole disqualifying factor in determining the patient's suitability for an organ transplant, unless it is shown that this use poses a significant risk of rejection or organ failure. This section does not preclude a health care professional from requiring that a patient abstain from the medical use of cannabis, for a period of time determined by the health care professional, while waiting for a transplant organ or before the patient undergoes an organ transplant.
[ 2011 c 181 s 408.]

catchline: Suitability for organ transplant.


title: RCW 69.51A.120

text:
A qualifying patient or designated provider may not have his or her parental rights or residential time with a child restricted solely due to his or her medical use of cannabis in compliance with the terms of this chapter absent written findings supported by evidence that such use has resulted in a long-term impairment that interferes with the performance of parenting functions as defined under RCW 26.09.004.
[ 2011 c 181 s 409.]

catchline: Parental rights or residential time—Not to be restricted.


title: RCW 69.51A.130

text:
(1) No civil or criminal liability may be imposed by any court on the state or its officers and employees for actions taken in good faith under this chapter and within the scope of their assigned duties.
(2) No civil or criminal liability may be imposed by any court on cities, towns, and counties or other municipalities and their officers and employees for actions taken in good faith under this chapter and within the scope of their assigned duties.
[ 2011 c 181 s 1101.]

catchline: State and municipalities—Not subject to liability.


title: RCW 69.51A.210

text:
As part of authorizing a qualifying patient or designated provider, the health care professional may include recommendations on the amount of cannabis that is likely needed by the qualifying patient for his or her medical needs and in accordance with this section.
(1) If the health care professional does not include recommendations on the qualifying patient's or designated provider's authorization, the cannabis retailer with a medical cannabis endorsement, when adding the qualifying patient or designated provider to the medical cannabis authorization database, shall enter into the database that the qualifying patient or designated provider may purchase or obtain at a retail outlet holding a medical cannabis endorsement a combination of the following: Forty-eight ounces of cannabis-infused product in solid form; three ounces of useable cannabis; two hundred sixteen ounces of cannabis-infused product in liquid form; or twenty-one grams of cannabis concentrates. The qualifying patient or designated provider may also grow, in his or her domicile, up to six plants for the personal medical use of the qualifying patient and possess up to eight ounces of useable cannabis produced from his or her plants. These amounts shall be specified on the recognition card that is issued to the qualifying patient or designated provider.
(2) If the health care professional determines that the medical needs of a qualifying patient exceed the amounts provided for in subsection (1) of this section, the health care professional must specify on the authorization that it is recommended that the patient be allowed to grow, in his or her domicile, up to fifteen plants for the personal medical use of the patient. A patient so authorized may possess up to sixteen ounces of useable cannabis in his or her domicile. The number of plants must be entered into the medical cannabis authorization database by the cannabis retailer with a medical cannabis endorsement and specified on the recognition card that is issued to the qualifying patient or designated provider.
(3) If a qualifying patient or designated provider with an authorization from a health care professional has not been entered into the medical cannabis authorization database, he or she may not receive a recognition card and may only purchase at a retail outlet, whether it holds a medical cannabis endorsement or not, the amounts established in RCW 69.50.360. In addition the qualifying patient or the designated provider may grow, in his or her domicile, up to four plants for the personal medical use of the qualifying patient and possess up to six ounces of useable cannabis in his or her domicile.
[ 2022 c 16 s 124; 2015 c 70 s 19.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2015 c 70 ss 12, 19, 20, 23-26, 31, 35, 40, and 49: See note following RCW 69.50.357.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Qualifying patients or designated providers—Authorization—Health care professional may include recommendations on amount of cannabis.


title: RCW 69.51A.220

text:
(1) Health care professionals may authorize the medical use of cannabis for qualifying patients who are under the age of eighteen if:
(a) The minor's parent or guardian participates in the minor's treatment and agrees to the medical use of cannabis by the minor; and
(b) The parent or guardian acts as the designated provider for the minor and has sole control over the minor's cannabis.
(2) The minor may not grow plants or purchase cannabis-infused products, useable cannabis, or cannabis concentrates from a cannabis retailer with a medical cannabis endorsement.
(3) Both the minor and the minor's parent or guardian who is acting as the designated provider must be entered in the medical cannabis authorization database and hold a recognition card.
(4) A health care professional who authorizes the medical use of cannabis by a minor must do so as part of the course of treatment of the minor's terminal or debilitating medical condition. If authorizing a minor for the medical use of cannabis, the health care professional must:
(a) Consult with other health care providers involved in the minor's treatment, as medically indicated, before authorization or reauthorization of the medical use of cannabis; and
(b) Reexamine the minor at least once every six months or more frequently as medically indicated. The reexamination must:
(i) Determine that the minor continues to have a terminal or debilitating medical condition and that the condition benefits from the medical use of cannabis; and
(ii) Include a follow-up discussion with the minor's parent or guardian to ensure the parent or guardian continues to participate in the treatment of the minor.
[ 2022 c 16 s 125; 2015 c 70 s 20.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2015 c 70 ss 12, 19, 20, 23-26, 31, 35, 40, and 49: See note following RCW 69.50.357.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Health care professionals may authorize medical use of cannabis—Qualifying patients under age eighteen.


title: RCW 69.51A.222

text:
(1) Beginning January 1, 2027, hospitals licensed under chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW, except for nursing homes operated by a residential habilitation center under RCW 71A.20.010, and hospice care centers licensed under chapter 70.127 RCW shall permit the medical use of cannabis by a qualifying patient with a terminal condition, as defined in RCW 70.122.020, in the facility according to the facility's policy. The facility shall establish a policy that permits the medical use of cannabis by a qualifying patient and contains the following elements:
(a) Prohibits smoking or vaping as a method of use, even if smoking or vaping is the qualifying patient's preferred and routine method of use;
(b) Requires the qualifying patient's medical use of cannabis to be included in the patient's medical records;
(c) Requires a qualifying patient with a terminal condition, as defined in RCW 70.122.020, to provide a copy of the patient's valid authorization;
(d) Requires a qualifying patient or a qualifying patient's designated provider to be responsible for acquiring, retrieving, administering, and removing medical cannabis;
(e) Requires medical cannabis to be stored securely at all times in a locked container in the qualifying patient's room, other designated area, or with the qualifying patient's designated provider;
(f) Prohibits health care professionals and facility staff, including, but not limited to, physicians, nurses, and pharmacists, from administering medical cannabis or retrieving medical cannabis from storage;
(g) Prohibits sharing medical cannabis between patients and visitors; and
(h) Requires all remaining medical cannabis be removed by the qualifying patient or qualifying patient's designated provider upon patient discharge. If a qualifying patient is unable to remove the medical cannabis and does not have a designated provider that is available to remove the medical cannabis, the product shall be disposed of in accordance with the health care facility's policy and procedure governing medical waste.
(2) As applied to hospitals, nothing in subsection (1) of this section applies to a hospital's emergency department, a patient receiving emergency services, or any patient of the hospital who has not been admitted to the hospital to receive inpatient services.
(3) Compliance with this section shall not be a condition for obtaining, retaining, or renewing a hospital, nursing home, or hospice care center license.
(4)(a) If a federal regulatory agency, the United States department of justice, or the federal centers for medicare and medicaid services initiates an enforcement action against a hospital, nursing home, or hospice care center related to the facility's compliance with this section or issues a rule or other notification that expressly prohibits the medical use of cannabis in health care facilities, a hospital, nursing home, or hospice care center may suspend compliance with this section until the regulatory agency, the United States department of justice, or the federal centers for medicare and medicaid services notifies the facility that it may resume permitting the use of medical cannabis within the facility.
(b) (a) of this subsection does not permit a hospital, nursing home, or hospice care center to prohibit patient use of medical cannabis due solely to the fact that cannabis is a Schedule I drug pursuant to the federal uniform controlled substances act, or other federal constraints on the use of medicinal cannabis that were in existence prior to June 11, 2026.
[ 2026 c 20 s 2.]
Notes:
Intent—Finding—2026 c 20: "(1) The legislature finds that the medical use of cannabis may support improved quality of life for a qualifying patient, as defined in RCW 69.51A.010, with a terminal condition.
(2) It is the intent of the legislature:
(a) To promote dignity and comfort for terminally ill patients while maintaining the integrity and safety of health care environments; and
(b) That hospitals, nursing homes, and hospice care centers develop policies consistent with existing Washington law regarding the medical use of cannabis that allow the medical use of cannabis by a qualifying patient with a terminal condition in the facility." [ 2026 c 20 s 1.]
Short title—2026 c 20: "This act may be known and cited as "Ryan's law."" [ 2026 c 20 s 6.]

catchline: Medical use of cannabis in health care facilities—Policy requirements—Limitations.


title: RCW 69.51A.225

text:
A school district must permit a student who meets the requirements of RCW 69.51A.220 to consume cannabis-infused products on school grounds, aboard a school bus, or while attending a school-sponsored event. The use must be in accordance with school policy relating to medical cannabis use on school grounds, aboard a school bus, or while attending a school-sponsored event, as adopted under RCW 28A.210.325.
[ 2022 c 16 s 126; 2019 c 204 s 2.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.

catchline: Students who qualify for the medical use of cannabis—Consumption of cannabis-infused products on school grounds.