The Board of Wellness emergency rule at chapter 246-80 WAC banning flavored marijuana vapor solutions designed a economic liability for quite a few marijuana licensees. Existing Board guidelines do not permit retailers to return the banned solutions in exchange for credit to be utilized for future buy of allowed products.
Relevant statutes and guidelines:
- RCW 69.50.328 Marijuana producer processor – No direct or indirect economic interest in licensed marijuana retailers.
- WAC 314-55-018 Prohibited practices – Funds advances – Contracts – Gifts – Rebates, discounts, and exceptions, and so on.
- WAC 314-55-077(12) Marijuana could not be returned by any retail licensee to any processor except as supplied in this section.
Returns for Credit
In an work to assistance retailers and processors, the Washington State Liquor and Cannabis Board (WSLCB) nowadays, by way of Board Interim Policy 15-2019, is permitting, for a restricted time, WSLCB licensed marijuana retailers to return flavored marijuana concentrates for inhalation and flavored marijuana extracts for inhalation, as defined in chapter 246-80 WAC, to WSLCB licensed marijuana processors for credit against future purchases of marijuana solutions. This Board Interim Policy is efficient promptly and retroactive to Oct. 10, 2019.
WSLCB licensed marijuana processors could grant credit to WSLCB licensed marijuana retailers for return of flavored marijuana concentrates for inhalation and flavored marijuana extracts for inhalation, as defined in chapter 246-80 WAC, against future purchases of marijuana solutions.
WSLCB licensed processors could accept banned vapor solutions and problem a refund, credit, or exchange of related solution, not to exceed the acquisition expense of the solution becoming returned, till December 31, 2019. A credit balance could be maintained for up to six months, till June 30, 2020. Records should be maintained that clearly show a detailed accounting of each and every transaction involving a return for refund, credit, or exchange. A record of all expired credit should also maintained. All records most comply with WAC 314-55-087.
The Board reserves its discretion to extend or rescind BIP 15-2019 as essential.