Medical cannabis

AN ACT Relating to expanding access to medical cannabis 1
consultants and department of health compliant cannabis product; and 2
amending RCW 69.50.325, 69.50.375, 69.51A.230, 69.51A.290, and 3
69.51A.310. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 69.50.325 and 2022 c 16 s 54 are each amended to 6
read as follows: 7
(1) There shall be a cannabis producer's license regulated by the 8
board and subject to annual renewal. The licensee is authorized to 9
produce: (a) Cannabis for sale at wholesale to cannabis processors 10
and other cannabis producers; (b) immature plants or clones and seeds 11
for sale to cooperatives as described under RCW 69.51A.250; and (c) 12
immature plants or clones and seeds for sale to qualifying patients 13
and designated providers as provided under RCW 69.51A.310. The 14
production, possession, delivery, distribution, and sale of cannabis 15
in accordance with the provisions of this chapter and the rules 16
adopted to implement and enforce it, by a validly licensed cannabis 17
producer, shall not be a criminal or civil offense under Washington 18
state law. Every cannabis producer's license shall be issued in the 19
name of the applicant, shall specify the location at which the 20
cannabis producer intends to operate, which must be within the state 21
H-2154.1
HOUSE BILL 2078
State of Washington 69th Legislature 2025 Regular Session
By Representatives Kloba and Wylie
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of Washington, and the holder thereof shall not allow any other 1
person to use the license. The application fee for a cannabis 2
producer's license shall be two hundred fifty dollars. The annual fee 3
for issuance and renewal of a cannabis producer's license shall be 4
one thousand three hundred eighty-one dollars. A separate license 5
shall be required for each location at which a cannabis producer 6
intends to produce cannabis. 7
(2) There shall be a cannabis processor's license to process, 8
package, and label cannabis concentrates, useable cannabis, and 9
cannabis-infused products for sale at wholesale to cannabis 10
processors and cannabis retailers, regulated by the board and subject 11
to annual renewal. The licensee may sell cannabis concentrates, 12
usable cannabis, and cannabis-infused products, identified by the 13
department as a compliant cannabis product in chapter 246-70 WAC and 14
tested to the standards in WAC 246-70-050, to qualifying patients and 15
designated providers as provided under RCW 69.51A.310 if the licensee 16
obtains a medical cannabis endorsement under RCW 69.50.375. The 17
processing, packaging, possession, delivery, distribution, and sale 18
of cannabis, useable cannabis, cannabis-infused products, and 19
cannabis concentrates in accordance with the provisions of this 20
chapter and chapter 69.51A RCW and the rules adopted to implement and 21
enforce these chapters, by a validly licensed cannabis processor, 22
shall not be a criminal or civil offense under Washington state law. 23
Every cannabis processor's license shall be issued in the name of the 24
applicant, shall specify the location at which the licensee intends 25
to operate, which must be within the state of Washington, and the 26
holder thereof shall not allow any other person to use the license. 27
The application fee for a cannabis processor's license shall be two 28
hundred fifty dollars. The annual fee for issuance and renewal of a 29
cannabis processor's license shall be one thousand three hundred 30
eighty-one dollars. A separate license shall be required for each 31
location at which a cannabis processor intends to process cannabis.32
(3)(a) There shall be a cannabis retailer's license to sell 33
cannabis concentrates, useable cannabis, and cannabis-infused 34
products at retail in retail outlets, regulated by the board and 35
subject to annual renewal. The possession, delivery, distribution, 36
and sale of cannabis concentrates, useable cannabis, and cannabis-37
infused products in accordance with the provisions of this chapter 38
and the rules adopted to implement and enforce it, by a validly 39
licensed cannabis retailer, shall not be a criminal or civil offense 40
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under Washington state law. Every cannabis retailer's license shall 1
be issued in the name of the applicant, shall specify the location of 2
the retail outlet the licensee intends to operate, which must be 3
within the state of Washington, and the holder thereof shall not 4
allow any other person to use the license. The application fee for a 5
cannabis retailer's license shall be two hundred fifty dollars. The 6
annual fee for issuance and renewal of a cannabis retailer's license 7
shall be one thousand three hundred eighty-one dollars. A separate 8
license shall be required for each location at which a cannabis 9
retailer intends to sell cannabis concentrates, useable cannabis, and 10
cannabis-infused products. 11
(b) An individual retail licensee and all other persons or 12
entities with a financial or other ownership interest in the business 13
operating under the license are limited, in the aggregate, to holding 14
a collective total of not more than five retail cannabis licenses.15
(c)(i) A cannabis retailer's license is subject to forfeiture in 16
accordance with rules adopted by the board pursuant to this section.17
(ii) The board shall adopt rules to establish a license 18
forfeiture process for a licensed cannabis retailer that is not fully 19
operational and open to the public within a specified period from the 20
date of license issuance, as established by the board, subject to the 21
following restrictions: 22
(A) No cannabis retailer's license may be subject to forfeiture 23
within the first nine months of license issuance; and24
(B) The board must require license forfeiture on or before 25
twenty-four calendar months of license issuance if a cannabis 26
retailer is not fully operational and open to the public, unless the 27
board determines that circumstances out of the licensee's control are 28
preventing the licensee from becoming fully operational and that, in 29
the board's discretion, the circumstances warrant extending the 30
forfeiture period beyond twenty-four calendar months.31
(iii) The board has discretion in adopting rules under this 32
subsection (3)(c). 33
(iv) This subsection (3)(c) applies to cannabis retailer's 34
licenses issued before and after July 23, 2017. However, no license 35
of a cannabis retailer that otherwise meets the conditions for 36
license forfeiture established pursuant to this subsection (3)(c) may 37
be subject to forfeiture within the first nine calendar months of 38
July 23, 2017. 39
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(v) The board may not require license forfeiture if the licensee 1
has been incapable of opening a fully operational retail cannabis 2
business due to actions by the city, town, or county with 3
jurisdiction over the licensee that include any of the following:4
(A) The adoption of a ban or moratorium that prohibits the 5
opening of a retail cannabis business; or 6
(B) The adoption of an ordinance or regulation related to zoning, 7
business licensing, land use, or other regulatory measure that has 8
the effect of preventing a licensee from receiving an occupancy 9
permit from the jurisdiction or which otherwise prevents a licensed 10
cannabis retailer from becoming operational. 11
(d) The board may issue cannabis retailer licenses pursuant to 12
this chapter and RCW 69.50.335. 13
Sec. 2. RCW 69.50.375 and 2022 c 16 s 77 are each amended to 14
read as follows: 15
(1) A medical cannabis endorsement to a cannabis retail license 16
or a cannabis processor license is hereby established to permit a 17
cannabis retailer to sell cannabis for medical use to qualifying 18
patients and designated providers. This endorsement also permits such 19
retailers or processors to provide cannabis at no charge, at their 20
discretion, to qualifying patients and designated providers.21
(2) An applicant may apply for a medical cannabis endorsement 22
concurrently with an application for a cannabis retail license or a 23
cannabis processor license. 24
(3) To be issued an endorsement, a cannabis retailer or cannabis 25
processor must: 26
(a) Not authorize the medical use of cannabis for qualifying 27
patients at the retail outlet , processor's location, or permit health 28
care professionals to authorize the medical use of cannabis for 29
qualifying patients at the retail outlet or processor's location;30
(b) Carry cannabis concentrates and cannabis-infused products 31
identified by the department under subsection (4) of this section;32
(c) Not use labels or market cannabis concentrates, useable 33
cannabis, or cannabis-infused products in a way that make them 34
intentionally attractive to minors; 35
(d) Demonstrate the ability to enter qualifying patients and 36
designated providers in the medical cannabis authorization database 37
established in RCW 69.51A.230 and issue recognition cards and agree 38
to enter qualifying patients and designated providers into the 39
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database and issue recognition cards in compliance with department 1
standards; 2
(e) Keep copies of the qualifying patient's or designated 3
provider's recognition card, or keep equivalent records as required 4
by rule of the board or the department of revenue to document the 5
validity of tax exempt sales; and 6
(f) Meet other requirements as adopted by rule of the department 7
or the board. 8
(4) The department, in conjunction with the board, must adopt 9
rules on requirements for cannabis concentrates, useable cannabis, 10
and cannabis-infused products that may be sold, or provided at no 11
charge, to qualifying patients or designated providers at a retail 12
outlet or by a cannabis processor holding a medical cannabis 13
endorsement. These rules must include: 14
(a) THC concentration, CBD concentration, or low THC, high CBD 15
ratios appropriate for cannabis concentrates, useable cannabis, or 16
cannabis-infused products sold to qualifying patients or designated 17
providers; 18
(b) Labeling requirements including that the labels attached to 19
cannabis concentrates, useable cannabis, or cannabis-infused products 20
contain THC concentration, CBD concentration, and THC to CBD ratios;21
(c) Other product requirements, including any additional mold, 22
fungus, or pesticide testing requirements, or limitations to the 23
types of solvents that may be used in cannabis processing that the 24
department deems necessary to address the medical needs of qualifying 25
patients; 26
(d) Safe handling requirements for cannabis concentrates, useable 27
cannabis, or cannabis-infused products; and 28
(e) Training requirements for employees. 29
(5) A cannabis retailer or cannabis processor holding an 30
endorsement to sell cannabis to qualifying patients or designated 31
providers must train its employees on: 32
(a) Procedures regarding the recognition of valid authorizations 33
and the use of equipment to enter qualifying patients and designated 34
providers into the medical cannabis authorization database;35
(b) Recognition of valid recognition cards; and36
(c) Recognition of strains, varieties, THC concentration, CBD 37
concentration, and THC to CBD ratios of cannabis concentrates, 38
useable cannabis, and cannabis-infused products, available for sale 39
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when assisting qualifying patients and designated providers at the 1
retail outlet or processor's location. 2
Sec. 3. RCW 69.51A.230 and 2022 c 16 s 127 are each amended to 3
read as follows: 4
(1) The department must contract with an entity to create, 5
administer, and maintain a secure and confidential medical cannabis 6
authorization database that allows: 7
(a) A cannabis retailer with a medical cannabis endorsement , a 8
cannabis processor with a medical cannabis endorsement, or a health 9
care professional to add a qualifying patient or designated provider 10
and include the amount of cannabis concentrates, useable cannabis, 11
cannabis-infused products, or plants for which the qualifying patient 12
is authorized under RCW 69.51A.210; 13
(b) Persons authorized to prescribe or dispense controlled 14
substances to access health care information on their patients for 15
the purpose of providing medical or pharmaceutical care for their 16
patients; 17
(c) A qualifying patient or designated provider to request and 18
receive his or her own health care information or information on any 19
person or entity that has queried their name or information;20
(d) Appropriate local, state, tribal, and federal law enforcement 21
or prosecutorial officials who are engaged in a bona fide specific 22
investigation of suspected cannabis-related activity that may be 23
illegal under Washington state law to confirm the validity of the 24
recognition card of a qualifying patient or designated provider;25
(e) A cannabis retailer or a cannabis processor holding a medical 26
cannabis endorsement to confirm the validity of the recognition card 27
of a qualifying patient or designated provider; 28
(f) The department of revenue to verify tax exemptions under 29
chapters 82.08 and 82.12 RCW; 30
(g) The department and the health care professional's 31
disciplining authorities to monitor authorizations and ensure 32
compliance with this chapter and chapter 18.130 RCW by their 33
licensees; and 34
(h) Authorizations to expire six months or one year after entry 35
into the medical cannabis authorization database, depending on 36
whether the authorization is for a minor or an adult.37
(2) A qualifying patient and his or her designated provider, if 38
any, may be placed in the medical cannabis authorization database at 39
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a cannabis retailer with a medical cannabis endorsement , at a 1
cannabis processor with a medical cannabis endorsement, or at the 2
office of their health care professional . After a qualifying patient 3
or designated provider is placed in the medical cannabis 4
authorization database, he or she must be provided with a recognition 5
card that contains identifiers required in subsection (3) of this 6
section. 7
(3) The recognition card requirements must be developed by the 8
department in rule and include: 9
(a) A randomly generated and unique identifying number;10
(b) For designated providers, the unique identifying number of 11
the qualifying patient whom the provider is assisting;12
(c) A photograph of the qualifying patient's or designated 13
provider's face taken by an employee of the cannabis retailer with a 14
medical cannabis endorsement , by the cannabis processor with a 15
medical cannabis endorsement, or by the health care professional at 16
the same time that the qualifying patient or designated provider is 17
being placed in the medical cannabis authorization database in 18
accordance with rules adopted by the department; 19
(d) The amount of cannabis concentrates, useable cannabis, 20
cannabis-infused products, or plants for which the qualifying patient 21
is authorized under RCW 69.51A.210; 22
(e) The effective date and expiration date of the recognition 23
card; 24
(f) The name of the health care professional who authorized the 25
qualifying patient or designated provider; and 26
(g) For the recognition card, additional security features as 27
necessary to ensure its validity. 28
(4)(a) For qualifying patients who are eighteen years of age or 29
older and their designated providers, recognition cards are valid for 30
one year from the date the health care professional issued the 31
authorization. For qualifying patients who are under the age of 32
eighteen and their designated providers, recognition cards are valid 33
for six months from the date the health care professional issued the 34
authorization. Qualifying patients may not be reentered into the 35
medical cannabis authorization database until they have been 36
reexamined by a health care professional and determined to meet the 37
definition of qualifying patient. After reexamination, a cannabis 38
retailer with a medical cannabis endorsement , a cannabis processor 39
with a medical cannabis endorsement, or a health care professional 40
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must reenter the qualifying patient or designated provider into the 1
medical cannabis authorization database and a new recognition card 2
will then be issued in accordance with department rules.3
(b) A qualifying patient's registration in the medical cannabis 4
authorization database and his or her recognition card may be renewed 5
by a qualifying patient's designated provider without the physical 6
presence of the qualifying patient at the retailer , processor, or 7
office of the health care professional if the authorization from the 8
health care professional indicates that the qualifying patient 9
qualifies for a compassionate care renewal, as provided in RCW 10
69.51A.030. A qualifying patient receiving renewals under the 11
compassionate care renewal provisions is exempt from the photograph 12
requirements under subsection (3)(c) of this section.13
(5) If a recognition card is lost or stolen, a cannabis retailer 14
with a medical cannabis endorsement, a cannabis processor with a 15
medical cannabis endorsement, or a health care professional, in 16
conjunction with the database administrator, may issue a new card 17
that will be valid for six months to one year if the patient is 18
reexamined by a health care professional and determined to meet the 19
definition of qualifying patient and depending on whether the patient 20
is under the age of eighteen or eighteen years of age or older as 21
provided in subsection (4) of this section. If a reexamination is not 22
performed, the expiration date of the replacement recognition card 23
must be the same as the lost or stolen recognition card.24
(6) The database administrator must remove qualifying patients 25
and designated providers from the medical cannabis authorization 26
database upon expiration of the recognition card. Qualifying patients 27
and designated providers may request to remove themselves from the 28
medical cannabis authorization database before expiration of a 29
recognition card and health care professionals may request to remove 30
qualifying patients and designated providers from the medical 31
cannabis authorization database if the patient or provider no longer 32
qualifies for the medical use of cannabis. The database administrator 33
must retain database records for at least five calendar years to 34
permit the state liquor and cannabis board and the department of 35
revenue to verify eligibility for tax exemptions. 36
(7) During development of the medical cannabis authorization 37
database, the database administrator must consult with the 38
department, stakeholders, and persons with relevant expertise to 39
include, but not be limited to, qualifying patients, designated 40
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providers, health care professionals, state and local law enforcement 1
agencies, and the University of Washington computer science and 2
engineering security and privacy research lab or a certified 3
cybersecurity firm, vendor, or service. 4
(8) The medical cannabis authorization database must meet the 5
following requirements: 6
(a) Any personally identifiable information included in the 7
database must be nonreversible, pursuant to definitions and standards 8
set forth by the national institute of standards and technology;9
(b) Any personally identifiable information included in the 10
database must not be susceptible to linkage by use of data external 11
to the database; 12
(c) The database must incorporate current best differential 13
privacy practices, allowing for maximum accuracy of database queries 14
while minimizing the chances of identifying the personally 15
identifiable information included therein; and 16
(d) The database must be upgradable and updated in a timely 17
fashion to keep current with state of the art privacy and security 18
standards and practices. 19
(9)(a) Personally identifiable information of qualifying patients 20
and designated providers included in the medical cannabis 21
authorization database is confidential and exempt from public 22
disclosure, inspection, or copying under chapter 42.56 RCW.23
(b) Information contained in the medical cannabis authorization 24
database may be released in aggregate form, with all personally 25
identifiable information redacted, for the purpose of statistical 26
analysis and oversight of agency performance and actions.27
(c) Information contained in the medical cannabis authorization 28
database shall not be shared with the federal government or its 29
agents unless the particular qualifying patient or designated 30
provider is convicted in state court for violating this chapter or 31
chapter 69.50 RCW. 32
(10) The department must charge a one dollar fee for each initial 33
and renewal recognition card issued by a cannabis retailer with a 34
medical cannabis endorsement , a cannabis processor with a medical 35
cannabis endorsement, or a health care professional . The cannabis 36
retailer with a medical cannabis endorsement , the cannabis processor 37
with a medical cannabis endorsement, or the health care professional 38
shall collect the fee from the qualifying patient or designated 39
provider at the time that he or she is entered into the database and 40
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issued a recognition card. The department shall establish a schedule 1
for cannabis retailers with a medical cannabis endorsement , cannabis 2
processors with a medical cannabis endorsement, or health care 3
professionals to remit the fees collected. Fees collected under this 4
subsection shall be deposited into the dedicated cannabis account 5
created under RCW 69.50.530. 6
(11) If the database administrator fails to comply with this 7
section, the department may cancel any contracts with the database 8
administrator and contract with another database administrator to 9
continue administration of the database. A database administrator who 10
fails to comply with this section is subject to a fine of up to five 11
thousand dollars in addition to any penalties established in the 12
contract. Fines collected under this section must be deposited into 13
((the health professions account created under RCW 43.70.320)) the 14
dedicated cannabis account under RCW 69.50.530. 15
(12) The department may adopt rules to implement this section.16
Sec. 4. RCW 69.51A.290 and 2022 c 16 s 132 are each amended to 17
read as follows: 18
A medical cannabis consultant certificate is hereby established.19
(1) In addition to any other authority provided by law, the 20
secretary of the department may: 21
(a) Adopt rules, in accordance with chapter 34.05 RCW, necessary 22
to implement this chapter; 23
(b) Establish forms and procedures necessary to administer this 24
chapter; 25
(c) Approve training or education programs that meet the 26
requirements of this section and any rules adopted to implement it;27
(d) Receive criminal history record information that includes 28
nonconviction information data for any purpose associated with 29
initial certification or renewal of certification. The secretary 30
shall require each applicant for initial certification to obtain a 31
state or federal criminal history record information background check 32
through the state patrol or the state patrol and the identification 33
division of the federal bureau of investigation prior to the issuance 34
of any certificate. The secretary shall specify those situations 35
where a state background check is inadequate and an applicant must 36
obtain an electronic fingerprint-based national background check 37
through the state patrol and federal bureau of investigation. 38
Situations where a background check is inadequate may include 39
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instances where an applicant has recently lived out-of-state or where 1
the applicant has a criminal record in Washington; 2
(e) Establish administrative procedures, administrative 3
requirements, and fees in accordance with RCW 43.70.110 and 4
43.70.250; and 5
(f) Maintain the official department record of all applicants and 6
certificate holders. 7
(2) A training or education program approved by the secretary 8
must include the following topics: 9
(a) The medical conditions that constitute terminal or 10
debilitating conditions, and the symptoms of those conditions;11
(b) Short and long-term effects of cannabinoids;12
(c) Products that may benefit qualifying patients based on the 13
patient's terminal or debilitating medical condition;14
(d) Risks and benefits of various routes of administration;15
(e) Safe handling and storage of useable cannabis, cannabis-16
infused products, and cannabis concentrates, including strategies to 17
reduce access by minors; 18
(f) Demonstrated knowledge of this chapter and the rules adopted 19
to implement it; and 20
(g) Other subjects deemed necessary and appropriate by the 21
secretary to ensure medical cannabis consultant certificate holders 22
are able to provide evidence-based and medically accurate advice on 23
the medical use of cannabis. 24
(3) Medical cannabis consultant certificates are subject to 25
annual renewals and continuing education requirements established by 26
the secretary. 27
(4) The secretary shall have the power to refuse, suspend, or 28
revoke the certificate of any medical cannabis consultant upon proof 29
that: 30
(a) The certificate was procured through fraud, 31
misrepresentation, or deceit; 32
(b) The certificate holder has committed acts in violation of 33
subsection (6) of this section; or 34
(c) The certificate holder has violated or has permitted any 35
employee or volunteer to violate any of the laws of this state 36
relating to drugs or controlled substances or has been convicted of a 37
felony. 38
In any case of the refusal, suspension, or revocation of a 39
certificate by the secretary under the provisions of this chapter, 40
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appeal may be taken in accordance with chapter 34.05 RCW, the 1
administrative procedure act. 2
(5)(a) A medical cannabis consultant may provide the 3
((following)) services ((when acting as )) listed in (b) of this 4
subsection either in person or remotely:5
(i) As an owner, employee, or volunteer of a retail outlet 6
licensed under RCW 69.50.354 and holding a medical cannabis 7
endorsement under RCW 69.50.375((:8
(a)));9
(ii) As an employee or volunteer of a health care professional;10
(iii) As an employee or volunteer of a licensed cannabis 11
processor under RCW 69.50.325 with a medical cannabis endorsement 12
under RCW 69.50.375; or13
(iv) As self-employed.14
(b) Services permitted to be provided by persons under (a) of 15
this subsection are as follows:16
(i) Assisting a customer with the selection of products sold at 17
((the)) a retail outlet or by a cannabis processor that may benefit 18
the qualifying patient's terminal or debilitating medical condition;19
(((b))) (ii) Describing the risks and benefits of products sold 20
at ((the)) a retail outlet or a cannabis processor location;21
(((c))) (iii) Describing the risks and benefits of methods of 22
administration of products sold at ((the)) a retail outlet or a 23
cannabis processor location; 24
(((d))) (iv) Advising a customer about the safe handling and 25
storage of useable cannabis, cannabis-infused products, and cannabis 26
concentrates, including strategies to reduce access by minors; and27
(((e))) (v) Providing instruction and demonstrations to customers 28
about proper use and application of useable cannabis, cannabis-29
infused products, and cannabis concentrates. 30
(6) Nothing in this section authorizes a medical cannabis 31
consultant to: 32
(a) Offer or undertake to diagnose or cure any human disease, 33
ailment, injury, infirmity, deformity, pain, or other condition, 34
physical or mental, real or imaginary, by use of cannabis or any 35
other means or instrumentality; or 36
(b) Recommend or suggest modification or elimination of any 37
course of treatment that does not involve the medical use of 38
cannabis. 39
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(7) Nothing in this section requires an owner, employee, or 1
volunteer of a retail outlet licensed under RCW 69.50.354 ((and 2
holding)) or a cannabis processor licensed under RCW 69.50.325 with a 3
medical cannabis endorsement under RCW 69.50.375 to obtain a medical 4
cannabis consultant certification. 5
(8) Nothing in this section applies to the practice of a health 6
care profession by individuals who are licensed, certified, or 7
registered in a profession listed in RCW 18.130.040(2) and who are 8
performing services within their authorized scope of practice.9
Sec. 5. RCW 69.51A.310 and 2022 c 16 s 134 are each amended to 10
read as follows: 11
Qualifying patients and designated providers, who hold a 12
recognition card and have been entered into the medical cannabis 13
authorization database, may purchase ((immature)):14
(1) Immature plants or clones from a licensed cannabis producer 15
as defined in RCW 69.50.101((. Qualifying patients and designated 16
providers may also purchase cannabis));17
(2) Cannabis seeds from a licensed cannabis producer; and18
(3) Cannabis concentrates, usable cannabis, and cannabis-infused 19
products, identified by the department as a compliant cannabis 20
product in chapter 246-70 WAC and tested to the standards in WAC 21
246-70-050, from a cannabis processor as defined in RCW 69.50.101.22
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