Cannabis licensees/distance

AN ACT Relating to supporting social equity in the cannabis 1
industry by establishing distance requirements for certain licensees; 2
and amending RCW 69.50.331. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 69.50.331 and 2023 c 220 s 2 are each amended to 5
read as follows: 6
(1) For the purpose of considering any application for a license 7
to produce, process, research, transport, or deliver cannabis, 8
useable cannabis, cannabis concentrates, or cannabis-infused products 9
subject to the regulations established under RCW 69.50.385, or sell 10
cannabis, or for the renewal of a license to produce, process, 11
research, transport, or deliver cannabis, useable cannabis, cannabis 12
concentrates, or cannabis-infused products subject to the regulations 13
established under RCW 69.50.385, or sell cannabis, the board must 14
conduct a comprehensive, fair, and impartial evaluation of the 15
applications timely received. 16
(a) The board may cause an inspection of the premises to be made, 17
and may inquire into all matters in connection with the construction 18
and operation of the premises. For the purpose of reviewing any 19
application for a license and for considering the denial, suspension, 20
revocation, cancellation, or renewal or denial thereof, of any 21
S-1483.1
SENATE BILL 5758
State of Washington 69th Legislature 2025 Regular Session
By Senators Saldaña and Nobles
Read first time 02/17/25. Referred to Committee on Labor & Commerce.
p. 1 SB 5758
license, the board may consider any prior criminal arrests or 1
convictions of the applicant, any public safety administrative 2
violation history record with the board, and a criminal history 3
record information check. The board may submit the criminal history 4
record information check to the Washington state patrol and to the 5
identification division of the federal bureau of investigation in 6
order that these agencies may search their records for prior arrests 7
and convictions of the individual or individuals who filled out the 8
forms. The board must require fingerprinting of any applicant whose 9
criminal history record information check is submitted to the federal 10
bureau of investigation. The provisions of RCW 9.95.240 and of 11
chapter 9.96A RCW do not apply to these cases. Subject to the 12
provisions of this section, the board may, in its discretion, grant 13
or deny the renewal or license applied for. Denial may be based on, 14
without limitation, the existence of chronic illegal activity 15
documented in objections submitted pursuant to subsections (7)(c) and 16
(10) of this section. Authority to approve an uncontested or 17
unopposed license may be granted by the board to any staff member the 18
board designates in writing. Conditions for granting this authority 19
must be adopted by rule. 20
(b) No license of any kind may be issued to: 21
(i) A person under the age of 21 years; 22
(ii) A person doing business as a sole proprietor who has not 23
lawfully resided in the state for at least six months prior to 24
applying to receive a license; 25
(iii) A partnership, employee cooperative, association, nonprofit 26
corporation, or corporation unless formed under the laws of this 27
state, and unless all of the members thereof are qualified to obtain 28
a license as provided in this section; or 29
(iv) A person whose place of business is conducted by a manager 30
or agent, unless the manager or agent possesses the same 31
qualifications required of the licensee. 32
(2)(a) The board may, in its discretion, subject to RCW 33
43.05.160, 69.50.563, 69.50.562, 69.50.334, and 69.50.342(3) suspend 34
or cancel any license; and all protections of the licensee from 35
criminal or civil sanctions under state law for producing, 36
processing, researching, or selling cannabis, cannabis concentrates, 37
useable cannabis, or cannabis-infused products thereunder must be 38
suspended or terminated, as the case may be. 39
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(b) The board must immediately suspend the license of a person 1
who has been certified pursuant to RCW 74.20A.320 by the department 2
of social and health services as a person who is not in compliance 3
with a support order. If the person has continued to meet all other 4
requirements for reinstatement during the suspension, reissuance of 5
the license is automatic upon the board's receipt of a release issued 6
by the department of social and health services stating that the 7
licensee is in compliance with the order. 8
(c) The board may request the appointment of administrative law 9
judges under chapter 34.12 RCW who shall have power to administer 10
oaths, issue subpoenas for the attendance of witnesses and the 11
production of papers, books, accounts, documents, and testimony, 12
examine witnesses, receive testimony in any inquiry, investigation, 13
hearing, or proceeding in any part of the state, and consider 14
mitigating and aggravating circumstances in any case and deviate from 15
any prescribed penalty, under rules the board may adopt.16
(d) Witnesses must be allowed fees and mileage each way to and 17
from any inquiry, investigation, hearing, or proceeding at the rate 18
authorized by RCW 34.05.446. Fees need not be paid in advance of 19
appearance of witnesses to testify or to produce books, records, or 20
other legal evidence. 21
(e) In case of disobedience of any person to comply with the 22
order of the board or a subpoena issued by the board, or any of its 23
members, or administrative law judges, or on the refusal of a witness 24
to testify to any matter regarding which he or she may be lawfully 25
interrogated, the judge of the superior court of the county in which 26
the person resides, on application of any member of the board or 27
administrative law judge, compels obedience by contempt proceedings, 28
as in the case of disobedience of the requirements of a subpoena 29
issued from said court or a refusal to testify therein.30
(3) Upon receipt of notice of the suspension or cancellation of a 31
license, the licensee must forthwith deliver up the license to the 32
board. Where the license has been suspended only, the board must 33
return the license to the licensee at the expiration or termination 34
of the period of suspension. The board must notify all other 35
licensees in the county where the subject licensee has its premises 36
of the suspension or cancellation of the license; and no other 37
licensee or employee of another licensee may allow or cause any 38
cannabis, cannabis concentrates, useable cannabis, or cannabis-39
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infused products to be delivered to or for any person at the premises 1
of the subject licensee. 2
(4) Every license issued under this chapter is subject to all 3
conditions and restrictions imposed by this chapter or by rules 4
adopted by the board to implement and enforce this chapter. All 5
conditions and restrictions imposed by the board in the issuance of 6
an individual license must be listed on the face of the individual 7
license along with the trade name, address, and expiration date.8
(5) Every licensee must post and keep posted its license, or 9
licenses, in a conspicuous place on the premises. 10
(6) No licensee may employ any person under the age of 21 years.11
(7)(a) Before the board issues a new or renewed license to an 12
applicant it must give notice of the application to the chief 13
executive officer of the incorporated city or town, if the 14
application is for a license within an incorporated city or town, or 15
to the county legislative authority, if the application is for a 16
license outside the boundaries of incorporated cities or towns, or to 17
the tribal government if the application is for a license within 18
Indian country, or to the port authority if the application for a 19
license is located on property owned by a port authority.20
(b) The incorporated city or town through the official or 21
employee selected by it, the county legislative authority or the 22
official or employee selected by it, the tribal government, or port 23
authority has the right to file with the board within twenty days 24
after the date of transmittal of the notice for applications, or at 25
least thirty days prior to the expiration date for renewals, written 26
objections against the applicant or against the premises for which 27
the new or renewed license is asked. The board may extend the time 28
period for submitting written objections upon request from the 29
authority notified by the board. 30
(c) The written objections must include a statement of all facts 31
upon which the objections are based, and in case written objections 32
are filed, the city or town or county legislative authority may 33
request, and the board may in its discretion hold, a hearing subject 34
to the applicable provisions of Title 34 RCW. If the board makes an 35
initial decision to deny a license or renewal based on the written 36
objections of an incorporated city or town or county legislative 37
authority, the applicant may request a hearing subject to the 38
applicable provisions of Title 34 RCW. If a hearing is held at the 39
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request of the applicant, board representatives must present and 1
defend the board's initial decision to deny a license or renewal.2
(d) Upon the granting of a license under this title the board 3
must send written notification to the chief executive officer of the 4
incorporated city or town in which the license is granted, or to the 5
county legislative authority if the license is granted outside the 6
boundaries of incorporated cities or towns. 7
(8)(a) Except as provided in (b) through (e) of this subsection, 8
the board may not issue ((a license)):9
(i) A license, excluding those issued under RCW 69.50.335(1), for 10
any premises within 1,000 feet of the perimeter of the grounds of any 11
elementary or secondary school, playground, recreation center or 12
facility, child care center, public park, public transit center, or 13
library, or any game arcade admission to which is not restricted to 14
persons aged 21 years or older; or15
(ii) A license under RCW 69.50.335(1) for any premises within 500 16
feet of the perimeter of the grounds of any elementary or secondary 17
school, playground, recreation center or facility, child care center, 18
public park, public transit center, or library, or any game arcade 19
admission to which is not restricted to persons aged 21 years or 20
older. 21
(b) A city, county, or town may permit the licensing of premises 22
within ((1,000 feet but not less than 100 feet )) the restricted 23
distance of the facilities as described in (a) of this subsection, 24
except elementary schools, secondary schools, and playgrounds, by 25
enacting an ordinance authorizing such distance reduction, provided 26
that such distance reduction will not negatively impact the 27
jurisdiction's civil regulatory enforcement, criminal law enforcement 28
interests, public safety, or public health. 29
(c) A city, county, or town may permit the licensing of research 30
premises allowed under RCW 69.50.372 within 1,000 feet but not less 31
than 100 feet of the facilities described in (a) of this subsection 32
by enacting an ordinance authorizing such distance reduction, 33
provided that the ordinance will not negatively impact the 34
jurisdiction's civil regulatory enforcement, criminal law 35
enforcement, public safety, or public health. 36
(d) The board may license premises located in compliance with the 37
distance requirements set in an ordinance adopted under (b) or (c) of 38
this subsection. Before issuing or renewing a research license for 39
premises within 1,000 feet but not less than 100 feet of an 40
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elementary school, secondary school, or playground in compliance with 1
an ordinance passed pursuant to (c) of this subsection, the board 2
must ensure that the facility: 3
(i) Meets a security standard exceeding that which applies to 4
cannabis producer, processor, or retailer licensees;5
(ii) Is inaccessible to the public and no part of the operation 6
of the facility is in view of the general public; and7
(iii) Bears no advertising or signage indicating that it is a 8
cannabis research facility. 9
(e) The board must issue a certificate of compliance if the 10
premises met the requirements under (a), (b), (c), or (d) of this 11
subsection on the date of the application. The certificate allows the 12
licensee to operate the business at the proposed location 13
notwithstanding a later occurring, otherwise disqualifying factor.14
(f) The board may not issue a license for any premises within 15
Indian country, as defined in 18 U.S.C. Sec. 1151, including any fee 16
patent lands within the exterior boundaries of a reservation, without 17
the consent of the federally recognized tribe associated with the 18
reservation or Indian country. 19
(g) A city, town, or county may not restrict the retail premises 20
of a cannabis license issued under RCW 69.50.335(1) from locating 21
more than 250 feet from the premises of any other cannabis retail 22
license.23
(9) A city, town, or county may adopt an ordinance prohibiting a 24
cannabis producer or cannabis processor from operating or locating a 25
business within areas zoned primarily for residential use or rural 26
use with a minimum lot size of five acres or smaller.27
(10) In determining whether to grant or deny a license or renewal 28
of any license, the board must give substantial weight to objections 29
from an incorporated city or town or county legislative authority 30
based upon chronic illegal activity associated with the applicant's 31
operations of the premises proposed to be licensed or the applicant's 32
operation of any other licensed premises, or the conduct of the 33
applicant's patrons inside or outside the licensed premises. "Chronic 34
illegal activity" means (a) a pervasive pattern of activity that 35
threatens the public health, safety, and welfare of the city, town, 36
or county including, but not limited to, open container violations, 37
assaults, disturbances, disorderly conduct, or other criminal law 38
violations, or as documented in crime statistics, police reports, 39
emergency medical response data, calls for service, field data, or 40
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similar records of a law enforcement agency for the city, town, 1
county, or any other municipal corporation or any state agency; or 2
(b) an unreasonably high number of citations for violations of RCW 3
46.61.502 associated with the applicant's or licensee's operation of 4
any licensed premises as indicated by the reported statements given 5
to law enforcement upon arrest. 6
(11) The board may not issue a cannabis retail license for any 7
premises not currently licensed if: 8
(a) The board receives a written objection from the legislative 9
authority of an incorporated city or town, or county legislative 10
authority, relating to the physical location of the proposed 11
premises; 12
(b) The objection to the location from the incorporated city or 13
town, or county legislative authority, is received by the board 14
within 20 days of the board notifying the incorporated city or town, 15
or county legislative authority, of the proposed cannabis retail 16
location; and 17
(c) The objection to the issuance of a cannabis retail license at 18
the specified location is based on a preexisting local ordinance 19
limiting outlet density in a specific geographic area. For purposes 20
of this subsection (11), a preexisting local ordinance is an 21
ordinance enacted and in effect before the date the applicant submits 22
an application for a cannabis retail license to the board identifying 23
the premises proposed to be licensed. No objection related to the 24
physical location of a proposed premises may be made by a local 25
government under this subsection (11) based on a local ordinance 26
enacted after the date the applicant submits an application for a 27
cannabis retail license to the board identifying the premises 28
proposed to be licensed. 29
(12) After January 1, 2024, all cannabis licensees are encouraged 30
but are not required to submit a social equity plan to the board. 31
Upon confirmation by the board that a cannabis licensee who is not a 32
social equity applicant, and who does not hold a social equity 33
license issued under RCW 69.50.335, has submitted a social equity 34
plan, the board must within 30 days reimburse such a licensee an 35
amount equal to the cost of the licensee's annual cannabis license 36
renewal fee. The license renewal fee reimbursement authorized under 37
this subsection is subject to the following limitations:38
(a) The board may provide reimbursement one time only to any 39
licensed entity; and 40
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(b) Any licensed entity holding more than one cannabis license is 1
eligible for reimbursement of the license renewal fee on only one 2
license. 3
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