Cannabis product packaging

AN ACT Relating to sustainability and safety in cannabis product 1
packaging and vapor devices; and adding new sections to chapter 69.50 2
RCW. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 69.50 5
RCW to read as follows: 6
(1) The board must adopt rules to allow cannabis-infused products 7
in solid form that are intended to be eaten or swallowed to be 8
packaged loosely in a single, multiuse, resealable package or 9
container without individual inner wrapping for each serving, if the 10
following conditions are satisfied: 11
(a) The outer package or container qualifies as child-resistant 12
packaging under 16 C.F.R. Sec. 1700.15 and 1700.20, the poison 13
prevention packaging act, as it exists on the effective date of this 14
section; 15
(b) The child-resistant functionality of the package or container 16
is designed to be maintained for the reasonably expected life of the 17
product, including after repeated opening and reclosing;18
(c) The package or container is capable of being securely 19
reclosed after initial opening and remains child resistant upon 20
reclosing; and 21
S-4236.1
SENATE BILL 6303
State of Washington 69th Legislature 2026 Regular Session
By Senators Shewmake, Hasegawa, and Saldaña
Read first time 01/26/26. Referred to Committee on Labor & Commerce.
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(d) The package or container and any associated labeling 1
otherwise meet board requirements regarding opaque packaging, 2
warnings, and limitations on marketing to persons under 21 years of 3
age. 4
(2) Rules adopted under this section may not require a licensee 5
to use the packaging option authorized in subsection (1) of this 6
section. A licensee may continue to use existing compliant packaging, 7
including individually wrapped servings, if allowed under rule.8
(3) Nothing in this section alters the maximum serving or total 9
tetrahydrocannabinol content per package established by statute or 10
rule. 11
(4) The board must adopt rules necessary to implement this 12
section within 12 months after the effective date of this section.13
(5) Beginning 24 months after the effective date of this section, 14
licensees under this chapter must comply with the requirements of 15
this section and rules adopted under it. 16
NEW SECTION. Sec. 2. A new section is added to chapter 69.50 17
RCW to read as follows: 18
(1) The board must adopt rules to allow cannabis concentrates and 19
cannabis vapor products to be packaged and sold in unit sizes and 20
multiunit packages that, in total, contain an amount of 21
tetrahydrocannabinol or cannabis product that is not greater than the 22
maximum quantity that may be sold or provided to a consumer in a 23
single transaction. 24
(2) Rules adopted under this section must: 25
(a) Remove any limitation that restricts a single package of 26
cannabis concentrate or cannabis vapor product to a one-gram unit or 27
other unit size that is lower than the maximum quantity that may be 28
sold to a consumer in a single transaction; 29
(b) Maintain existing requirements for child-resistant packaging 30
and labeling applicable to cannabis concentrates and cannabis vapor 31
products, including any requirements adopted by the board to prevent 32
accidental ingestion by persons under 21 years of age; and33
(c) Be drafted in a manner that causes the maximum allowable 34
package size for cannabis concentrates and cannabis vapor products to 35
adjust automatically if the board changes the daily purchase limits 36
for those products by rule. 37
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(3) Nothing in this section authorizes a licensee to sell or 1
provide to a consumer more cannabis product in a single transaction 2
than is otherwise allowed by statute or rule. 3
(4) The board must adopt or amend rules necessary to implement 4
this section within 12 months after the effective date of this 5
section. 6
(5) Beginning 24 months after the effective date of this section, 7
licensees under this chapter must comply with the requirements of 8
this section and rules adopted under it. 9
NEW SECTION. Sec. 3. A new section is added to chapter 69.50 10
RCW to read as follows: 11
(1) The board must adopt rules governing cannabis plant 12
traceability to allow producers to comply with plant tracking 13
requirements using digital batch-level identification methods instead 14
of individual physical tags for each plant. 15
(2) Rules adopted under this section must: 16
(a) Provide for robust electronic or digital batch-level tracking 17
that is sufficient to support enforcement against diversion, ensure 18
product testing and recall effectiveness, and comply with any 19
applicable federal guidance; 20
(b) Permit producers to group plants into logical batches, such 21
as by strain, planting date, or production lot, and to track those 22
batches in an electronic seed-to-sale system without affixing a 23
single-use physical tag to each plant in the batch;24
(c) Prohibit the board from requiring individual physical plant 25
tags for cannabis plants under any circumstance; and26
(d) Minimize the number of single-use tags and similar materials 27
used solely for plant identification, consistent with the purposes of 28
this chapter. 29
(3) The board must adopt rules necessary to implement this 30
section within 12 months after the effective date of this section.31
(4) Beginning 24 months after the effective date of this section, 32
licensees under this chapter must comply with the requirements of 33
this section and rules adopted under it. 34
NEW SECTION. Sec. 4. A new section is added to chapter 69.50 35
RCW to read as follows: 36
(1) The board must adopt rules that: 37
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(a) Preserve prohibitions on the consumption of cannabis and on 1
the possession of open cannabis packages on the premises of cannabis 2
retailers, unless expressly authorized in statute; and3
(b) Create a limited exception under which a cannabis retailer 4
may accept open packages, used cannabis vapor devices, and used 5
batteries from consumers solely for the purpose of recycling or safe 6
disposal. 7
(2) Rules adopted under this section must, at a minimum:8
(a) Require that any open packages, used cannabis vapor devices, 9
or used batteries accepted under the exception in subsection (1)(b) 10
of this section be immediately placed in a secure, nonpublicly 11
accessible container or receptacle and not be removed from the 12
premises except for transport for recycling or safe disposal in 13
accordance with board rules and not be resold or otherwise 14
redistributed for use or consumption; 15
(b) Prohibit any on-site consumption of cannabis associated with 16
the acceptance of open packages under this section; and17
(c) Include any additional safeguards the board deems necessary 18
to protect public health and safety and prevent diversion.19
(3) Participation in store return programs authorized under this 20
section is voluntary for retailers unless otherwise required under 21
board rule. 22
(4) The board must adopt rules necessary to implement this 23
section within 12 months after the effective date of this section.24
(5) Beginning 24 months after the effective date of this section, 25
licensees under this chapter must comply with the requirements of 26
this section and rules adopted under it. 27
NEW SECTION. Sec. 5. A new section is added to chapter 69.50 28
RCW to read as follows: 29
(1) Subject to the compliance dates established in this section, 30
cannabis vapor products sold or provided to consumers at retail by 31
licensees under this chapter must be contained in vapor devices that 32
only use batteries that are designed to be removable from the device 33
by the consumer or by a person performing recycling or safe disposal 34
of the device, using tools that are commonly available.35
(2) Rules adopted under this section must: 36
(a) Establish technical standards for removable batteries in 37
cannabis vapor devices, including standards that facilitate safe 38
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removal of batteries for recycling or disposal and that reduce fire 1
risk in the solid waste stream; 2
(b) Coordinate with any statewide or local programs for recycling 3
or safe disposal of lithium-ion batteries and similar energy storage 4
devices; and 5
(c) Allow for a one-year phase-in period consistent with this 6
section. 7
(3) The board may adopt narrow exceptions to the requirement in 8
subsection (1) of this section if the board determines that:9
(a) A removable battery design is not technologically feasible 10
for a specific category of cannabis vapor device and there is no 11
reasonably available alternative design that would allow compliance 12
within the phase-in period; or 13
(b) An exception is necessary to preserve access to medically 14
appropriate cannabis vapor devices for qualifying patients and 15
designated providers, and the board adopts alternative safeguards for 16
recycling or safe disposal of devices covered by the exception.17
(4) Nothing in this section authorizes the board to regulate 18
vapor devices that are not used with cannabis products regulated 19
under this chapter. 20
(5) The board must adopt rules necessary to implement this 21
section within 24 months after the effective date of this section.22
(6) Beginning 36 months after the effective date of this section, 23
licensees under this chapter must comply with the requirements of 24
this section and rules adopted under it. 25
NEW SECTION. Sec. 6. A new section is added to chapter 69.50 26
RCW to read as follows: 27
(1) The board shall use existing enforcement authorities under 28
this chapter and rules adopted under it to implement and enforce the 29
requirements established in sections 1 through 5 of this act and 30
rules adopted under those sections. 31
(2) Sections 1 through 5 of this act do not create a new crime or 32
new civil penalty. Violations of rules adopted under sections 1 33
through 5 of this act are subject to enforcement under existing 34
licensing and regulatory provisions applicable to licensees under 35
this chapter. 36
NEW SECTION. Sec. 7. If any provision of this act or its 37
application to any person or circumstance is held invalid, the 38
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remainder of the act or the application of the provision to other 1
persons or circumstances is not affected. 2
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