Current through Register Vol. 24-18, September 15, 2024
(1)
A
medical can-nabis endorsement added to a cannabis retail license allows the
canna-bis retail licensee to:
(a) Sell
cannabis for medical use to qualifying patients and designated providers;
and
(b) Provide cannabis at no
charge, at their discretion, to qualifying patients and designated
providers.
(2)
Qualifying patients between 18 and 21 years of age with a recognition card may
enter and remain on the premises of a retail outlet holding a medical cannabis
endorsement and may purchase products for their personal medical use.
Qualifying patients who are under the age of 18 with a recognition card and who
accompany their designated providers may enter and remain on the premises of a
retail outlet holding a medical cannabis endorsement, but may not purchase
products for their personal medical use. Only a designated provider may
purchase products for a qualifying patient under the age of 18 who holds a
valid recognition card.
(3)
To maintain a medical cannabis endorsement in good standing, a cannabis
retailer must:
(a) Follow all rules
adopted by the department of health regarding retail sales of medical
cannabis;
(b) Have a consultant on
staff in accordance with chapter 246-72 WAC;
(c)
(i)
Have consulting service hours for entering qualifying patients into the medical
cannabis database posted alongside hours of operation as required in WAC
314-55-055;
(ii) The requirement in
(c)(i) of this subsection can be met by posting a window of time where
appointments with cannabis consultants can be scheduled;
(d) Prohibit the medical use of cannabis by
anyone at the retail outlet at all times, including medical use by qualifying
patients;
(e) Have in stock at all
times, or on order, cannabis products that comply with chapter 246-70
WAC;
(f) Not market cannabis
concentrates, useable cannabis, or cannabis-infused products in a way that make
them especially attractive to minors;
(g) Maintain the ability to enter qualifying
patients and designated providers in the medical cannabis authorization
database established by the department of health;
(h) Issue recognition cards and agree to
enter qualifying patients and designated providers into the database in
compliance with the department of health standards;
(i) Keep records to document the validity of
tax exempt sales as prescribed by the department of revenue for a minimum of
five years. For the documentation requirements in RCW 69.50.375 (3)(e),
licensees are not required to separately keep copies of the qualifying
patient's or designated provider's recognition card because this information is
stored in the medical cannabis authorization database;
(j) Train employees on the following:
(i) Procedures regarding the recognition of
valid authorizations and the use of equipment to enter qualifying patients and
designated providers into the medical cannabis authorization
database;
(ii) Recognition of valid
recognition cards; and
(iii)
Recognition of strains, varieties, THC concentration, CBD concentration, and
THC to CBD ratios of cannabis concentrates, useable cannabis, and
cannabis-infused products available for sale when assisting qualifying patients
and designated providers at the retail outlet.
(4) The licensee may provide cannabis
products comply- ing with chapter 246-70 WAC at no charge to qualifying
patients or designated providers.
(5)
Unlicensed practice of
medicine. No owner, employee, or volunteer of a retail outlet and
holding a medical cannabis endorsement may:
(a) Offer or undertake to diagnose or cure
any human or animal disease, ailment, injury, infirmity, deformity, pain, or
other condition, physical or mental, real or imaginary, by use of cannabis
products or any other means or instrumentality; or
(b) Recommend or suggest modification or
elimination of any course of treatment that does not involve the medical use of
cannabis products.
(6)
(a) Noncompliance with the requirements of
subsection (3) of this section may result in the discontinuance of the medical
cannabis endorsement.
(b)
(i) After being notified of noncompliance
with the requirements of this section by the board, the endorsement holder
shall have at least seven calendar days and no more than 30 calendar days to
demonstrate compliance with this section. If noncompliance remains after the
deadline identified by the board, the endorsement is discontinued.
(ii) If a licensee applies for a medical
cannabis endorsement after it has previously been discontinued pursuant to
(b)(i) of this subsection, the application and documentation verifying
compliance with the requirements of this section must be submitted to the
board.
(7)
Noncompliance with subsection (5) of this section may result in the
discontinuance of the medical cannabis endorsement.
