Current through Register Vol. 24-24, December 15, 2024
(1)
Vendor
samples: Producers or processors may provide free samples of useable
cannabis, cannabis-infused products, and cannabis concentrates to negotiate a
sale on product the retail licensee does not currently carry. All vendor sample
limits are based on calendar months. The producer or processor must record the
amount of each vendor sample and the processor or retailer receiving the sample
in the traceability system. The outgoing sample must be clearly labeled as a
"vendor sample" to negotiate a sale and recorded on a transport manifest. The
receiving licensee must receive the vendor sample in the traceability system
prior to sampling.
(a) Vendor samples may only
be given to and used by licensees or employees of licensees who have product
ordering authority or employees who provide input on product to licensees or
employees of licensees who have purchasing authority to inform purchasing
decisions as detailed in a written business policy.
(b) Producers may not provide any one
licensed processor more than eight grams of cannabis flower per month free of
charge for the purpose of negotiating a sale.
(c) Processors may not provide any one
licensed retailer more than eight grams of useable cannabis per month free of
charge for the purpose of negotiating a sale.
(d) Processors may not provide any one
licensed retailer more than eight units of cannabis-infused products in solid
form meant to be ingested orally or otherwise taken into the body per month
free of charge for the purpose of negotiating a sale. No single unit may exceed
10 mg of THC.
(e) Processors may
not provide any one licensed retailer more than eight units of cannabis-infused
product in liquid form meant to be eaten, swallowed, or otherwise taken into
the body per month free of charge for the purpose of negotiating a sale. No
single unit may exceed 10 mg of THC.
(f) Processors may not provide any one
licensed retailer more than eight units of cannabis-infused products meant to
be applied topically per month free of charge for the purpose of negotiating a
sale.
(g) Processors may not
provide any one licensed retailer more than two units of cannabis-infused
extract meant for inhalation or infused cannabis mix per month free of charge
for the purpose of negotiating a sale. No single unit may exceed 0.5
g.
(h) A cannabis producer must
make quality assurance test results available to any processor receiving
samples to negotiate a sale. The producer must also provide a statement that
discloses all pesticides applied to the cannabis plants and growing medium
during production.
(i) A cannabis
processor must make quality assurance test results available to any retailer
receiving samples to negotiate a sale. If a cannabis extract was added to the
product, the processors must disclose the type of extraction process and any
solvent, gas, or other chemical used in the extraction process, or any other
compound added to the extract.
(j)
Vendor sample labeling: All vendor samples must be clearly labeled
as a vendor sample and meet all labeling requirements of the product to be
sampled.
(i) The unique identifier number
generated by the traceability system;
(ii) The UBI number of the licensed entity
providing the sample; and
(iii)
Weight of the product in ounces and grams or volume as applicable.
(2)
Education
sampling. Processors may provide free samples of useable cannabis,
cannabis-infused products, and cannabis concentrates to retail licensees to
give to the licensee's employees for educational purposes. Products being
sampled must be carried by the licensed retailer. The processor must record the
amount of each sample and the retailer receiving the sample in the traceability
system. The outgoing sample must be clearly labeled as "education sample" and
recorded on a transport manifest. Once the retailer receives the sample, the
retailer must accept the sample in the traceability system prior to
distributing samples to the retailer's employees. All employees at a licensed
retail location who receive educational samples must be entered into the
traceability system for the purpose of distributing education samples.
(a) Retailers are restricted to receiving a
maximum of 100 sample units per calendar month. No more than 10 sample units
may be provided to any one employee per calendar month.
(b) The maximum size of education samples
are:
(i) Useable cannabis, cannabis mix, and
infused cannabis mix - One unit not to exceed 0.5 g.
(ii) Cannabis infused solid or liquid product
meant to be ingested orally or otherwise taken into the body - One unit not to
exceed 10 mg THC.
(iii)
Cannabis-infused extract for inhalation - One unit not to exceed 0.25
g.
(iv) Cannabis-infused products
for topical application - One unit not to exceed 16 ounces.
(c) Distribution and consumption
of all educational samples is limited to retail employees who directly sell
product to retail customers. Retail employees who are not involved in direct
sales to customers are not eligible for education samples.
(d) Cannabis retail licensees are prohibited
from providing educational samples to their employees as a form of
compensation.
(e) A cannabis
processor must make quality assurance test results available to any retailer
receiving education samples. If a cannabis extract was added to the product,
the processors must disclose the type of extraction process and any solvent,
gas, or other chemical used in the extraction process, or any other compound
added to the extract.
(f)
Education sample labeling: All education samples must be clearly
labeled "education sample" and include the following information on the label:
(i) The unique identifier number generated by
the traceability system;
(ii) The
UBI number and trade name of the licensed entity providing the
sample;
(iii) Product name or
strain name for useable cannabis;
(iv) Weight of the product in ounces and
grams or volume as applicable; and
(v) Potency labeled as required under WAC
314-55-105.
(3) A cannabis
processor is not required to provide free samples to negotiate a sale or
educational samples to a cannabis retail licensee, and a cannabis retail
licensee may not require a cannabis processor to provide free sample to
negotiate a sale or educational samples as a condition for purchasing the
cannabis processor's products.
(4)
Internal quality control sampling: Producers and processors may
conduct limited self-sampling for quality control. All sample limits are based
on calendar months. Consuming samples for quality control may not take place at
a licensed premises. Only the producer, processor, or employees of the licensee
may sample the cannabis flower, useable cannabis, cannabis-infused products,
cannabis concentrates, and edible cannabis-infused product. The producer or
processor must record the amount of each sample and the employee(s) conducting
the sampling in the traceability system.
(a)
Producers may sample two grams of cannabis flower per strain, per month for
quality sampling.
(b) Processors
may sample one unit per batch of a new cannabis-infused product meant to be
ingested orally or otherwise taken into the body to be offered for sale on the
market.
(c) Processors may sample
up to one unit per batch of a new cannabis-infused extract for inhalation to be
offered for sale on the market. No single sample may exceed 0.5 g.
(d) Processors may sample one unit per batch
of a new cannabis mix packaged to be offered for sale on the market. No single
sample may exceed 1 g.
(e)
Processors may sample one unit per batch of a new infused cannabis mix to be
offered for sale on the market. No sample may exceed 0.5 g.
(f) Processors may sample one unit per batch
of a new cannabis-infused product for topical application to be offered for
sale on the market. No sample may exceed 16 ounces.
(5)
Retailers may not provide free
samples to customers.
(6)
Sample jars:
(a) A processor may
provide a retailer free samples of useable cannabis packaged in a sample jar
protected by a plastic or metal mesh screen to allow customers to smell the
product before purchase. The sample jar may not contain more than three and
one-half grams of useable cannabis. The plastic or metal mesh screen must be
sealed onto the container, and must be free of rips, tears, or holes greater
than 2 mm in diameter. The sample jar and the useable cannabis within may not
be sold to a customer and must be returned to the licensed processor who
provided the useable cannabis and sample jar.
(b)
Sample jar labeling: All
sample jars must be labeled with the following:
(i) The unique identifier number generated by
the traceability system;
(ii)
Information identifying whether it is a vendor sample or sample jar;
(iii) The UBI number of the licensed entity
providing the sample; and
(iv)
Weight of the product in ounces and grams or volume as applicable.
(c) A cannabis processor must make
quality assurance test results available to any retailer receiving sample jars.
The processor must also provide a statement that discloses all pesticides
applied to the cannabis plants and growing medium during production.
(d) If a cannabis extract was added to the
product, the processor must disclose to the retailer the type of extraction
process and any solvent, gas, or other chemical used in the extraction process,
or any other compound added to the extract.
(7)
Transportation. Outgoing and
return vendor samples and sample jars must adhere to the transportation
requirements in WAC
314-55-085.
