What's in the state's updated marijuana law

With just a signature, Gov. Inslee allowed Washingtonians to finally pass that joint, amongst other things

By Zosha Millman

Gov. Jay Inslee on Tuesday signed into law a massive marijuana bill, which runs the gamut in terms of coverage.

After the state Legislature passed Senate Bill 5131 last month, Gov. Inslee finally approved the measure, which brings tweaks large and small to the state's marijuana policy.

Among them: Increased accessibility for medical marijuana users, decreased accessibility for cannabis advertisements, and potentially a home-grow market for recreational users. 

But before you go looking for weed seeds, read through the breakdown of the rules in order to stay on the Washington State Liquor and Cannabis Board's (LCB) good side. Here's what's new in Washington's weed laws:

You can puff-puff-pass legally now

Adults of legal smoking age can now share marijuana with other adults so long as there’s no money exchanging hands and it’s not more than the legal limit for Washington (one ounce of usable flower).

Medical patients can buy seeds directly from producers

Medical marijuana consumers can now directly buy pot plants and seeds from producers.

Under new language from the bill, qualifying patients who enter the state’s medical marijuana database can purchase immature plants or clones and seeds directly from producers. Those who don’t sign up for the database will be able to grow up to four plants in their homes (under current Washington law) but won’t technically have a legal way of acquiring those plants.

And recreational users may soon see a home-grow system

S.B. 5131 also instructs the LCB to examine the viability of allowing recreational users to grow their own marijuana in a way that complies with the federal government’s enforcement priorities.

There's no promise they'll come out in favor of home-grow, but it's at least a step toward the LCB telling us why it should or shouldn't be allowed to. 

No marijuana "Joe the Camel" 

Advertising under the new rules will look a bit different: The bill prohibits marijuana licensees from “directly or indirectly (targeting) youth in the advertising, promotion, or marketing of marijuana and marijuana products.” That means there will be no toys, characters or images that might cause youths to be interested in marijuana in an ad.

Businesses are also prohibited from developing a “commercial mascot” that would be “used for attracting the attention of motorists and passersby” to make them aware of marijuana products or business. The language here includes inflatable tube displays, persons in costumes (of human beings, animals or mechanical devices), and sign spinners.

Billboards also cannot feature pot on them. They can use the billboard solely to identify the name or nature of the business and directions to the store. It’s the Ron Swanson of billboards, basically.

Finding an “organic” path

The bill instructs the LCB to adopt regulations for marijuana that are similar to the “organic” labels for food under federal guidelines. Technically, they won’t be called organic, because (what else?) the organic standard is a federal regulation, and marijuana is still illegal under federal law.

Instead, the LCB will develop regulations that dictate how marijuana can be grown in a way that mimics organic production, which will then allow products to be labeled as compliant with the state’s standards for “organically” grown pot. 

Retail owners can now own up to five stores

Of the cannabis shops that have franchised, so far none have opened more than three locations. That’s because, until now, that was the cap on the number of stores a retailer or individual who had a “financial or other ownership interest in” could operate. That now gets bumped up to five.

Tribal oversight will be needed to get licensed on tribal land
S.B. 5131 also requires the LCB to receive approval from a federally recognized Indian tribe before granting a license on tribal land. This is one of those regulations that won't change the rights of many Washington stoners, but is important in terms of respecting sovereign rights and immunity.

Forfeiting applications
There are also limits on how long a marijuana retailer has to get their store operational. If that marijuana retailer is not fully operational and open to the public within two years (and there's no extenuating circumstances explaining their delay) their license may be forfeited. Those extenuating circumstances have to be out of the licensee's control, and if it's related to an issue with the town or county's zoning or other regulatory measures, then LCB cannot require forfeiture.

Licensing and disclosure for businesses see an upgrade
Licensed marijuana businesses can now enter into licensing agreements or consulting contracts for things like "employee cooperative, association, nonprofit corporation, or corporations," goods and services, trademarks and trade secrets information.

S.B. 5131 also exempts trade secrets and other proprietary information of a licensed marijuana business from disclosure under the state's Public Disclosure Act.