Waitsburg Council Asks Pot Questions

WAITSBURG - There were lots of questions for Washington State Liquor Control Board Contact Rules Coordinator Karen McCall when she attended Waitsburg's Nov. 19 City Council meeting to answer questions about the implementation of I-502. So many, in fact, that mayor Walt Gobel had to cut short the Q&A session in order to accommodate the rest of the meeting's agenda. Several members of the public left without asking questions, but grabbed one of McCall's business cards before exiting.

Councilwoman Deb Callahan led off the Q&A session by asking McCall what action the WSLCB was taking in response to non-smokable items such as brownies and edibles.

Waitsburg school district has been struggling with that issue as well. Staff recently decided not to allow baked goods in the school to safeguard against the possibility of students sharing marijuana-infused items. They then decided they might allow baked goods in the classroom (for birthdays, etc.) if the parents check the items in at the office first.

"We continue to tweak our procedures as this is such new territory for us," said WHS principal Stephanie Wooderchak.

McCall responded that the I-502 allows for edibles in solid or liquid form but that the WSLCB has adopted emergency rules -- in the process of being passed as permanent -- stating they will not allow edibles, either solid of liquid, if they are especially appealing to children, such as gummy candies, lollipops and brightly colored candies.

McCall said nothing could be in wrappers similar to candies currently on the market. She gave the example of the medical marijuana dispensaries (over which the WSLCB has no control) that once marketed candies that were packaged to look sim- ilar to Kit Kats, or Reese's Peanut Butter Cups. McCall said that no longer seems to be an issue since the original candy manufacturers sued the imposters.

McCall said all (non medical) edibles must come through the board to be approved for product, labeling and packaging. The packaging must be childproof, including each individual serving as well as a childproof outer package. Labeling must prominently state that it contains marijuana as well as four other warnings. Cookies and brownies are allowed, though the board has rejected Rice Krispy treats from several companies. McCall said several companies are making gourmet chocolates that "do look really good" but they are very expensive and packaged individually.

Products are limited to 10 mg THC per serving and products are limited to ten servings each. McCall said one of the required warnings indicates that the product may take up to two hours to take effect. "It's more the Baby Boomers that are ending up in the emergency rooms. This is not the marijuana they were used to when they were younger and with the edibles they're not getting the effect right away so they eat more and then all hell breaks loose," said Mc- Call.

McCall said the Board has also denied products that look like lemon drops, hot chocolate and marijuana infused sugar cubes. "The hearing calendar is so full we have cases that won't be heard for a year," she said. "Our main priority is public safety and keeping marijuana out of the hands of children," she said.

McCall made clear that the WSLCB only has control only over recreational and not medical marijuana products and that they approve the product and licensing for the state. An approval from the WSLCB does not guarantee that the producer/processor/retailer will be allowed to set up shop in their local jurisdiction. McCall said the Board would not deny an application based on a ban alone - a license would be issued if the business met all the requirements.

"It would be up to that person to take that up with the local jurisdiction whether through a lawsuit or whatever," said McCall.

She said that of the 7,000 applications received between Nov. 20 and Dec. 20, 2013 about 2,500 failed to pass the pre-screening process, which includes criminal background and financial backing checks. She also said that retail outlets are limited to a specific number per area, with 300 openings statewide. Outgoing City Attorney Kris Hedine commented that a provision for up to four retail outlets was allowed by the WSLCB for Walla Walla County - two in the city and two in the county.

Walla Walla Sheriff's Office chief operations deputy John King, who attended just to address McCall, asked what happens if there is a producer in a county with a ban, but that producer was approved by the WSLCB prior to the ban. "If we as a county decide we don't want you (the producer) anymore and shut you down, will you (WSLCB) reevaluate his application or is he out of luck?" said King.

"He's out of luck because you've told him he can't operate there," said Mc- Call. She did say the producer could apply for a change of location. King asked what happens to the crop and McCall said that was between the county and the producer, not the WSLCB.

King confirmed that the county was currently dealing with a producer that had all the appropriate licensing through the WSLCB prior to the ban going through. "The onus will be on our prosecuting attorney to see how far he wants to take that. We're waiting for his legal opinion," said King.

McCall said the WSLCB is constantly adapting as new situations crop up. She said the latest twist they've seen is "consulting" contracts where an applicant is hiring someone else to come up and run things. "Things crop up that you didn't think about and you just keep trying to nail it down as they come up. It seems like I've done nothing but write rules ever since this initiative passed," she said.

Gobel closed the Q&A session in the interest of time but the council indicated a desire to revisit the issue at upcoming City Council meetings.

McCall welcomes citizens to call or email her with questions at (360) 664-1631 or rules@liq.wa.gov. She also directed individuals to the Laws and Rules links on the www.liq.wa.gov website under Licensing Services, then Marijuana Licensing.