HOW TO CELEBRATE YOUR WEDDING DAY WITH CANNABIS


WASHINGTON CANNABIS WEDDING LAWS EXPANDED

DISCLAIMER

INFORMATION LAST UPDATED 11.01.16

This infographic contains general information about legal matters and none of the information provided herein is, or is intended to constitute legal advice or case-specific advice of any kind. We are not lawyers. The information shall be used at your own risk and shall not be treated as legal advice.

While information will be updated to the best of our ability, Love & Marij, LLC does not provide you with any warranty or assurance about the accuracy of the information contained herein. In particular, information may be incorrect, outdated, and/or may not constitute a definitive, accurate, or complete statement of the law.  If you are aware of any changes in laws, please contact us at: smile@loveandmarij.com.

Cannabis Disclosure. The information provided herein relates to legal matters that are state-specific. You represent that you are aware that US Federal law prohibits the use, possession, cultivation and distribution of cannabis. This includes medical and recreational cannabis. Although certain states have legalized medical and recreational cannabis, companies and individuals involved in the cannabis industry remain at risk of being prosecuted by Federal authorities even in so-called ancillary businesses which service or supply cannabis growers or sellers or otherwise aid or abet their activities. Such prosecution may concern a wide range of criminal, civil and regulatory violations. Each user of the information contained herein further represents that he/she/it is aware that federal policy and state laws governing medical and/or recreational cannabis may be unclear and ambiguous, are rapidly evolving, and subject to change.

Professional Assistance: You may not rely upon the information contained herein as an alternative to legal advice from your attorney or other professional legal services provider. Again, we are not lawyers. You should always retain competent counsel to obtain legal advice pertaining to cannabis and to assure regulatory compliance with regard to it. You should never delay in seeking legal advice, or commence or discontinue any action in reliance upon the information contained herein.

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GENERAL CANNABIS LAWS

PURCHASING & ACQUISITION

CANNABIS POSSESSION IN WASHINGTON

Vendor:  Recreational marijuana must be purchased at a licensed retail outlet. 11

Limits:  Event host, with valid photo identification,12 may purchase up to:

  • (i) 1 oz. of useable marijuana;
  • (ii) 16 oz. of a marijuana-infused product in solid form;
  • (iii) 72 oz. of a marijuana-infused product in liquid form;
  • (iv) 7g of marijuana-infused extract or marijuana concentrate for inhalation; and (v) marijuana paraphernalia. 13

An individually packaged marijuana-infused product is capped at 100mg of active THC

An individually packaged marijuana concentrate is capped at at 1g of active THC.14

Retail outlets may sell marijuana products 8am-12am, and are banned in some cities or unincorporated areas of counties. 15

Certain types of edibles are not sold in Washington, including, among other things: products that appeal to children; foods that require refrigeration, freezing, or a hot holding unit; fruit and vegetable juices and butters; pies that contain egg, like pumpkin and custard; any dairy products, including butter and cheese; and dried or cured meats. 16

Purchase/Acquisition Exemption: Industrial hemp is exempted. Marijuana products with up to a 0.3% THC concentration, including cannabis health and beauty aids, may be purchased from a retail outlet with no restrictions. 17

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POSSESSION

CANNABIS POSSESSION IN WASHINGTON

Hosting: Event host must be an adult (21+) to possess and use recreational marijuana

Residency/Visitors: WA residency for sale, delivery, and possession of marijuana and marijuana items is not required. 1

Limits: Adults (21+) may possess up to:

  • (i) 1 oz. of “useable marijuana;”
  • (ii) 16 oz. of marijuana-infused products in solid form;
  • (iii) 72 oz. of marijuana-infused products in liquid form;
  • (iv) 7g of marijuana concentrates for inhalation; and
  • (v) marijuana paraphernalia. 2

Possession of “marijuana products” 3 exceeding these limits remains illegal. 4

Public Place: In a public place, possession limits remain the same, but it is a civil infraction to open a package containing marijuana products in view of the general public or in a public place, which includes places to which the general public has unrestricted right of access, and which are generally used by the public. 5

Personal use exemption: Generally, adults may only possess marijuana products bought at a retail outlet (owned by a marijuana retailer). However, an adult may possess, for noncommercial personal use, a homemade marijuana extract or homemade marijuana-infused product that does not exceed 10% THC concentration, 6 made using ONLY cooking oil, butter, or another nonexplosive home cooking substance. 7

Homegrow Prohibited: Adults (21+) may not homegrow her own marijuana for use or sale.8

Gifting/Sharing Cannabis is Prohibited: Sharing marijuana is a Class C Felony; this prohibition on sharing includes passing a joint or bowl. 

Possession Exemption: WA’s recreational marijuana law exempted “industrial hemp” from the Controlled Substances Act and all of its penalties. Under WA law, a person may possess an unlimited amount of “industrial hemp,” which includes marijuana with up to a 0.3% THC concentration, and products made from it, with no restrictions. Further, the law explicitly exempts “cannabis health and beauty aids” from any marijuana-related prohibitions, penalties and regulations. These cannabis health and beauty aids contain a part of the marijuana plant, no more than 0.3% THC concentration, and are intended for use only as a topical application, and not for ingestion or crossing the blood-brain barrier. 10

TIP:  Given prohibitions on sharing, adult attendees may bring their own supply (within legal limits) and use it where it is legal to do so. While the amount of marijuana possessed at a wedding may grow with the number of adults in attendance, all marijuana brought by guests should be kept on their person and not shared.

TRANSPORTING CANNABIS

WASHINGTON CANNABIS TRANSPORTATION LAWS

Limits: Recreational marijuana that is legally purchased at a marijuana retailer may be transported by the event host or an adult guest in her own vehicle, up to 1 oz per adult, solely for personal use.

Homemade Products: an adult may also transport, for noncommercial personal use, a homemade marijuana extract or homemade marijuana-infused product that does not exceed 10% THC concentration, made using ONLY cooking oil, butter, or another nonexplosive home cooking substance. 51

Delivery Prohibited: A retail outlet may not deliver recreational marijuana to a consumer. 52

Driving Under the Influence Prohibited: It is illegal to drive under the influence of marijuana, to drive or be in physical control of a vehicle at or above a per se limit of 5 nanograms of “delta-9” THC/milliliter of blood (5 ng/mL) up to two hours after driving, to refuse a blood test, or to consume marijuana in a moving vehicle (cite actual laws). 53

Passenger Consumption Prohibited: Neither the driver nor passengers may consume marijuana, either by smoking or ingesting, in vehicle when it is on the public highway, punishable by a traffic infraction. 54

Marijuana Open Container Law: marijuana may be contained in the passenger compartment of a vehicle on the highway as long as it is in its original container, unopened, seal unbroken, with all of its contents accounted for. All other marijuana must be in the trunk or another area not normally occupied or directly accessible by the driver or passengers if the vehicle does not have a trunk. 55

Interstate Transportation Prohibited: Marijuana may not be transported to another state or from out-of-state. 56

TIP: In order to protect against charges of DUI-Marijuana, or consumption of marijuana in a moving vehicle, the driver must be sober, the marijuana should always be in the trunk, and no smoking implement should be in the front compartment. It reduces risk to actually take a separate trip only with smoking implements in the trunk and no marijuana.

TIP: if there are multiple adults in the vehicle, marijuana should be labeled with the possessor’s name to clearly indicate each person’s 1oz.

Marijuana Retailer Delivery Prohibited

Delivery Prohibited: Delivery from retail outlet to adult consumer is currently prohibited. 57

TIP: Keep track of pending regulations; Seattle has been supportive of HB 2638, which would create a pilot program for legal marijuana home delivery service in very large Washington cities. 58 However, the bill passed only one House committee in 2016 before it died, so building support will take time.

 

CANNABIS CONSUMPTION

CANNABIS CONSUMPTION IN WASHINGTON

General Consumption: Consumption (which includes smoking “usable marijuana” and ingestion of an edible) may only occur in a non-public place, on private property (e.g., private residence, estate, etc.), with the approval of the property owner. 20

Federal and Tribal land: Consumption on federal lands, including national parks and forests, carries even higher risk because marijuana possession remains a federal crime, and it is more likely that federal law enforcement will enforce that crime there. Tribal lands will also enforce their own policies regarding marijuana use and possession.

Marijuana Club Prohibited: It is a violation of WA law to maintain a “marijuana club.” While “marijuana club” may be interpreted to require the operation of a business and/or collection of money, the law is unclear as to whether a wedding host, even if hosting occurs at a private residence and free of charge, will be exempted from criminal liability. Thus, this prohibition may extend to a privately owned business on private property,that is marked CLOSED for a private party, if the owner received compensation for closing off the venue to the general public.

Public View Prohibited: marijuana consumption is permissible only indoors on private property (subject to Washington Smoking in Public Places law) and in outdoor spaces where it cannot be seen by the general public from the street or another public place, including in a fully enclosed tent. 21

Indoor Smoking Prohibited: indoor consumption that involves smoking marijuana is subject to the Washington Smoking in Public Places law (SPP), although consumption of edibles is not, and only needs to satisfy the above requirements. 22 The SPP prohibits smoking in public places 23 as well as in any “place of employment.” 24 This could mean that any consumption done indoors where there are workers employed for the wedding, even in a venue that is a private residence, will be disallowed by the SPP.

Vape Pens Exempted:  Vape pens that vaporize cannabinoids are not included in the SPP definition of “smoke” and are not subject to the same rules. Vape pens were also actively excluded from the 2016 state law that regulated “vapor products.” 25 Vaping cannabinoids would be allowed in the same freely given non-marijuana club non-public places that are not “in view of the general public.” However, some localities, such as Seattle-King County, have included vaping cannabinoids in their indoor smoking regulations, so vape pens would be banned in such areas. 26

TIP: Confer with the city or county for “public place” criteria. (See Resources below for contact info)

TIP: Confer with the Washington State Department of Health staff to confirm whether a consumption plan is permissible under the SPP, including whether “vape pens” are permissible in an indoor area in a given locale.

TIP: Request that a next-door or nearby residence to the event venue donate a room or a tent or ability to park a compliant (not in public view) vehicle on the driveway, where the donator does not “realize any pecuniary gain.”

TIP: Next door neighbors are generally not considered to be the “general public” for purposes of defeating a “public view,” but passerbys on the street are, unless the windows are opaque or the shades drawn throughout the event.

TIP: Segment a room, or place an outdoor tent, that prohibits entry by employees where indoor consumption may be allowed, because those areas are not areas “which employees are required to pass through during the course of employment.” However, it is likely that no one inside the consumption area can be in charge of it, because localities, such as Seattle-King County, may consider supervised volunteers to be employees. 27

TIP: Work with your locale to arrive at a creative solution. Special use permits have been granted that contain exceptions to consumption rules (albeit, such exceptions may be the result of purposeful non-enforcement as opposed to a legal exception). 28 The City of Seattle has permitted events to have fenced-in marijuana use areas provided such areas: (a) are not visible to the general public; (b) are limited to attendees ages 21 and over; (c) are not staffed internally by employees or volunteers (except for security or aid personnel responding to calls); and (d) are designed so that marijuana smoke from inside the use areas does not impact the general public.

TIP: Keep an eye on changes to regulations. A bill has been introduced, SB 6375, to allow localities to develop their own policies on marijuana use clubs that would be exempted from the ban. 29 However, after a hearing, it did not even pass its first committee and has only two sponsors, suggesting that it could take years to build support. 30

GIFTING

GIFTING CANNABIS IN WASHINGTON

Gifting Prohibited: The event host or an associate may NOT gift/deliver marijuana products to other adults at an event. Such remains illegal and punishable as a felony. 18

Sharing Prohibited: All recreational marijuana use must be personal use from a personal supply. This includes even “passing a joint/bowl.”

Prohibition on Gifting Exemption: Industrial hemp is exempted. Marijuana products with up to a 0.3% THC concentration, including cannabis health and beauty aids, may be gifted with no restrictions. 19 Thus, the event host may have a canna-bar to give out unlimited supplies of cannabis health and beauty aids, and perhaps arguably high-CBD, super low- THC marijuana and marijuana products for consumption.

TIP: Use wedding invitations to direct guests to “Bring Your Own Cannabis (BYOC)” purchased in Washington. An Event host may provide information about nearby retail outlets and their hours of operation. They may inform adult guests about a planned legal consumption area and the wedding party’s plan to do a toast there at a certain time, so that hosts and guests may enjoy cannabis consumption alongside friends, while not sharing their marijuana with their friends.

LAWFUL LOCATIONS TO CONSUME CANNABIS ON YOUR EVENT DAY

WEDDING & EVENT VENUES

WASHINGTON PRIVATE VENUES WITH A LIQUOR LICENSE

Recreational marijuana CANNOT be served or consumed on any property with a liquor license, because it will likely be considered a “public place.” 31

Adults may still possess up to 1 oz. of their own recreational marijuana on their person.32

Marijuana may be consumed by a non-driver in a private vehicle outside the property, without breaking any DUI-D laws. See Taxis and Limos section.

 

WASHINGTON PRIVATE VENUES WITHOUT A LIQUOR LICENSE

Private, invitation-only parties held in a venue that does not have a liquor license, such as a private residence, that are not open to the public may be outside the authority of the WSLCB and may not require any permit, or may require a banquet permit. 33 These parties must provide liquor for free or have it brought by attendees. 34

Such locations, with the express approval of the property owner, can arguably allow consumption of both alcohol and recreational marijuana to adult (21+) guests, if:

  • (i) the local jurisdiction confirms that the venue is not considered a “public place” or a “marijuana club;”
  • (ii) marijuana consumption is not “in view of the general public;
  • (iii) marijuana consumption complies with the SPP (not in a “place of employment”).

TIP: Sale of marijuana on a property could leave subject the property owner to a forfeiture proceeding. 35

TIP: any event venue with any recreational marijuana consumption in any form should be located more than 1,000 feet from a school. 36

TIP: A tent on the property of a private residence where the event host paid money to the owner for use of the property likely violates the public place requirement. 37 A tent brought by the event host, placed on a nearby neighbor’s property, or a room in a nearby neighbor’s private residence, where the neighbor does not “realize any pecuniary gain” including money, food from the wedding, or marijuana, would likely be allowed for consumption.

TIP: Consumption may be permissible in State parks (which are public parks), if you are inside the confines of a tent or RV, but not a state-park-owned yurt, cabin, or platform tent. 38

 

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HAIR SALONS & BARBER SHOPS

WASHINGTON BEAUTY SALONS AND BRIDAL SHOPS

Consumption by adults of their own legal recreational marijuana is likely prohibited under the “marijuana club” and/or “public place” prohibitions.

It may be lawful for a stylist to travel and perform styling services for the event host and other adults in a private hotel suite or private residence that allows for marijuana consumption on site, so long as the stylist does not sell any marijuana. Consumption of free alcohol in this room is also permitted.

It is unlikely (though unclear) whether the SPP would characterize a private residence or allowable hotel suite as a “place of employment” while a stylist was employed there. 39

TIP: The event host should confirm with the Department of Health staff to determine whether the hotel suite is considered a “place of employment” while the stylist is employed there. If so, event hosts smoke marijuana while the stylist is not in the room, and clear the air each time with fans. Again, consumption of edibles is unaffected by the SPP and vaporization is not as well, although vaporization may be banned by some local regulations.

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HOTELS

WASHINGTON HOTEL STAY LAWS

Hotel owners may allow recreational marijuana consumption within the privacy of an individual’s hotel room. 40 Halls and dining areas are each considered a “public place.” Marijuana consumption on hotel balconies is not permitted if the balcony is “in view of the general public” and thus visible from any “public place,” including the street and hotel hallways and dining rooms. 41

The SPP affirmatively allows the owner of a hotel to designate up to 25% of its rooms as “smoking” rooms, where smoking marijuana is allowed. 42

TIP: Event host should ascertain hotel policies.

TIP: Certain Washington hotels list themselves as friendly to marijuana smoking in their enclosed courtyards and edible consumption indoors, although it is unclear if such facilities are violating the “public place” requirement in “realizing pecuniary gain.” 43

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LIMOS & TAXIS

WASHINGTON LIMO & TAXI LAWS

 

Consumption in a parked car by a non-driver in the parking lot or driveway of a private property (that does not have a liquor license), with permission of the owner, is likely legal where it is not “in view of the general public” and thus visible from any public place, including the street. 44

Most private vehicles with regular windows will not protect the adult from this “public view” prohibition. Stationary limousines or mobile homes with tinted windows may do so. 45  It is possible that such vehicles may even be parked on the public street, but the event host should check with the local jurisdiction on whether they would be considered a public place. 46 Because of the marijuana club and public place restrictions on the venue property, the vehicle should not park on the venue property. However, a venue neighbor who did not realize any pecuniary gain from allowing the presence of the vehicle would likely be allowed to host the vehicle on his property.

Vehicles should stay parked for the duration of marijuana consumption.

State-Chartered Vehicles Prohibited: consumption in a state-regulated private limousine or vehicle-for-hire, including a state-permitted charter and excursion vehicle, is prohibited, even with the existence of a partition between the driver and passenger 47 In a 2014 letter, the commission declared those charter vehicles to be “in view of the general public” as well as a “public place” and “place of employment” according to the SPP.

Private Party Buses Unclear: marijuana party buses exist in Washington, and permit consumers to smoke in its private compartments, operating in a legal grey area. 48 Yet scuh unregulated private vehicles for hire are unlikely to be SPP-compliant. 49 And some localities may also fully ban smoking anything and use of intoxicants in all of their vehicles-for-hire.

TIP: for a consumption space, an adult guest could seemingly use (rent or own) a larger vehicle (i.e., mobile home), with tinted window or shades drawn, and ample seating, and park with no driver, employees, or volunteers, leaving the ignition key inside the venue and leaving it for a day to air out before returning it, sober.”50

TIP: the event host should confirm with the local jurisdiction or the Oregon State Police as to whether a private vehicle with opaque windows and/or mobile homes are considered “public places.”

FIND CANNABIS FRIENDLY TRANSPORTATION

SHARE CANNABIS WITH YOUR GUESTS THROUGH GIFTING

CATERING WITH CANNABIS

CATERING WITH CANNABIS IN WASHINGTON

Personal Procession of Edibles Permitted: At her private residence, the event host or another adult may use a legal amount of marijuana, marijuana concentrates, and marijuana- infused products purchased at the retail outlet and may process them, for noncommercial personal use, into a homemade marijuana extract or homemade marijuana-infused product that does not exceed 10% THC concentration, made using ONLY cooking oil, butter, or other nonexplosive home cooking substances. 59

Purchasing of Edibles Permitted: The event host or another adult may purchase marijuana- infused products, up to 16 oz. in solid form, and up to 72 oz. in liquid form, from a retail outlet and each may bring them to the wedding for personal use. 60

Use of Edibles Permitted: All edibles must be consumed on private property, and not in public view.

Sale of Edibles Prohibited: Only a marijuana retailer may sell edibles.

Gifting of Edibles Prohibited (See Gifting section)

TIP: Allow the chef to cook legally purchased marijuana product into a marijuana-infused product, while standing by to maintain possession and defeat the definition of “delivery.” 61 In such a scenario, the chef’s labor MUST be donated, and no marijuana may be transferred to another person. These marijuana-infused products could also be brought to the wedding by the adult for personal use.

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FLORISTS & BOUQUETS

WASHINGTON FLORIST GIFTING LAWS

DIY Cannabis Bouquets: So long as the cannabis remains in your possession, you may affix less than 1oz of decorative cannabis into a personal bouquet or boutonniere.

TIP: Independent from a florist, event guests may work their own marijuana into bouquets or wearable pieces as long as such marijuana remains on one’s person and is intended solely for personal use (i.e., in a boutonniere or flower crown).

TIP: Remove the cannabis from your bouquet after the ceremony and save it for your own personal consumption at the cannabar.

Gifting and Sale Prohibited: The event host may not gift any marijuana to a florist, and a florist may not sell a floral arrangement containing marijuana to a client.

Display Arguable: The law is unclear whether a florist arrange marijuana in arrangements or centerpieces under the event host’s watch at her residence, or provide flower arrangements and rudimentarily tell the event host how to place the marijuana. However, if the point of the marijuana flower arrangement is to ultimately give it away to someone, and it will not be kept with the event host the entire time, such displays may be prohibited. Further, the concept of a marijuana flower arrangement may contradict security measures taken to keep marijuana separate from non-consuming or minor wedding guests, either on an adult’s person, or in the consumption area.

 

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CANNABAR (GIFTING)

WASHINGTON CANNABAR LAWS

BYOC Permitted: The event host and each participating adult, having been directed to “Bring Your Own Cannabis” by the invitation, and purchased it legally at a retail outlet, may consume together in a legal consumption area (not in view of the general public), as long as everyone smokes or ingests their own marijuana products and are SPP compliant.

Cannabar Gifting Exemption: Industrial hemp is exempted. Marijuana products with up to a 0.3% THC concentration, including cannabis health and beauty aids, may be gifted with no restrictions. 66 Thus, the event host may have a cannabar to give out unlimited supplies of cannabis health and beauty aids, and perhaps arguably high-CBD, super low-THC marijuana and marijuana products for consumption.

Sale, Sharing, and Delivery of Marijuana are Strictly Prohibited – This includes passing a joint or bowl. There are no legal CannaBars at weddings in the State of Washington. 62

Verification of Identification: If an adult budtender is employed to check identification and prevent access to a consumption area by minors, and consumption occurs around the budtender, such may violate the SPP (smoking in a “place of employment”). 63

TIP: If a budtender is employed to check ID, even if the budtender is a volunteer, IDs should be checked outside of the consumption area.

TIP: Post signs that read: “Marijuana or Marijuana Infused Products May Not Be Consumed In Public,” at:

  • (i) the ID verification area;
  • (ii) the consumption area; and
  • (iii) every exit.

TIP: To encourage legal compliance by the adult guests in addition to the event host, each guest who will be consuming his/her own marijuana should receive a flyer/insert before entering the consumption area that includes the following statements: 64

  • “Do not take any marijuana out-of-state.”
  • “Do not possess more than 1oz. of marijuana purchased from a retail outlet.”
  • “Do not consume marijuana in a public place or in view of the general public, including in national parks and national forests.”65
  • “Do not drive after consuming marijuana.”

 

FIND VENDORS TO STOCK YOUR CANNABAR

WELCOME BAGS & THANK YOU GIFTS

WASHINGTON THANK YOU GIFT RECOMMENDATIONS

General Prohibition: A minor may not possess recreational marijuana (regardless of THC concentration) and no adult at the event may deliver marijuana to a minor. 67

Host Responsibility: Like serving alcohol, it is the responsibility of the event hosts & parents to make sure that minors are distanced from and have no access to marijuana.

TIP: specify on the invitation that minors will not be permitted to attend the wedding; maintain entrance security to ensure this.

TIP: If minors will be allowed at the wedding, ensure safety and compliance by:

  • Mentioning on the invitation that adults intending to possess or use marijuana should bring photo identification
  • Employing a budtender to check IDs and monitor all marijuana being used.
  • Using the same level of scrutiny in checking ID as is used by a retail outlet, i.e.,
    • Driver’s license, instruction permit, or identification card of any state, or province of Canada, from a U.S. territory or the District of Columbia, or “identicard” issued by the Washington state department of licensing, United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel’s dependents, which may include an embedded, digital signature in lieu of a visible signature; Passport; Merchant Marine identification card issued by the United States Coast Guard; and Enrollment card issued by the governing authority of a federally recognized Indian tribe located in Washington, if the enrollment card incorporates security features comparable to those implemented by the department of licensing for Washington driver’s licenses. 68
    • Creating a private 21+ section for all marijuana consumption so as to avoid minors being exposed to smoke or acquiring marijuana (i.e., fully enclosed tent outside, legally partitioned and/or legally parked limousine or vehicle with tinted windows/drawn shades)
    • Posting signage around the entrance to the adult section that read “No Minors Permitted in this Area.”
FIND THE PERFECT THANK YOU GIFT

RESPONSIBLE GIFTING PRACTICES

MINORS AT WEDDINGS

WASHINGTON RECOMMENDATIONS FOR MINORS AT WEDDINGS
General Prohibition: A minor may not possess recreational marijuana (regardless of THC concentration) and no adult at the event may deliver marijuana to a minor. 67
Host Responsibility: Like serving alcohol, it is the responsibility of the event hosts & parents to make sure that minors are distanced from and have no access to marijuana.
TIP: Specify on the invitation that minors will not be permitted to attend the wedding; maintain entrance security to ensure this.

TIP: If minors will be allowed at the wedding, ensure safety and compliance by:

  • Mentioning on the invitation that adults intending to possess or use marijuana should bring photo identification
  • Employing a budtender to check ID and monitor all marijuana being used to ensure compliance and safety
  • Using the same level of scrutiny in checking ID as is used by a retail outlet, i.e.,
    • Driver’s license, instruction permit, or identification card of any state, or province of Canada, from a U.S. territory or the District of Columbia, or “identicard” issued by the Washington state department of licensing, United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel’s dependents, which may include an embedded, digital signature in lieu of a visible signature; Passport; Merchant Marine identification card issued by the United States Coast Guard; and Enrollment card issued by the governing authority of a federally recognized Indian tribe located in Washington, if the enrollment card incorporates security features comparable to those implemented by the department of licensing for Washington driver’s licenses. 68
    •  Creating a private21+section for all marijuana consumption so as to avoid minors being exposed to smoke or acquiring marijuana (i.e., fully enclosed tent outside, legally partitioned and/or legally parked limousine or vehicle with tinted windows/drawn shades)

DEFINITIONS, RESOURCES & CITATIONS

DEFINITIONS

“Delivery” is the actual or constructive transfer from one person to another of marijuana. RCW § 69.50.101 (g). This has been construed to include “gifting,” which is not explicitly addressed in the regulations.

“Marijuana Products” consist of: (i) “useable marijuana;” (ii) “marijuana concentrates,” and (iii) “marijuana-infused products. RCW § 69.50.101 (w),(z),(cc),(tt).

“Useable Marijuana:” dried marijuana flowers.

“Marijuana Concentrates:” products that contain resin extracted from any part of the plant Cannabis and that have a THC concentration greater than 10%

“Marijuana-Infused Products:” products that contain marijuana or marijuana extracts that have a THC concentration up to 10%.

“Public Place” includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public. RCW § 66.04.010 (36).

“Marijuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. RCW § 69.50.101 (v). http://www.lcb.wa.gov/mj2015/faqs_i-502

“Marijuana Club” which is a “club, association, or other business, for profit or otherwise,” that “conducts or maintains a premises” for the purposes of providing a location where individuals may consume marijuana.

“Place of employment” means any area under the control of a public or private employer which employees are required to pass through during the course of employment, including, but not limited to: Entrances and exits to the places of employment, and including a presumptively reasonable minimum distance, as set forth in RCW § 70.160.075, of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; work areas; restrooms; conference and classrooms; break rooms and cafeterias; and other common areas. A private residence or home-based business, unless used to provide licensed child care, foster care, adult care, or other similar social service care on the premises, is not a place of employment.

“’Smoke’ or ‘smoking’” means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.” RCW § 70.160.020 (1).

“Vapor product” means any noncombustible product that may contain nicotine and that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor or aerosol from a solution or other substance. ‘Vapor product’ does not include any product that meets the definition of marijuana, useable marijuana, marijuana concentrates, marijuana-infused products, cigarette, or tobacco products. RCW § 70.345.010 (19).


RESOURCES

ENFORCEMENT AUTHORITIES & RELEVANT CONTACT INFORMATION

I. Washington State Liquor & Cannabis Board is the enforcement authority for: (i) individuals at retail outlet; (ii) venues with a liquor license; (iii) venues with a banquet license; and (iv) budtenders who are marijuana retail outlet employees;

Washington State Liquor & Cannabis Board (WSLCB) Customer Service Question Line: (360) 664-1600 (opt 1) Rules Coordinator: (360) 664-1631 http://www.liq.wa.gov/contact http://www.lcb.wa.gov/marj/marijuana-2016

 

II. City and county law enforcement (and occasionally the Washington State Police) are the enforcement authorities for all conduct by non-marijuana business licensees.

Washington State Patrol

Genera Information Phone: (360) 596-4000
Email: questions@wsp.wa.gov

http://www.wsp.wa.gov/information/directory.htm

 

Washington City Government Websites

http://mrsc.org/Home/Research-Tools/Washington-City-and-Town-Profiles.aspx

Washington County Government Websites

http://mrsc.org/Home/Research-Tools/Washington-County-Profiles.aspx

 

III. Washington State Department of Health is the enforcement authority for issues involving Smoking in Public Places.

Washington State Department of Health
Phone: (800) 525-0127
Email: https://fortress.wa.gov/doh/opinio/s?s=5376http://www.doh.wa.gov/AboutUs/ProgramsandServices/PreventionandCommunityHealth

 

PUNISHABLE CRIMES IN WASHINGTON

NORML Washington State Laws & Penalties

http://norml.org/laws/item/washington-penalties-2


WORKS CITED

RCW § 69.50.4013 (3)(a).

2 RCW § 69.50.4013 (3)(a); RCW § 69.50.360 (3); RCW § 69.50.412; RCW § 69.50.4121. http://mrsc.org/Home/Explore‐Topics/Legal/Regulation/Marijuana‐Regulation‐in‐Washington‐ State/Enforcing‐Recreational‐Marijuana.aspx.

3 RCW § 69.50.101 (w),(z),(cc),(tt).

4 Possession by an adult of more than 1 oz. to 40g (about 1.5 oz.) is punishable by a misdemeanor. RCW § 69.50.4014. Possession of more than 40g is a is a Class C Felony. RCW § 69.50.4013 (1), (2).

5 RCW § 69.50.445 (1). The maximum penalty and the default amount for a class 3 civil infraction shall be $50.00, not including statutory assessments. RCW § 7.80.120(1)(c).

6 Manufacture by an unlicensed adult is punishable as a class C felony. RCW § 69.50.401.

7 RCW § 69.50.401. RCW § 69.50.450 (1)

8 Manufacture of a controlled substance that isn’t exempted under the recreational marijuana law for licensed cultivators is also a class C felony. RCW § 69.50.401.

9 RCW § 69.50.101 (v). http://www.lcb.wa.gov/mj2015/faqs_i‐502

10 RCW § 69.50.575.

11 RCW § 69.50.101 (oo).

12 WAC 314‐55‐150.

13 WAC 314‐55‐095 (1)(c). RCW § 69.50.360 (3).).

14 WAC 314‐55‐010 (31). WAC 314‐55‐095 (1).

15 WAC 314‐55‐147.

16 WAC 314‐55‐077(7).

17 RCW § 69.50.101 (v). RCW § 69.50.378. RCW § 69.50.575.

18 “Delivery” is the actual or constructive transfer from one person to another of marijuana. RCW § 69.50.101 (g). Except delivery in compliance with RCW § 69.50 by a licensed marijuana business, “it is unlawful for any person to deliver or possess with intent to deliver a controlled substance.” This delivery by an unlicensed adult is punishable as a class C felony. RCW § 69.50.401. While this was not explicitly stated in the statute, many interpretations of the law agreed on the existence of the prohibition on gifting. http://seattlecannabis.co/recreational‐marijuana‐information‐washington‐state; http://blog.seattlepi.com/vivianmcpeak/2016/05/18/washington‐the‐worst‐legal‐cannabis‐model‐dont‐ copy‐us/ www.leafbuyer.com/blog/washington‐marijuana‐laws‐penalties; http://thejointblog.com/fix‐ this‐sharing‐marijuana‐with‐your‐sweetheart‐is‐felony‐distribution‐in‐washington‐state; https://thinkprogress.org/what‐you‐need‐to‐know‐before‐you‐buy‐weed‐in‐washington‐ ad09158425fb#.8t1z49flf.

19 RCW § 69.50.101 (v). RCW § 69.50.378. RCW § 69.50.575.

20 RCW § 69.50.445. RCW § 7.80.120(1)(c)

21 RCW § 69.50.445.

22 http://www.doh.wa.gov/YouandYourFamily/Tobacco/LawsRegulations/SmokinginPublicPlacesLaw

23 “Public place” is defined much more broadly in the SPP than RCW but also protects “private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public.” “Public place” under the SPP means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in RCW § 70.160.075, of twenty‐five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence unless the private residence is used to provide licensed child care, foster care, adult care, or other similar social service care on the premises.

Public places include, but are not limited to: Schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, casinos, reception areas, and no less than seventy‐five percent of the sleeping quarters within a hotel or motel that are rented to guests. A public place does not include a private residence. This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public. RCW § 70.160.020 (2). http://gonw.about.com/od/statelawsforvisitors/ss/Where‐You‐Can‐ and‐Cant‐Smoke‐Pot‐in‐Washington‐State.htm

24 RCW § 70.160.030. RCW § 70.160.020 (3).

25 RCW § 70.160.020 (1). RCW § 70.345.010 (19).

26 http://blogs.seattletimes.com/opinionnw/files/2015/01/Holmes‐memo.pdf

27 http://blogs.seattletimes.com/opinionnw/files/2015/01/Holmes‐memo.pdf

28 http://marijuanapolitics.com/canceled‐cannabis‐cup‐shows‐legalization‐fight‐has‐only‐just‐begun http://www.hempfest.org/festival/schedule.

29 http://lawfilesext.leg.wa.gov/biennium/2015‐16/Pdf/Bills/Senate%20Bills/6375.pdf.

30 http://app.leg.wa.gov/DLR/billsummary/default.aspx?Bill=6375&year=2015.

31 RCW § 66.04.010 (36).

32 RCW § 69.50.4013 (3)(a); RCW § 69.50.360 (3).

33 http://www.liq.wa.gov/licensing/applicant‐faqs.

34 http://www.liq.wa.gov/licensing/banquet‐permits.

35 RCW § 69.50.505 (1) (h).

36 RCW § 69.50.331 (8)(b). RCW § 69.50.331 (8)(a).

37 RCW § 69.50.465.

38 http://blogs.seattletimes.com/pot/2014/06/27/where‐you‐can‐consume‐pot‐legally‐in‐washington.

39 RCW § 70.160.020.

40 RCW § 66.04.010 (36).

41 RCW § 69.50.445.

42 RCW § 70.160.020.

43 http://kushtourism.com/lodging. http://foodtravel.about.com/od/Marijuana‐Food‐ Travel/ss/Marijuana‐Tourism‐in‐America.htm#step3

44 RCW § 69.50.445.

45 RCW § 46.61.519.

46 RCW § 66.04.010 (36).

47 https://www.utc.wa.gov/regulatedIndustries/transportation/TransportationDocuments/2014‐8‐ 21%20Exec%20Letter%20to%20Charters%20‐%20Final.pdf

48 http://weedbus.club/#!/seattle‐weed‐basics; http://kushtourism.com; http://www.highaboveseattle.com/marijuana‐tours‐2;

49 https://www.utc.wa.gov/regulatedIndustries/transportation/TransportationDocuments/2014‐8‐ 21%20Exec%20Letter%20to%20Charters%20‐%20Final.pdf

50 http://blogs.seattletimes.com/pot/2014/06/27/where‐you‐can‐consume‐pot‐legally‐in‐washington.

51 RCW § 69.50.401. RCW § 69.50.450 (1)

52 WAC 314‐55‐079 (3).

53 RCW § 46.04.586. RCW § 46.20.308 (5). RCW § 46.61.502. RCW § 46.61.502. RCW § 46.61.504. RCW § 46.61.503.

54 RCW § 46.61.745 (1)(a)(ii)

55 RCW § 46.61.745 (1)(a)(i),(iii).

56 http://mrsc.org/Home/Explore‐Topics/Legal/Regulation/Marijuana‐Regulation‐in‐Washington‐ State/Enforcing‐Recreational‐Marijuana.aspx

57 WAC 314‐55‐079 (3).

58 http://lawfilesext.leg.wa.gov/biennium/2015‐16/Pdf/Bills/House%20Bills/2368‐S.pdf http://www.cannalawblog.com/marijuana‐delivery‐legal‐in‐seattle‐soon

59 RCW § 69.50 RCW § 69.50.401. RCW § 69.50.401. RCW § 69.50.450 (1).

60 RCW § 69.50.360 (3).

61 “Delivery” is the actual or constructive transfer from one person to another of marijuana. RCW § 69.50.101 (g).

62 RCW § 69.50.101 (g). RCW § 69.50.401.

63 RCW § 70.160.020.

64 WAC 314‐55‐086. WAC 314‐55‐105

65 http://www.lcb.wa.gov/mj2015/fact‐sheet.

66 RCW § 69.50.101 (v). RCW § 69.50.378. RCW § 69.50.575.

67 RCW § 69.50.4013 (4). RCW § 69.50.401(2) (c), (d), or (e). RCW § 69.50.406 (2).

68 RCW § 46.20.117; WAC 314‐55‐150.