Updated: Washington can now recall and destroy marijuana products for pesticides, other reasons

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At its regular board meeting today, the Liquor and Cannabis Board decided to create a harsh enough penalty that marijuana growers and producers of edibles and concentrates will be more careful about pesticide use and packaging. This is essentially a product recalling mechanism for the new industry.

Here's what the board did:

"... the Board also adopted emergency rules following staff's recommendation to implement product recall procedures for those products deemed a risk to public health and safety. "The emergency rules provide the ability to identify and remove products that have been found to pose a risk to public health in a fast and efficient manner. In addition the rules also provide licensees with the ability to withdraw products for reasons that are not related to public health risks, such as faulty packaging or aesthetic purposes."

Highlights from the bard:

Revised the definition of "licensed premises" to include all areas of a premises where the licensee has leasehold rights and any vehicle assigned to transport marijuana;

Removed the requirement that "Mr. Yuk" stickers must be on all labels for marijuana infused edible solid and liquid products. The Board will work with the Washington State Poison Center to create a new indicator for marijuana infused products;

Allows a marijuana retailer to accept any open marijuana product return with the original packaging;

Removed the requirement for the employee's birthdate to be included on the employee ID badge. Employees must have their state issued identification available to verify the information on their badge;

Added language that marijuana and marijuana products exposed to unauthorized soil amendments or fertilizers, or marijuana with detectable levels of unauthorized pesticides or plant growth regulators are subject to seizure and destruction;

Added mandatory signs at the point of sale on a retail licensed premises;

Added language that persons operating without a WSLCB approved marijuana licensed location will be discontinued;

Added language that if a person seeking to register a cooperative fails to meet the requirements the WSLCB will deny the cooperative registration. If a registered cooperative violates the requirements of a cooperative the WSLCB will revoke the cooperative's registration. An administrative hearing may be requested in either case;

Added language that failure to address monetary penalties for two or more violation notices in a three year period will result in license cancellation. Licensees failing to respond to a violation or have outstanding fines shall not be eligible to renew;

Removed inventory destruction as a penalty for producers and processors. Made all penalties for producers and processors monetary penalties.

Previous version of this story (with new pesticide language below):

At its regular board meeting today, the Liquor and Cannabis Board will be deciding whether to create a harsh enough penalty that marijuana growers and producers of edibles and concentrates will be more careful about pesticide use. This is essentially a product recalling mechanism for the new industry.

There had been plenty of noise around pesticide use since legalization took hold. Some want all pesticides banned and some products have been reported to have high pesticide levels ... Though not necessarily of banned pesticides.

Clearly, clarification has been called for and the board will, I bet, adopt the rules since I doubt anyone would be openly critical of them. After all, humans are smoking, vaping and eating the stuff so it should all be at least good grade.

Also some industry leaders are trying to establish their own standards by rewarding growers who meet them with a sticker of approval much like the organic food industry.

Here are the proposed new pesticide rules:

WAC 314-55-084 Production of marijuana. (1) Only the following specified soil amendments, fertilizers, other crop production aids, and pesticides may be used in the production of marijuana:

(((1))) (a) Pesticides registered by WSDA under chapter 15.58 RCW as allowed for use in the production, processing, and handling of mar­ ijuana. Pesticides must be used consistent with the label require­ ments.

(((2))) (b) Commercial fertilizers registered by WSDA under chap­ ter 15.54 RCW.

(((3))) (c) Potting soil, crop production aids, soil amendments, and other growing media available commercially in the state of Wash­ ington may be used in marijuana production. Producers growing outdoors are not required to meet land eligibility requirements outlined in 7 C.F.R. Part 205.202.

(2) Examples of prohibited products:

(a) The use of products containing plant growth regulators not allowed for use on food crops including, but not limited to, any of the following ingredients, is prohibited:

• Ancymidol

• Chlormequat chloride

• Clofencet

• Colchicine

• Colloidal silver

• Daminozide • Dikegulac-sodium • Flumetralin • Flurprimidol • Paclobutrazol (b) The use of vitamin-hormone products not intended for use on

food crops is prohibited. (c) The use of products containing the insecticide DDVP

(Dichlorvos) is prohibited in all areas where marijuana is being grown or processed.

(3) Soil amendments, fertilizers, growing media, other crop pro­ duction aids, and pesticides that do not conform to subsections (1) and (2) of this section cannot be used, kept, or stored on the li­ censed premises.

(4) The following marijuana and marijuana products are subject to seizure and destruction:

(a) Marijuana exposed to unauthorized soil amendments or fertil­ izers; and

(b) Marijuana with detectable levels of unauthorized pesticides or plant growth regulators.

Jake Ellison can be reached at 206-448-8334 or jakeellison@seattlepi.com. Follow Jake on Twitter at twitter.com/Jake_News. Also, swing by and *LIKE* his page on Facebook. If Google Plus is your thing, check out our marijuana coverage here.