Faced with the possibility of 11 million square feet of federally illegal plants, the Washington Liquor Control Board on Wednesday made a rule change that will have a dramatic effect on the state’s legal marijuana market.

The board cut all applications for producers down to one license per person or company and limited the licensees to 70 percent of what they would be licensed to grow.

Understandably, growers with investors and deeper pockets looking to get three licenses at 30,000 square feet of canopy each (the top of three tiers) were pretty upset. The new limits will drastically reduce what they can hope to grow; many had money tied up in the property and equipment required to grow that greater amount.

Now the big players are scaling down from a potential of 90,000 square feet of marijuana to roughly 21,000.

But not everyone is unhappy with the rule change. In fact, upon reflection, it becomes clear that the new rules make it far more likely that small growers — “ma and pa” outfits like partners Christi Masi and Scott Masengill, married for 25 years — will have a fighting chance against “big weed.”

“I do feel like the state has done a good job of setting things up in a way that we will all have the opportunity to succeed at this, and I really appreciate that they have done this,” said Masi.

Masi and Masengill are in the final stages of getting a license to grow at “tier two,” or up to 10,000 square feet, though once they get approved they’ll only be able to shoot for 70 percent of that amount.

Here are the tiers:

Tier 1 – less than 2000 square feet

Tier 2 – 2000 to 10,000 square feet

Tier 3 – 10,000 to 30,000 square feet

Related story: Board reduces amount of marijuana each business can grow

“Let’s assume that everyone could grow unlimited,” said Masengill. “The price would go so low that even the big investors wouldn’t be able to make money at it. … Either way, the market would have to correct itself and this is just an intervention at the administrative level instead of at the market level.”

Masi added:

“I really appreciate that they are kind of protecting the small ‘ma and pop,’ which we totally are, … that’s part of this whole opportunity that I have fallen in love with. The state has decided that the small guy gets a chance here, and that feels good. And that to me has been a big motivator in taking some of the plunges.”

And plunge they did. The Seattle duo bought land to grow outdoors in Eastern Washington with money that came out of their potential retirement … though, with business backgrounds, they’ve done their homework and limited the risk of outright poverty should it all go south.

“We’re limiting our investment,” Masi said, with what appeared to be the couple’s characteristic aplomb and humor. “We put a cap on it and said we have to be able to do it for this amount of money. But the risk continues.”

Nevertheless, they are risk takers, she said, and it has been and continues to be an exciting journey. Plus, there’s the experience of hearing from more and more people they hadn’t suspected of being marijuana consumers … but who are, and have been for decades.

Now they, like state officials and all the architects of I-502, are looking forward to seeing those people leave the grey and black markets to a working, attractive I-502 market.

“We want all of our neighbors to stop growing their own because it’s going to be so convenient to go to the local retail store,” Masi said.

And yet, the bureaucracy needs to get this done.

“We’re sun growers,” Masengill said, “and spring is going to be starting really soon. And we need to get our plants in the ground.”

Gallery: Where in Washington can you legally have marijuana?









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Image 1 of / 9 Caption Close Image 2 of 9 Answered: Can you legally have marijuana on a Washington ski slope? Marijuana and mountains have become a weary mix for ski resorts in Colorado and soon in Washington as legal sales of recreational marijuana get going. Possession of up to an ounce is already legal for anyone over 21 years old. Ski resorts are worried that tourists visiting for legalized cannabis will have the misconception that they will be allowed to spark up on the slopes. In both Colorado and Washington, ski resorts follow federal laws because they operate on Forest Service land. Some ski resorts are distributing handouts to inform skiers and snowboarders that the resorts are on federal land where all marijuana is illegal, just as in the rest of the country. “We have a policy against smoking cigarettes anyways, so it hasn’t been an issue,” said Crystal Mountain ski patrol Paul Baugher. “Occasionally, we’d see some kids crowding in a circle by the gondola cabin and it’d be obvious that they’re smoking some stuff.” However, Baugher said it’s not the ski patrol’s responsibility nor part of their training regime to bust skiers for possession of marijuana. The only time they consider marijuana use to be a major issue and take any action such as making people leave the mountain is when they hear complaints from other skiers. Also, in Colorado, it has been illegal to ski, board or even hop on a ski lift under the influence. (Getty Images) less Answered: Can you legally have marijuana on a Washington ski slope? Marijuana and mountains have become a weary mix for ski resorts in Colorado and soon in Washington as legal sales of ... more Image 3 of 9 Answered: Is marijuana allowed in Sea-Tac Airport? Short answer: Yes. Long answer: Sure, but where in hell are you going to go with it? Basically, since Sea-Tac is owned and run by the Port of Seattle and not federal property, Washington’s marijuana laws under I-502 apply there. So, it’s legal for adults 21 and over to have up to an ounce on their person. And all the other rules apply, too: No displaying or using in public, no selling or handing out, etc., said Perry Cooper, a spokesman with the Port of Seattle for Sea-Tac Airport. The situation is different in Colorado, where several airports have banned marijuana, because the law there, established under Amendment 64, allows local jurisdictions to ban it. As the Denver Post writes: The law specifically allows any entity “who occupies, owns or controls a property” to set its own marijuana rules at that property. Airports around Denver have set up “amnesty boxes” for people to drop their baggies. The airports didn’t want marijuana filling up their open garbage cans. less Answered: Is marijuana allowed in Sea-Tac Airport? Short answer: Yes. Long answer: Sure, but where in hell are you going to go with it? Basically, since Sea-Tac is owned ... more Image 4 of 9 Answered: What about those pesky TSA dudes at Sea-Tac Airport Perry Cooper, a spokesman with the Port of Seattle for Sea-Tac Airport, explained that while the men and women of the Transportation Security Administration are federal employees, they have no law enforcement authority at the Sea-Tac Airport and can only report problems to Port of Seattle police. “If they want to report something at a checkpoint, they give us a call and we check out the situation,” he said. If Port officers “determine a violation of law, they can make an arrest or confiscate items, but in each situation the officer has the discretion to make an arrest based on totality of circumstances.” That “totality” involves, say, violent outbursts or large amounts of cash or more than an ounce of pot … you know, extenuating circumstances that would make the marijuana itself pretty much a moot point. And here’s the TSA’s stance on the deal, as emailed to us by a TSA spokesperson: “TSA’s focus is on terrorism and security threats to the aircraft and its passengers. “TSA’s screening procedures, which are governed by federal law, are focused on security and are designed to detect potential threats to aviation and passengers. As has always been the case, if during the security screening procedures an officer discovers an item that may violate the law, TSA refers the matter to law enforcement. Law enforcement officials will determine whether to initiate a criminal investigation.” (Getty Images) less Answered: What about those pesky TSA dudes at Sea-Tac Airport Perry Cooper, a spokesman with the Port of Seattle for Sea-Tac Airport, explained that while the men and women of the ... more Photo: John Moore / Getty Images Image 5 of 9 Image 6 of 9 Answered: Can you legally take marijuana on an Amtrak train? “Despite the new state laws in both Colorado and Washington, marijuana use and possession, including medical marijuana, is still and will remain, prohibited for Amtrak passengers and employees,” said Vernae Graham with Amtrak Corporate Communications. less Answered: Can you legally take marijuana on an Amtrak train? “Despite the new state laws in both Colorado and Washington, marijuana use and possession, including medical marijuana, is ... more Photo: Charley Gallay Image 7 of 9 Answered: Is marijuana legal out in Puget Sound, other local waterways? Nope. Or, at least, not as far as the Coast Guard is concerned. “It’s still illegal under federal law, and we handle it the same way as we always have,” said Mike Lutz, chief of Coast Guard’s District 13. “But a really important part to keep in mind when you think about marijuana, alcohol or anything that could impair you on the waterways, you can get cited for boating under the influence. And, same as if you get in a car, you are still putting people’s lives in danger if you are impaired while operating any kind of vessel.” We pushed him to be sure we understood: So, if I take my sailboat out into Puget Sound, I can be arrested or ticketed for having an amount of marijuana that would be legal on shore? “If you are in navigable waterways, you’re in an area that is enforced by the Coast Guard. And, if a Coast Guard boarding team boards your vessel and finds quantities of marijuana … it’ll be confiscated,” he said. “They will be written a (ticket) and those are referred to the Department of Justice.” So Lake Union? Rivers? “If you’re in a boat, pretty much any waterway where you can maneuver in something bigger than a Jon Boat, is probably going to be a navigable waterway that Coast Guard could be enforcing federal laws,” he said. Okey dokey. less Answered: Is marijuana legal out in Puget Sound, other local waterways? Nope. Or, at least, not as far as the Coast Guard is concerned. “It’s still illegal under ... more Image 8 of 9 Answered: Can you legally smoke marijuana in a Seattle hotel room? With legal recreational pot shops set to open for business at some point in the spring, Seattle City Attorney Pete Holmes and others have been pushing the state to okay places where marijuana tourists in Seattle can smoke up. (So far to no avail.) Their fear is that our streets will be crowded with tourists smoking in public and annoying everyone, as well as breaking the law against public "display" of weed. The fine is only $27, but the backlash could be bigger with too many puffers wondering around. But in a state where it is illegal to smoke anything inside or around public places, things can get tricky for these tourists wanting to exercise their newfound freedom in hotel rooms. Washington State Department of Health spokesman Donn Moyer said that at least 75 percent of all sleeping quarters in hotels and motels in the state must be smoke-free, which means that the state allows smoke-friendly rooms to make up the remaining 25 percent. According to the Washington Lodging Association, there are no universally enforced protocols within the hospitality industry as to smoking marijuana inside the hotels for medical or recreational purposes. Because of this, it is completely up to the hotel owners whether to allow marijuana use in the designated smoking rooms or not. We contacted a dozen hotels and motels in the Seattle area to see if they have policies for or against marijuana smoking. Although possession of marijuana was not an issue for any of the hotels, all twelve contacted said they take action after a smell complaint from other guests. The owners of Seattle Pacific Hotel and Extended Stay of America allow smoking in the rooms but guests are not allowed to smoke marijuana inside due to the preference of the owners. Travelodge Sea Tac Airport North also allows cigarette smoke inside the rooms but guests are required to sign an agreement that they will not smoke marijuana in the rooms or else they do not receive a return in their $50 deposits. Grand Hyatt Seattle in downtown allows marijuana use only if they bring a doctor’s note but they charge a $250 service fee for any photo evidence of marijuana possession following a smell complaint. Holiday Inn Express by Aurora Avenue does not have a policy on marijuana, however they do take action if they receive a smell complaints and the staff must find visual evidence before they consider fining or evicting the guests. Thus, the issue remains: Where will tourists smoke marijuana in Seattle? less Answered: Can you legally smoke marijuana in a Seattle hotel room? With legal recreational pot shops set to open for business at some point in the spring, Seattle City Attorney Pete Holmes ... more Photo: Alan Powdrill / Getty Images Image 9 of 9 Washington state just shifted marijuana market from ‘big weed’ to ‘ma and pa weed’ 1 / 9 Back to Gallery

Gallery: What you need to know …

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.

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