Wash. Admin. Code § 314-55-210 - Will the LCB seize or confiscate cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products?
The LCB may seize, destroy, confiscate, or place an administrative hold on cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products under the following circumstances:
(1) During an unannounced or announced
administrative search or inspection of licensed locations, areas of unlicensed
locations used for business or commercial purposes, or vehicles involved in the
transportation of cannabis products, where any product was found to be in
excess of product limitations set forth in WAC 314-55-075, 314-55-077, and
314-55-079.
(2) Any product not
properly logged in inventory records or untraceable product required to be in
the traceability system.
(3)
Cannabis, cannabis concentrates, useable cannabis, and cannabis-infused product
that are altered or not properly packaged and labeled in accordance with WAC
314-55-105.
(4) During a criminal
investigation, officers shall follow seizure laws detailed in RCW 69.50.505 and
any other applicable criminal codes.
(5) The LCB may destroy any cannabis,
cannabis concentrate, useable cannabis, and/or cannabis-infused products in its
possession that is not identifiable through the Washington cannabis
traceability system or otherwise in a form that is not compliant with
Washington's cannabis statutes or rules, chapters 69.50 RCW and 314-55
WAC.
(6) LCB officers may order an
administrative hold of cannabis, useable cannabis, cannabis concentrates, and
cannabis-infused products to prevent destruction of evidence, diversion or
other threats to public safety, while permitting a licensee to retain its
inventory pending further investigation, pursuant to the following procedure:
(a) If during an investigation or inspection
of a licensee, a LCB officer develops reasonable grounds to believe certain
cannabis, useable cannabis, cannabis concentrates, and cannabis-infused
products constitute evidence of acts in violation of the state laws or rules,
or otherwise constitute a threat to public safety, the LCB officer may issue a
notice of administrative hold of any such cannabis, useable cannabis, cannabis
concentrate, or cannabis-infused products. The notice of administrative hold
shall provide a documented description of the cannabis, useable cannabis,
cannabis concentrate, or cannabis-infused products to be subject to the
administrative hold.
(b) The
licensee shall completely and physically segregate the cannabis, useable
cannabis, cannabis concentrate, and cannabis-infused products subject to the
administrative hold in a limited access area of the licensed premises under
investigation, where it shall be safeguarded by the licensee. Pending the
outcome of the investigation and any related disciplinary proceeding, the
licensee is prohibited from selling, giving away, transferring, transporting,
or destroying the cannabis, useable cannabis, cannabis concentrate, and
cannabis-infused products subject to the administrative hold.
(c) Nothing herein shall prevent a licensee
from the continued cultivation or harvesting of the cannabis subject to the
administrative hold. All cannabis, useable cannabis, cannabis concentrate, and
cannabis-infused products subject to the administrative hold must be put into
separate harvest batches from product not subject to the administrative
hold.
(d) Following an
investigation, the LCB may lift the administrative hold, order the continuation
of the administrative hold, or seek a final agency order for the destruction of
the cannabis, useable cannabis, cannabis concentrate, and cannabis-infused
products.
Notes
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