314-55-080 - Medical marijuana endorsement
314-55-080. Medical marijuana endorsement
(1) A medical marijuana endorsement added to a marijuana retail license allows the marijuana retail licensee to:
(a) Sell marijuana for medical use to qualifying patients and designated providers; and
(b) Provide marijuana at no charge, at their discretion, to qualifying patients and designated providers.
(2) Qualifying patients between eighteen and twenty-one years of age with a recognition card may enter and remain on the premises of a retail outlet holding a medical marijuana endorsement and may purchase products for their personal medical use. Qualifying patients who are under the age of eighteen with a recognition card and who accompany their designated providers may enter and remain on the premises of a retail outlet holding a medical marijuana endorsement, but may not purchase products for their personal medical use. Only a designated provider may purchase products for a qualifying patient under the age of eighteen who holds a valid recognition card.
(3) To maintain a medical marijuana endorsement in good standing, a marijuana retailer must:
(a) Follow all rules adopted by the department of health regarding retail sales of medical marijuana;
(b) Have a consultant on staff in accordance with department of health rules;
(c) Prohibit the medical use of marijuana by anyone at the retail outlet at all times, including medical use by qualifying patients;
(d) Maintain at all times, a representative assortment of marijuana products necessary to meet the needs of qualified patients and designated providers;
(e) Not market marijuana concentrates, use-able marijuana, or marijuana-infused products in a way that make them especially attractive to minors;
(f) Demonstrate the ability to enter qualifying patients and designated providers in the medical marijuana authorization database established by the department of health;
(g) Issue recognition cards and agree to enter qualifying patients and designated providers into the database in compliance with the department of health standards;
(h) Keep records to document the validity of tax exempt sales as prescribed by the department of revenue for a minimum of five years. For the documentation requirements in RCW 69.50.375(3)(e), licensees are not required to separately keep copies of the qualifying patient's or designated provider's recognition card because this information is stored in the medical marijuana authorization database;
(i) Train employees on the following:
(i) Procedures regarding the recognition of valid authorizations and the use of equipment to enter qualifying patients and designated providers into the medical marijuana authorization database;
(ii) Recognition of valid recognition cards; and
(iii) Recognition of strains, varieties, THC concentration, CBD concentration, and THC to CBD ratios of marijuana concentrates, useable marijuana, and marijuana-infused products available for sale when assisting qualifying patients and designated providers at the retail outlet.
(4) A marijuana retailer holding a medical marijuana endorsement may sell products with a THC concentration of 0.3 percent or less. The licensee may also provide these products at no charge to qualifying patients or designated providers.
(5) Unlicensed practice of medicine. No owner, employee, or volunteer of a retail outlet and holding a medical marijuana endorsement may:
(a) Offer or undertake to diagnose or cure any human or animal disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or mental, real or imaginary, by use of marijuana products or any other means or instrumentality; or
(b) Recommend or suggest modification or elimination of any course of treatment that does not involve the medical use of marijuana products.
(6) Failure to comply with subsections (3) and (5) of this section may result in suspension or revocation of the medical marijuana endorsement.(Adopted by WSR 16-11-110, Filed 5/18/2016, effective 6/18/2016 Amended by WSR 18-22-055, Filed 10/31/2018, effective 12/1/2018)
The following state regulations pages link to this page.