Washington regulators open rulemaking on a certification to help cannabis licensees document medical activity for federal rescheduling

Washington's Liquor and Cannabis Board (LCB) has started the rulemaking process for a possible certification program for cannabis licensees that take part in state-licensed medical cannabis activity, according to an Oct. 9 notice from the agency.

The board filed a preproposal statement of inquiry, known as a CR 101, on Oct. 9 to consider amending chapter 314-55 of the Washington Administrative Code to create the program, the notice says. The filing is listed as WSR 26-21-011.

Marijuana Moment reported that the board voted to move ahead with the plan, which is based on a petition from The Cannabis Alliance and Caitlein Ryan, and that the vote came over the objection of agency staff. In an update quoted by Marijuana Moment, the LCB said the certification "would serve to verify information about the regulated status of a cannabis licensee and confirm the extent of the licensee's participation in existing state-authorized medical cannabis activities for federal registration, banking, insurance, or other lawful purposes." The agency also said that "no proposed language is offered" at this stage. Marijuana Moment reported that the public can comment on the possible rulemaking through Dec. 4.

According to Marijuana Moment, an order issued in April moved marijuana products regulated by a state medical cannabis license from Schedule I to Schedule III of the federal Controlled Substances Act, while an administrative hearing on broader rescheduling continues. In a June guidance memo, the LCB said Washington does not license medical cannabis producers, processors or retailers, and that its licensees "do not appear to qualify" as state medical marijuana licensees under the federal rule, Marijuana Moment reported.

The LCB said it may coordinate with the Washington Department of Health and federal authorities such as the Drug Enforcement Administration to determine what documentation and verification would be needed, according to Marijuana Moment.