Providing a full range of legal services to businesses and entrepreneurs in the recreational cannabis industry in Washington state:
- Business Law—incorporation, operating agreements, contracts, leasing agreements, mergers and acquisitions
- Employment Law—employee handbooks, non-compete agreements, non-disclosure agreements, hiring & termination
- Litigation—licensing, insurance, regulations, commercial, administrative hearing
Implementation & Regulation: The Washington State Liquor Control Board (WSLCB or LCB) is the government agency in charge of the implementation and licensing of I-502 recreational marijuana in Washington: The WSLCB has created rules regarding security minimums and the prevention of minors’ access to marijuana.
I-502 decriminalizes marijuana possession and use in Washington State for those age 21 and older who poses any combination of: one ounce of marijuana, 16 ounces of marijuana in solid form or 72 ounces in liquid form. Each jurisdiction may be handling marijuana possession differently so it is important to check with local law enforcement. The Seattle Police Department provided this on how its officers will be handling marijuana possession going forward. Possession of marijuana is different from operating a motor vehicle with marijuana in your system. I-502 sets a per se DUI limit of active THC levels at greater than or equal to 5 nanograms per milliliter of blood (5 ng/mL). State and local law enforcement agencies are tasked with enforcing the DUI limit.
Federal Law: I-502 does not preempt federal law. Presently Washington State residents involved in marijuana production, processing, and retailing could still be subject to prosecution if the federal government chooses to do so. This includes the confiscation of assets as one of the enforcement tactics available to federal authorities.
On August 29, 2013 Attorney General Eric Holder called both Governors Jay Inslee and John Hickenlooper (Colorado) to outline the federal government’s guidance on legalized marijuana. That guidance was also outlined in a memo which focused on eight points of federal emphasis such as youth access and public safety which the LCB’s proposed rules address. The WSLCB’s rules do not change federal law. Governor Inslee’s office is maintaining an open dialogue with the federal government and the WSLCB is moving forward to carry out the expectations of the agency under the new law.
Due to the nature of your business and its relationship to recreational marijuana, it is necessary to remind you that even though recreational marijuana is now legal in Washington, the manufacture, distribution, and possession of marijuana is still a federal crime under the Controlled Substances Act. No document or legal advice that we provide to you is intended to assist you in either violating or complying with federal law.
Carney Badley Spellman is a Seattle Washington law firm that offers legal services to a diverse clientele in the U.S. and internationally. Clients range from startups to closely-held businesses to Fortune 500 companies. Our services include Business and Employment Law, and Litigation.
News
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- ALCU to defend I-502 against the city of Wenatchee’s license ban
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- Two Washington state credit unions offering banking for marijuana industry
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- US Treasury Secretary Jack Lew defends efforts to help banks process marijuana sales
- Washington: Liquor Control Board announces lottery process for marijuana store licenses
- Colorado and Washington residents have a love/fear view of legalized marijuana according to Avvo survey