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Marijuana Concentrates – New Legislation

April 30, 2014 by Jim Doherty
Category: Marijuana

Though the 2014 Legislature failed to come to agreement on many issues related to the state medical marijuana and recreational marijuana laws, there was one exception: ESHB 2304. The legislation deals primarily with marijuana concentrates, but it also adds a public records act exemption for specified state marijuana licensing information.

First, what are “marijuana concentrates”? Marijuana concentrates are products consisting wholly or in part of resin extracted from the Cannabis plant and containing a high concentration of THC (greater than 60%). See Section 1(u) of ESHB 2304. Hash oil is one example of a marijuana concentrate. Because some people use marijuana concentrates, failure to specifically include them as a marketable product in state-licensed retail stores would result in a continuing unregulated market for them.

Licensed retail stores will be allowed to sell up to 7 grams of marijuana concentrates to customers. That’s a lot, and the amount raises concerns about people using too much, but liquor retailers and pharmacies also sell products that can be used to excess and cause serious medical problems. It will be important for marijuana consumers to become educated regarding marijuana products and their effects.

The bill also enables marijuana processors to sell marijuana concentrates to marijuana retailers or to other processors (some processors will add marijuana resin to edible products or beverages). When the sale is to another processor,  it will not be a taxable event. RCW 69.50.535, as amended by Section 7 of ESHB 2305.

This legislation does not require local government agencies to do anything. However, it is important information for criminal justice agencies and for all those who might be inclined to use marijuana products in our state. The Public Records Act exemption in Section 6 of ESHB 2304 (amending RCW 42.56.270) for marijuana licensing financial information appears to apply only to records maintained by the state Liquor Control Board, so the exemption will not affect local government agencies who do not collect this information.

Retail marijuana stores will start opening for business during the summer -- marijuana concentrates will be for sale.

About Jim Doherty

Jim has over 24 years of experience researching and responding to varied legal questions at MRSC. He is the lead attorney consultant and has special expertise in transmission pipeline planning issues, as well as the issues surrounding medical and recreational marijuana.



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