LCB studying options for recreational marijuana home grow

2017 legislation requires the Washington State Liquor and Cannabis Board (LCB) to “conduct a study of regulatory options” for recreational home grows of marijuana. The LCB is tasked with making its findings and recommendations to the Legislature by December 1. For more information, visit the LCB website.

The LCB has developed three broad regulatory options that they are seeking input on.

Option 1. Strictly Regulated Recreational Home Grows

• Allow recreational home grows under a strict state regulatory framework that requires a permit and tracking of plants throughout the state, with enforcement jurisdiction shared between the WSLCB and local authorities.
• Absent a permit, growing marijuana for any purpose is illegal.
• Require tracking of all plants in the traceability system to help prevent diversion.
• Limit of no more than 4 plants per household.
• Include a statutory provision that allows law enforcement to seize and destroy all plants possessed by a person if the person has more plants than the law allows.
• Include a statutory provision to allow recreational growers to acquire plants from licensed producers so long as the person possesses a valid permit.
• Include requirements for security, preventing youth access, preventing diversion, etc.
• Include the same restrictions that apply to medical marijuana patients on processing marijuana in recreational home grows (no extraction with combustible materials. See WAC 314-55-430).

Option 2. State Framework, Local Authority Recreational Home Grows

• Allow recreational home grows under a regulatory framework based on statewide standards set in statute, but authorized, controlled, and enforced by local jurisdictions (counties, cities).
• Include statutory requirements for security, preventing youth access, preventing diversion, etc. (Cole Memo).
• Require a permit to possess plants. Absent a permit, growing marijuana for any purpose is illegal.
• Limit of no more than 4 plants per household.
• Include a statutory provision to allow recreational growers to acquire plants from licensed producers so long as the person possesses a valid permit.
• Include a statutory provision that allows law enforcement to seize and destroy all plants possessed by a person if the person has more plants than the law allows.
• Include the same restrictions that apply to medical marijuana patients on processing marijuana in recreational home grows (no extraction with combustible materials. See WAC 314-55-430).
• The Legislature may choose to allow local jurisdictions to “opt-in” for or “opt-out” of allowing recreational home grows, similar to the approach the Legislature took with marijuana licenses and registered medical marijuana patient cooperative grows.

Option 3. Prohibit Recreational Home Grows.

• Do not allow recreational home grows. Maintain current status.
• A regulated market is in place and widely available throughout the state.
• Home grows for medical purposes, including cooperatives, are currently allowed under state law.
• Allowing recreational home grows may provide a cover for the illicit market. This has been seen in other states that permit home grows for both medical and recreational purposes.
• Recreational home grows may contribute to diversion, youth access, etc., primary considerations under the guidelines set in the Cole Memo.

The LCB is currently accepting comments on the proposed options that they have developed. The deadline for feedback is October 11. The LCB has prepared this questionnaire for city officials to use to help provide more detailed feedback. Please take some time to review the questionnaire and provide your responses to the LCB via rules@lcb.wa.gov by the October 11 deadline.