Wash. Admin. Code § 314-55-410

Current through Register Vol. 24-23, December 1, 2024
Section 314-55-410 - Cooperatives
(1) A cooperative may be formed by qualifying patients and/or designated providers to share responsibility for growing and processing cannabis only for the medical use of the members of the cooperative. A cooperative must meet the following criteria:
(a) All cooperative members must be at least 21 years of age. The designated provider of a qualifying patient under 21 years of age may be a member of a cooperative on the qualifying patient's behalf;
(b) All cooperative members must hold valid recognition cards as defined by RCW 69.51A.010;
(c) No more than four qualifying patients or designated providers may become members of a cooperative;
(d) Qualifying patients or designated providers may only participate in one cooperative;
(e) A cooperative member may only grow plants in the cooperative and may not grow plants elsewhere;
(f) Cooperative members must participate in growing plants. Cooperative members must provide nonmonetary resources and assistance in order to participate. A monetary contribution or donation is not considered assistance;
(g) Cooperative members may grow up to the total amount of plants for which each cooperative member is authorized on his or her recognition card. At the location, the qualifying patients or designated providers may possess the amount of useable cannabis that can be produced with the number of plants permitted, but no more than 72 ounces;
(h) Cooperative members may not sell, donate, or otherwise provide cannabis, cannabis concentrates, useable cannabis, or other cannabis-infused products to a person who is not a member of the cooperative;
(i) A cooperative may not be located within a one mile radius of a cannabis retailer;
(j) A cooperative must be located at the domicile of one of the cooperative members. Only one cooperative may be located per property tax parcel; and
(k) To obscure public view of the premises, outdoor cannabis production must be enclosed by a sight obscure wall or fence at least eight feet high.
(2) People who wish to form a cooperative must register the location with the LCB. The location registered is the only location where cooperative members may grow or process cannabis. The following is required to register a cooperative:
(a) Submit a completed Cannabis Cooperative Registration Form;
(b) Submit copies of each person's recognition card who is seeking to be part of the registered cooperative;
(c) Submit a deed, lease, rental agreement, or other document establishing ownership or control to the property where the cooperative is to be located. If the property is leased or rented, a sworn statement from the property owner granting permission to engage in a cooperative must also be submitted that includes a telephone number and address where the owner can be contacted for verification;
(d) Submit a sketch outlining the location where the cannabis is planned to be grown.
(3) LCB will contact the primary contact listed for each registered cooperative on an annual basis to ensure validity of recognition cards and to confirm the status, whether active or inactive, of the cooperative. If the LCB finds that the cooperative no longer meets the criteria required under this section, the LCB may not renew the cooperative registration.
(4) LCB may inspect a cooperative between the hours of 8:00 a.m. and 8:00 p.m. unless otherwise agreed upon by cooperative members and LCB staff.
(5) If a person or persons seeking to register the cooperative fails to meet the requirements of a registered cooperative as provided in this section, the LCB will deny the cooperative registration.
(6) If the LCB finds a registered cooperative violated the requirements of this section, the LCB will revoke the cooperative's registration.
(7) A person may request an administrative hearing to contest a denial of registration, nonrenewal, or a revocation of a cooperative's registration under this section as provided in chapter 34.05 RCW.

Wash. Admin. Code § 314-55-410

Adopted by WSR 16-11-110, Filed 5/18/2016, effective 6/18/2016
Amended by WSR 16-19-102, Filed 9/21/2016, effective 10/22/2016
Amended by WSR 18-22-055, Filed 10/31/2018, effective 12/1/2018
Amended by WSR 22-14-111, Filed 7/6/2022, effective 8/6/2022
Amended by WSR 24-16-064, Filed 7/31/2024, effective 8/31/2024