Tag Archives: Cole memo

Home grown: WA State Liquor and Cannabis Board presents 3 options for “home grows”

Published November 30, 2017 / by bde / Leave a Comment
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On Nov 29, the LCB released the results from a new study to assess the feasibility of allowing WA state residents to cultivate and grow their own personal cannabis. I’m 100% in support of allowing “home grows” and look forward to the day I can grow my own personal stash and establish my own line of genetics.

More details from LCB here: https://lcb.wa.gov/marj/homegrow-study

Direct link to download the report [PDF]: https://lcb.wa.gov/sites/default/files/publications/WSLCB%20Home%20Grows%20Study%20Report%20FINAL.PDF

After a VERY quick scan, here are my initial takeaways.

TL:DR: LCB presented 3 options to the state legislature to consider regarding home grows:

  1. State control — LCB enforcement/oversight
  2. Local control — LCB writes rules/statues, local city/county enforcement/oversight
  3. Prohibit recreational home grows.

This report now goes to the state legislature for consideration. Bottom line: It’s going to cost a lot of $$$$ to enforce any kind of home grow system to be able to stand up to the Cole memo. Option #1 is likely to put an additional strain (and cost burden) on LCB, likely requiring additional state funding sources/taxes). Option #2 would present the same challenges to local city/county authorities tasked with enforcement if Option 2 is chosen. Option 3 would be a huge disappointment.

Here is the text of the three options. The full report contains a LOT more detail and I suggest you read the full 15 pages. If you have an opinion on this and want to make your voice heard, I highly suggest you contact the LCB and your local state legislators and share your thoughts.

LCB Contact info: https://lcb.wa.gov/contact

WA State Legislator Contact info: https://app.leg.wa.gov/memberemail/

–BDE

PS – To the cannabis industry IG fam…maybe take a minute and instead of spending it trying to capture that perfect selfie or dab shot to post on Instagram, and instead, find out who your state / city /county officials are and let them know what you think. Just a suggestion from an OG.

Three Options presented below by LCB in their report/study released Nov 29, 2017:

Option 1 – Tightly Regulated Recreational Home Grows – State Framework

  • 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 other than already legally sanctioned medical marijuana home growing.
  • Require tracking of all plants in the traceability system to help prevent diversion.
  • Limit of no more than four 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 Statute 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.
  • Require a permit to possess plants. Absent a permit, growing marijuana for any purpose is illegal other than already legally sanctioned medical marijuana home grows.
  • Limit of no more than four 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).
  • Allow local jurisdictions to “opt‐in” for or “opt‐out” of allowing recreational home grows.

Option 3 – Prohibit Recreational Home Grows

  • Do not allow recreational home grows. Maintain current status.
  • A regulated system 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.