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legal to grow marijuana in washington

Legal to grow marijuana in washington

The measure has been introduced several times in the past, but has stalled. Kloba thinks that the number of states that have recently embraced home growing builds the case for Washington to do the same.

State Rep. Shelley Kloba, D-Kirkland, called Washington’s ban on home growing of cannabis “an antiquated policy.”

A bipartisan group of legislators is proposing a bill that would let adults 21 and over grow cannabis plants at home for recreational use.

Still, some new provisions have been added to the bill this year to try to address public safety and nuisance concerns.

“What I often hear is conflation of large-scale illicit activity with what we are actually advocating for here, which is legalizing six-plant, noncommercial home gardens,” Kingsbury said.

Not exactly. The licenses themselves aren’t transferable assets—a business can’t buy or sell a license to another business. You can, however, purchase a business entity that holds a license. When investing in or buying an already-licensed business, be sure to file a Change in Governing People, Percentage Owned and/or Stock/Unit Ownership form ($75) with the WSLCB. You may also have to submit forms (which vary depending on business entity) to the Secretary of State indicating changes in governors and owners.

If you are operating an LLC, there is limited liability. This means that your personal assets are generally protected in case your LLC were to be sued or fall under any other financial or legal burden. It’s usually only the assets of your LLC that would be at risk, not yours personally. However, the corporate veil can be pierced and your assets can be at risk with poor business habits. For instance, if you were to put a personal dinner on your business account, or buy a big screen TV under your company’s name and take it home, this would give a plaintiff a foothold in coming after your personal assets. So with an LLC, your personal assets are protected, but it is not ironclad, bullet-proof protection.

You must keep extensive record of all inventories and upload records in the state’s database. The following needs to be kept completely up-to-date in the system:

If I have a producer license, how much weed can I have on my premises at any given time?

Counties and municipalities can also prohibit marijuana producers or processors in areas zoned for residential or rural use. Moses Lake, for example, limits producers and processors to specific industrial areas. Some Washington cities don’t allow marijuana businesses at all, including Leavenworth, Poulsbo, Pomeroy, Othello, and Richland.

You have to be at least 21 years old and have been a Washington resident for at least 6 months. Business entities (like LLCs and corporations) can also hold licenses, but the entity must have been formed in Washington and all members in the business must have been residents for at least 6 months. All licensees have to maintain their residency for as long as they hold their licenses.

Who can hold a Washington marijuana producer license?

In order to get or maintain a marijuana producer license, the rules require that your grow shop has planned protocol for each of the following:

If your business operates as a corporation, you will benefit from limited liability as well. The personal assets of shareholders who have purchased stock are usually only responsible for their own stock investments. The corporation, since it is considered its own separate business entity apart from shareholders and owners, is legally responsible for itself. Debts, etc. do not fall onto the shoulders of individuals, but rather onto the corporation as a whole, separate entity. A corporation’s corporate veil can also be pierced, so you need to take in the same considerations as with an LLC when deciding which entity is right for your cannabis business.

The requirements to get an Initiative to the Legislature certified for the 2021 ballot:

The Prohibit Marijuana Cultivation, Processing, and Sales in Residential Zones Measure (#1117, 1123) was not on the ballot in Washington as an Initiative to the Legislature, a type of indirect initiated state statute, on November 2, 2021.

This initiative would have prohibited the cultivation, processing, and sales of marijuana in areas zoned as residential. [1] [2]

On its website, Cannabis Not Nextdoor argued, “The State of Washington has legalized the use and sale of marijuana, and safety became a concern for many residents. The common complaint is the use of residential zoned homes for growing marijuana on a large scale. The homes that grow marijuana are not in compliance with the regulations of the Liquor and Cannabis Board. This illegal activity is often hard to detect due to the theft of electricity and water.” [3]

Path to the ballot

In Washington, the number of signatures required to qualify an indirectly initiated state statute—called an Initiative to the Legislature in Washington—for the ballot is equal to 8 percent of the votes cast for the office of governor at the last regular gubernatorial election. Initial filings for indirect initiatives cannot be made more than 10 months before the regular session at which their proposal would be presented to lawmakers. Signatures must be submitted at least 10 days prior to the beginning of the legislative session in the year of the targeted election.

Cannabis Not Nextdoor/Cannabis Crime-Shredder sponsored the measure.

The secretary of state verifies the signatures using a random sample method. If the sample indicates that the measure has sufficient signatures, the measure is certified to appear before the legislature. If the legislature does not approve the measure, it is certified to appear on the ballot. However, if the sample indicates that the measure has insufficient signatures, every signature is checked. Under Washington law, a random sample result may not invalidate a petition.

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