Washington Legislature Sends Governor Inslee a Bill to Allow the Sale of Marijuana Waste

Washington’s full legislature has approved a bill to allow licensed cannabis producers and processor “to sell specified solid waste generated during cannabis production or processing”.

Cannabis waste.

Senate Bill 5376 was given final passage today through the Senate in a unanimous 48 to 0 vote. The measure passed the full House of Representatives on February 29 by a vote of 94 to 2. The measure was filed in January, 2023 by Senator Derek Stanford (D) with cosponsors Senators Anna Rivers (R), Karen Keiser (D), Rebecca Saldana (D) and Claire Wilson (D).

The measure states that “A licensed cannabis producer and a licensed cannabis processor may sell cannabis waste to a person not licensed by LCB if:

  • the cannabis waste would not be designated as dangerous or hazardous waste under the HWMA and any relevant rules adopted by Ecology and cannabis waste disposal rules adopted by LCB; and

  • the licensee notifies LCB and the Washington State Department of Agriculture before the sale, including in the notice, the quantity, sale price, and name of the person or entity that purchased the cannabis waste”

Cannabis waste not sold in accordance with relevant laws “must be rendered unusable before leaving a licensed producer, processor, or laboratory.” The measure states that the Liquor and Cannabis Control Board “may adopt rules to implement the bill.”

The measure defines cannabis waste as “solid waste generated during cannabis production or processing that has a THC concentration of 0.3 percent or less, and does not include hemp or industrial hemp.”

An amendment made during the committee process states that “Nothing prohibits cannabis producers
and processors from selling cannabis waste to a person who is not licensed by the LCB if certain requirements for the transfer are satisfied.”

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