Washington Agency Proposes Air-Quality Exemption for Marijuana Packaging and Storage

Washington’s Puget Sound Clean Air Agency is proposing an explicit exemption from air-quality construction approval requirements for certain marijuana handling activities, including packaging and storage.

The agency’s Board of Directors will hold public hearings on September 24 beginning at 8:45 a.m. Pacific Time to consider the changes, which are part of a broader update to its air-pollution regulations.

Under the proposal, equipment used exclusively to grind, blend, package or store marijuana would be added to an existing exemption covering products such as tea, cocoa, coffee and dried flowers. The exemption would apply only when no organic solvents are used in the process.

Qualifying operations would not need to submit a Notice of Construction application or obtain an Order of Approval, provided they maintain sufficient records documenting their eligibility and meet the rule’s other conditions.

In a staff report, the agency said it recently became aware of several businesses that simply transfer marijuana from larger containers into smaller packages. That activity alone does not generate emissions warranting construction review, according to the report.

The agency also said marijuana storage at retail stores has not historically been subject to that approval process, although the existing rules do not clearly identify an applicable exemption.

The proposed amendment would clarify those activities’ status. Marijuana production, processing and extraction operations would continue to face approval requirements, according to agency staff.

The public can attend the hearings through Zoom or at the agency’s office at 1904 Third Avenue, Suite 105, in Seattle.

Written comments on the exemption proposal will be accepted through September 25 at 4:30 p.m. Pacific Time and can be emailed to RegUpdates@pscleanair.gov.