New hemp law ushers in next era for industry

Kathy Davis
Communications

Action by the Washington Legislature this session is aimed at breathing new life into our state’s industrial hemp industry. 

As authorized by legislation signed on April 26, the Washington State Department of Agriculture (WSDA) will replace the industrial hemp research pilot begun in 2016 with a new commercial hemp licensing and regulatory program. 

Given hemp’s many potential uses, agricultural producers here have been seeking to expand production to compete with the many other U.S. states and countries around the world that legally grow and process hemp. 

The bill passed by the Legislature, E2SSB 5276, allows growing and processing hemp as a legal, agricultural product. The legislation requires that Washington’s program align with changes made in the 2018 federal farm bill, which removed hemp from the Controlled Substances Act. 

WSDA will continue the industrial hemp research pilot under the current rules, with three significant changes that take effect immediately under the new state bill:

• Eliminates requirement for a four-mile buffer zone between licensed hemp producers and licensed marijuana producers.  
• Allows licensed growers to acquire hemp seed directly, including from other states, without needing to use a Drug Enforcement Agency permit from WSDA. 
• Allows extraction of CBD (cannabinoid) from hemp for use in products such as oils, lotions, and tinctures. However, the federal Food and Drug Administration continues to prohibit adding CBD to food or beverages. 

WSDA will submit Washington’s state hemp plan to the U.S. Department of Agriculture, as required by the farm bill, once USDA has issued its guidance. WSDA will also begin drafting rules for the new program. 

Under that rule making, WSDA will establish a process to license hemp growers and set licensing fees that will sustain the program, as well as procedures to test hemp for THC levels (must be under 0.3 percent), conduct inspections, and enforce on violations. 

Currently licensed hemp growers and processors will now operate under the provisions of the new law. And WSDA has now begun processing license applications that the agency had put on hold. The licensing fee structure has not changed, but it will likely be addressed in upcoming rule making. 

The Legislature also provided a one-time appropriation of $212,000 to maintain current hemp program operations and transition to a new commercial hemp program. 

Hemp is an agricultural product with many uses. It is used as a source of fiber in textiles, rope, paper, and building materials. Hemp seed is also used for food, feed, and oil. The oil may be used in pharmaceuticals, cosmetics, inks, household detergents, and paints. The plants are also a source of livestock feed and bedding.

Email hemp@agr.wa.gov if you have questions or need more information.

Regulating marijuana infused edibles like food

Chris McGann
WSDA Communications

The THC infused caramel center for a
Wave Edibles chocolate turtle.

A marijuana-laced munchable might calm your nerves, help you sleep or ease your pain; it might even get you high, but it shouldn’t make you sick.

That’s the rationale guiding Washington State Department of Agriculture's Food Safety program marijuana infused edible (MIE) facility inspections.

WSDA has conducted MIE facility inspections since 2013 under Washington State Liquor and Cannabis Board (WSLCB) authority. But this year the agency took charge of food safety regulation for the pot industry, including the power to carry out enforcement and recalls.

WSDA Food Safety Inspectors Keren LaCourse and Jeff Freshly
observe operations at Db3 marijuana processing facility.   

A lot like food

At a recent inspection of Db3, a high tech marijuana extraction and production facility in South Seattle, WSDA NW Regional Food Safety Manager Keren LaCourse explained the criteria with Db3 co-founder Michael Devlin.

“It’s just like a food inspection, but it’s edibles,” said LaCourse. “We look at some of the same criteria that we could look for in a food processing establishment.”

WSDA evaluates things such as proper hygiene, sanitation, pest control, materials storage, and allergenic cross contact to name just a few items listed on a 53-point checklist.

Welcome news to some processors

Devlin said he was pleased to know that WSDA now has its own regulatory authority over marijuana infused edibles and that it will be more involved with the edible companies.

Db3 co-founder Michael Devlin and Operations Manager Lindsay
Short explain their THC extraction process and food handling
 practices during a WSDA facility inspection.  

He said it makes sense to hold marijuana infused edible producers to the same standards as food processors, with the same accountability.

A new view

When voters legalized it in 2012, Washington State’s main goals for marijuana regulation involved tax collection, preventing misuse and product safety. 

As such, tax regulation for marijuana fell to the Washington State Department of Revenue while marijuana production, processing and retail sale regulations became the purview of the WSLCB.

But it wasn’t long before regulators and producers recognized the importance of covering marijuana infused edibles the same as traditional foods where WSDA has full authority over food safety.

If it's edible, food safety matters

A single 10 mg "dose" of cannabis oil. Db3
uses a proprietary process to extract oil used
to infuse goodies like brownies with THC.

There is only a miniscule difference – a 10 mg dose of a difference to be exact – between a brownie and a brownie-shaped marijuana infused edible. Of course, that little dose can really change how that brownie might make you feel. But you could be in for another kind of experience if the rest of the ingredients, the flour, butter and eggs for example, are mishandled, contaminated or mislabeled. Call that feeling salmonella poisoning to name one common pathogen.

Delvin said Db3 was the first licensed edible company in the state. The firm makes Zoots Premium Cannabis Infusions products such as ZootBites Caramel Espresso Brownies. He said he supported the state's efforts to come up with stronger food safety requirements for the industry.

The irony

An engineer by training, Devlin has more than 30 years in the food processing field. He admits his embrace of new regulations is ironic.

“When I was working in food processing, I always believed that we were overregulated,” he said. “But when we started with edibles, it was obvious we needed the same rules as the other food producers.”

Devlin said his opinion changed because of the nature of the new cannabis industry where there may be some incentive to focus on the THC and neglect quality control for the edible in which it is delivered. If edibles producers compete at that level, they may be taking shortcuts that could increase the risk of making consumers sick, he said.

Protecting the public and the industry

Crafting delicious chocolates has always been a vocation for
 Wave Edibles Chocolatier Nola Wyse. But now she's using her
 skill set to create treats that include a perfectly balanced infusion
 of marijuana extract. 

His desire to enhance food safety regulations in the cannabis industry came partly out of what he described as a moral obligation to protect public health, and also economic concerns.

“If someone gets sick from an edible, people aren’t going to say it was salmonella, the story is going to be that someone got sick from a marijuana product,” Delvin said.

A perception that infused products are unsafe would hurt everyone, he said.

“We are founding participants in a new industry, that’s a responsibility and we don’t take that responsibility lightly,” he said. “We want the industry to be more concerned about food safety. We need to do it right.”

Edible endorsement

About 75 firms with WSLCB Marijuana Processor licenses have purchased the WSDA $895 MIE Endorsement required for making marijuana edibles in Washington state. WSDA inspects facilities within the 12 months of the endorsement purchase.

It is not legal to add MIE products under a Food Processor license, process MIE products at a facility that processes non-marijuana food products or process non-marijuana food products at a facility that produces MIE products.

For more information about food safety and marijuana infused edibles, visit WSDA's Marijuana Infused Edible Inspections page.

###

Testing reveals additional products used in marijuana production contain undeclared pesticides

Hector Castro
Communications

WSDA has updated its list of products containing undeclared pesticides, and removed one product that was previously on the list.

Inspectors with WSDA’s pesticide and fertilizer compliance programs have found several products commonly used in horticulture and hydroponics, including marijuana production, with undeclared pesticide chemical compounds in their ingredients.

WSDA issued several “stop sale” orders and Notices of Corrections to the manufacturers and the businesses selling the products, and partnered with the Washington Liquor and Cannabis Board to notify licensed marijuana production operations and retailers.

One product, SNS 217C All Natural Spider Mite Control Concentrate, was originally included on the list of stop sale items, but has been removed after further testing revealed the product did not contain pesticide ingredients.

Samples tested

Testing is being done on 39 product samples taken March 9 and 10 from four businesses in Clark and King counties. Results so far indicate 17 of the products contain pesticide ingredients not declared on the label.

WSDA is still awaiting results on one final product. The products identified as including undisclosed pesticides so far are:

1. Safergro Mildew Cure for Powdery Mildew Control
2. Humboldt Roots
3. Olivia’s Cloning Gel
4. Optic Foliar AT-AK
5. Optic Foliar Overgrow
6. Optic Foliar Switch
7. Rock Resinator Heavy Yields
8. Root 66 1-1-1
9. The Hammer
10. Frost Protection Plus
11. NPK Mighty Wash
12. OG Rapid Flower + Hardener
13. Pyyro K 0-3-7
14. Vita Grow Thunder Boom
15. SM 90
16. Ultimate Wash
17. Mega Wash

The notice and list of products found with undisclosed pesticides is posted on the agency’s Pesticide and Fertilizer Use on Marijuana in Washington web page and will be updated as additional test results become available.

Some products used in marijuana production fail to list pesticides

Hector Castro
Communications

Inspectors with WSDA’s pesticide and fertilizer compliance programs have found that 15 products commonly used in horticulture and hydroponics, including in marijuana production, contain undeclared pesticide chemical compounds in their ingredients.

An indoor marijuana production
operation in Washington.

As a result, WSDA has issued several “stop sale” orders and Notices of Corrections to the manufacturers and to the businesses that have been selling the products. WSDA will also work with the Washington Liquor and Cannabis Board on a joint notice to licensed marijuana production operations and retailers.

Samples tested 

On March 9 and 10, WSDA inspectors pulled 39 products from the shelves of four businesses in Clark and King counties to test them for the presence of pesticides. Testing has been completed on 27 of the products with more than half showing the presence of pesticides that were not declared on the label.

Two of the pesticide products are on the WSDA list of products allowed for use in marijuana production. However, their labels did not declare all the pesticide ingredients. Testing revealed both products contained pesticide ingredients not on the allowable use list. The products are now being removed from that list as a result of this testing.

The remaining 13 products tested were sold as fertilizers or plant washes, however, they were all found to contain pesticide ingredients. WSDA is awaiting results on another dozen products. The 15 products identified as including undisclosed pesticides include:

1. Safergro Mildew Cure for Powdery Mildew Control
2. SNS 217C All Natural Spider Mite Control Concentrate
3. Humboldt Roots
4. Olivia’s Cloning Gel
5. Optic Foliar AT-AK
6. Optic Foliar Overgrow
7. Optic Foliar Switch
8. Rock Resinator Heavy Yields
9. Root 66 1-1-1
10. The Hammer
11. Frost Protection Plus
12. NPK Mighty Wash
13. OG Rapid Flower + Hardener
14. Pyyro K 0-3-7
15. Vita Grow Thunder Boom

Next steps 

The manufacturers of these products will receive Notices of Correction in the coming days advising them of the test results and directing them to properly label their products so that all ingredients are disclosed. The “stop sale” notice will be mailed to the retail outlets where the products were found, directing them to stop distributing the products. Notification is also being sent to known wholesale distributors of these products.

The notice and list of products found with undisclosed pesticides is posted on the agency’s Pesticide and Fertilizer Use on Marijuana in Washington webpage.

In January, WSDA directed the removal of Guardian Mite Spray from store shelves after it, too, was found to include undisclosed pesticides among its ingredients.  Earlier this month, the Oregon Department of Agriculture issued a stop sale order for Mega Wash and Mighty Wash, two plant cleaners that were found to contain pesticides.

Worker protection guidance now available to marijuana growers

Joel Kangiser
Policy Assistant, Pesticide Management Division 

Indoor marijuana growing operation

 Much attention has focused recently on pesticides in marijuana, specifically on using only appropriate, allowed pesticides. At the same time, there’s emerging concern for the safety of employees who work around pesticides. Marijuana growers are as responsible as any other crop producer for protecting their employees from pesticides exposure. 

The Worker Protection Standard (WPS) has been around for more than 20 years. Conventional agriculture is well familiar with what most refer to as WPS. For Washington state’s newly legal marijuana industry, it’s a whole new arena. 

That’s why WSDA created a guide to specifically help marijuana growers understand and comply with the WPS requirements. These are not new rules created for the industry, but existing rules that apply to the marijuana industry as much as they do to any other growers.  

The Worker Protection Standard covers such things as: 

• Employee pesticide safety training.

  

  Agriculture worker receiving
  protective gear training

• Notification of pesticide applications.
• Decontamination supplies.
• Personal protective equipment requirements.
• Restrictions on entering pesticide-treated areas. 

WSDA is currently providing technical assistance to marijuana growers on the WPS requirements. Full enforcement can be expected down the road.

Even though the U.S. Environmental Protection Agency has not authorized pesticide use specifically for marijuana, EPA’s position is that WPS applies to marijuana growers. Complying with WPS represents good business practice for the industry and its employees. Furthermore, it is required by both state and federal law, applying to marijuana growers whenever they use pesticides labeled for agricultural use. 

We at WSDA encourage growers to read the new guide and call us at 360-902-2040 with any questions.

Tour of Lincoln County marijuana farm draws connections with WSDA

Erik Johansen

Pesticide Management Division

On a sunny September morning, I met with Tai Saito at Buddy Boy Farms, a marijuana farm located north of Reardan in Lincoln County. Tai is the warehouse manager at Buddy Boy.

I’d been helping answer some of Tai’s questions about what pesticides are allowed for use on marijuana. I’ve worked on developing criteria for these allowable pesticides and consulting with this new industry since legal recreational marijuana production and use was approved by Washington voters in 2012.

Tai let me stop by to see the farm and learn more about their operation. I met the farm owner, Steve Walser, and his daughter Galadriel, who were very open and welcoming.

In the outdoor growing area, I saw several different varieties of marijuana plants. The biggest was over ten feet tall. Steve also showed me some shorter varieties, including one with purple coloration. The plants were drip irrigated and looked very healthy.

Steve said they are growing about 20 varieties of marijuana, and they anticipate a good harvest this year. Last year they grew about 75 varieties, and had selected varieties best suited to their operation.

Steve’s enthusiasm was infectious – he encouraged me to smell each variety. It reminded me of visiting hop farms in Central Washington. The aroma of some varieties of marijuana buds is similar to hops. We toured several greenhouses full of healthy looking plants. A nursery of young marijuana plants will replace the plants ready for harvest.

In a packaging room were scales that had been certified by the WSDA Weights and Measures Program. Steve and Tai praised the Weights and Measures inspector, saying he had provided several helpful suggestions.

It was really helpful for me to see this farm, and gain a better understanding of how WSDA is working with marijuana growers and processors. See our Marijuana and Hemp Information Web page to learn more about WSDA’s role. Along with providing information on allowable pesticides and certifying scales, we inspect processing facilities making marijuana-infused edibles.