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Opening a Dispensary in Washington State

05 December, 2013

If I haven’t already told you, faithful followers, during this holiday season (and maybe a little beyond); I will be blogging only once a week. For those OCD types, for the next couple of weeks, I will blog on Mondays and later, after Christmas (I think), I will be blogging on Fridays. I am still in the middle of (what my darling daughter calls) New Relationship Bullshit. We still do everything together, go everywhere together; you know. At 57, I feel I should go with it. May not ever happen again…..

So last week, I promised that I would go through all my info and find out Washington State Dispensary laws. (We have already discussed California and Colorado. Check out last blog post.) And I have. Found a little good stuff. To tell you the truth, if I were going to attempt this in any state (even Colorado after New Year’s); I would get me a good attorney. I know in California there are Marijuana Attorneys. I imagine they are in every state by now. I would get a good one of those. Plus I would pay for the premium package. They do all the paperwork, everything. I want this to be LEGAL!! I do NOT want to lose all my money!

But anyway, for those of you brave ones, here goes….The NEW Washington State Dispensary Laws….

Initiative 502 is the one that allows for sale of Marijuana by retailers licensed by the Liquor Control Board. I-502 also allows for patients and caregivers to possess a 60 day supply which is defined by 15 plants (in any stage) and 24 ounces for personal use. Measure 692 is outlined below.

Washington Measure 692 allows for the legal possession, use, growing, and distribution of medical marijuana within Washington State. Patients who obtain a physician statement for medical marijuana (medical marijuana license) may legally possess up to twenty four (24) ounces of medical cannabis at any one time, use medical marijuana legally in their private residence, and obtain Washington cannabis from a certified primary caregiver. Washington medical marijuana patients may also, legally, grow up to fifteen (15) medical cannabis plants in their own private residence. Washington medical marijuana patients may not sell medical cannabis to other medical marijuana patients. A medical marijuana license does not guarantee immunity from workplace restriction on the use of medical marijuana; or housing restriction on the possession, growing, or use of medical cannabis. Driving under the influence of cannabis is prohibited under Washington Measure 692. Washington does not share reciprocity with other medical marijuana states. Potential Washington medical cannabis patients should consult with a physician, or medical cannabis registration company, to determine qualification to use medical marijuana in Washington State.

I, personally, am perplexed by the difference in federal and state laws. I mean, how can you tell me it’s legal to do something in my own home and then another completely different faction kicks in my front door? Just seems contradictory and another way for the government to interfere in my life. But I am looking into this…

Now, where were we? Oh yeah, we were opening a dispensary in Washington State. Where some of the saner rules state: you can’t sell within 1000 feet of where minors regularly spend time such as a school, library, or public park. There will be no fancy signage. And you will be taxed at 25%. The good news is that 25% will go for community programs.

So you rent the legal, proper storefront and figure, wow, I need insurance. But what kind of insurance should I get?

Well, all you legally need is liability insurance. That’s it. As Randy Simmons (implement manager for Washington’s marijuana initiative) put it, “We didn’t put a number in there. We’re kind of leaving it up to the business owner to figure out what level of coverage they needed”. (And, I’m back at my lawyer’s.) Plus there’s the question of whether insurance can even be sold to Marijuana distributors since it is still illegal under federal law. There is becoming a new trend of insurance especially for the Marijuana distributor. We will check into it in the future for what it exactly covers.

Whew, I’m exhausted, are you? We have rented our building. But only after the owner of the building checked with his lawyer to see if he would lose his building should there be a raid. And we have dropped by our insurance company to firm up any insurance we might need. What else do we need?

Oh yeah, we need to call the Health Department for permits. Or should we have done that first? Ok, I’m back at my lawyer’s AGAIN.

Seems to me, it still isn’t time. Not for the small guy ever to make it to the big time. The way I see it, the whole system is set up for the wealthy. IF you can get a decent, honest lawyer (a nephew, maybe?), and find a willing landlord, AND ???? Then you get all up and running and for some reason the feds kick in your door. I’m sorry, I think I’ll wait. Yeah, that’s what I’ll do. OBSERVE. Watch this whole thing go down. See if it is a TrainWreck….(YEAH, THAT’S A PUN!!)

And that’s this time’s ramblings. I am out of here til next week. Tonight is Sons of Anarchy and I am watching it at my best friend’s (and keeper of the expanded basic cable), Jason’s, house. So til then, faithful followers…..

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