By Darren Smith, Weekend Contributor
The Washington State Liquor Control Board (LCB), charged with administering the state’s legalized marijuana industry, has shown once again its detachment from common sense and business acumen by increasing Initiative 502’s restrictions through crafting administrative rules that border on absurdity.
It is a small example of the duality of the LCB in how it proffers its desire to see windfalls of tax receipts for the state but acts to suppress the same industry it extracts these taxes from.
There are two parts to what has led to this bizarre set of administrative constraints of marijuana advertising: the Washington Administrative Code (WAC) and the agency rules; and policies formulated by the LCB. To understand the process, it is helpful to read WAC 314-55-155 below.
Advertising
(1) Advertising by retail licensees. The LCB limits each retail licensed premises to one sign identifying the retail outlet by the licensee’s business name or trade name that is affixed or hanging in the windows or on the outside of the premises that is visible to the general public from the public right of way. The size of the sign is limited to sixteen hundred square inches.
(2) General. All marijuana advertising and labels of useable marijuana and marijuana-infused products sold in the state of Washington may not contain any statement or illustration that:
(a) Is false or misleading;
(b) Promotes over consumption;
(c) Represents the use of marijuana has curative or therapeutic effects;
(d) Depicts a child or other person under legal age to consume marijuana, or includes:
(i) Objects, such as toys, characters, or cartoon characters suggesting the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons under legal age to consume marijuana; or
(ii) Is designed in any manner that would be especially appealing to children or other persons under twenty-one years of age.
(3) No licensed marijuana producer, processor, or retailer shall place or maintain, or cause to be placed or maintained, an advertisement of marijuana, usable marijuana, or a marijuana-infused product in any form or through any medium whatsoever:
(a) Within one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, library, or a game arcade admission to which it is not restricted to persons aged twenty-one years or older;
(b) On or in a public transit vehicle or public transit shelter; or
(c) On or in a publicly owned or operated property.
(4) Giveaways, coupons, and distribution of branded merchandise are banned.
(5) All advertising must contain the following warnings:
(a) “This product has intoxicating effects and may be habit forming.”
(b) “Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug.”
(c) “There may be health risks associated with consumption of this product.” and
(d) “For use only by adults twenty-one and older. Keep out of the reach of children.”
Most of these advertisement rules do not significantly deviate from liquor and tobacco advertising, however the implementation and interpretation of these codes by the LCB is certainly cause for some confusion on behalf of licensees due to some rather contradictory policies leading to arbitrary enforcement.
From the LCB’s website, an insight into how the agency will enforce these rules gives pause to wonder what to expect. The agency does not seem to grasp the fact that marketing and advertising are an essential element of a successful business.
Starting from section (1) the WAC reads that recreational marijuana retailers are limited to one 1600 square inch sign on the premises. However, the LCB states that having an additional sign that directs visitors to the store, such as seen with drive-up restaurants with arrows, violates the signage requirement because this is advertising. But the LCB does not consider a common sign along with other retailers’ signs on a mall’s reader board to be advertising and therefore is exempt. Presumably, this can be larger than 1600 square inches.
Yet, the LCB states the marijuana retailer can use a billboard to advertise their business. The billboard may be across the street from their premises and can be as large as possible but the sign in front of the store must be only 1600 square inches. The sign can also have an arrow pointing to the retailer’s location, but an arrow sign inside the parking lot is not allowed.
The retailer cannot have more than one sign at the storefront. It cannot have two signs of 800 square inches. The store cannot have posters or logos of marijuana products in front of the building. It is ambiguous if the 1600 inch sign can have a store logo.
Retailers are prohibited from giving or selling promotional material such as t-shirts and pens with logos. But, the LCB states that logos on bongs and hash pipes are perfectly fine. The retailer may place their logo onto shopping bags but cannot hand out bumper stickers, yet they can furnish bars and taverns with beverage coasters advertising the marijuana retailer.
While the store cannot sell t-shirts with logos, employees may wear logos on their shirts.
The board states that a retailer may incorporate a separate business entity, perhaps next to their business, to sell these treacherous t-shirts, bumper stickers, and stuff, as long as they do not sell bongs and hash pipes. These cannot be co-mingled in the marijuana store.
The WAC prohibits a licensee from placing and maintaining advertising “[w]ithin one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, library, or a game arcade…” However, the LCB went to a new limit of what it considers to be “placing.”
Moving vehicles apparently now fall within this definition of placement at a location. The LCB states that vans and delivery vehicles having a retailer’s logo or other form of advertisement cannot travel as described within the 1000 foot limit of these areas where children frequent. Mobile advertisement signs fall into the same category somehow. So if a retailer has a store having only one roadway is out of luck if that street has a bus stop with a shelter.
Because of this restriction, if the retailer wished to have a delivery truck or vinyl advertisement on the side of their van, it would have to drive a rather circuitous route, avoiding all prohibited places such as schools, parks, bus stops, pinball arcades, etc.
Here’s a kind of delivery route any state legislature will certainly approve.
Yet, in another advertising space oddity, the LCB declared it would not enforce advertisement restrictions on newspapers as far as circulation is concerned. So, while a truck having a retailer’s logo may not drive past a school, the newspaper ad can be seen by students in the school library in the periodicals section. Plus, the newspaper delivery boy may effectively deliver marijuana ads to his grade school class.
To add another twist, the LCB states that the delivery trucks cannot have logos but the vinyl ads are “risky”.
The LCB declared that permitted advertisements may be freely made on the Internet. But, retailers should be careful to avoid social networking sites that might appeal to children, who of course, do not surf the Internet, or Facebook, either on their personal smartphones, at home, or in the school library.
The board also allows for direct marketing mailing to households and businesses, or by inclusion into newspapers. Apparently no impressionable children live at home.
Confused? Imagine being a new small business owner already racked with micromanagement by a state bureaucracy on top of trying to set up shop and make a profit–something proving increasingly elusive for marijuana retailers.
By Darren Smith
Source: Washington State Liquor Control Board
The views expressed in this posting are the author’s alone and not those of the blog, the host, or other weekend bloggers. As an open forum, weekend bloggers post independently without pre-approval or review. Content and any displays or art are solely their decision and responsibility.
Wow, barking dog. Cull out the weak and crazy… Stop the devolution?0
“The Jefferson quote above is perfect. We are blessed to have had such a deeply thoughtful group of Founders of our nation and Framers of our Constitution. It makes me think that there must have been a God.”
Do you tear up in these moments when you are so overwhelmed by our good fortune?
The Jefferson quote above is perfect. We are blessed to have had such a deeply thoughtful group of Founders of our nation and Framers of our Constitution. It makes me think that there must have been a God. Us dogs are not religious. But Jeso, what a great nation was founded here. Blessed with liberty but the liberty was fought for and the right folks won out.
Tank dog we don’t have a King and Queeny. Amen.
Uh….can we expect a Dershowitz/Epstein/Prince story soon?
I believe these 2 quotes sum up my sentiments quite well.
“Commercial shackles are generally unjust, oppressive, and impolitic.”
James Madison
“I would rather be exposed to the inconveniencies attending too much liberty than to those attending too small a degree of it.”- Thomas Jefferson
Funny how some folks here comment about how the govt. can screw up a wet dream in so many aspects of our lives but then go to another thread and are certain the govt. will do great doling out healthcare. Connect the dots.
Barkin Dog
Google Harry Enfield-The Self-Righteous Brothers. I know you will laugh.
Why not a Warning! Cigarette Smoking Is Dangerous. Hazad To Your Health. Does That Mean Anytihing To You? — Bob Marley opening lyrics to the song: Legalize Marijuana, right here in sweet Jamaica.
Its the only cure for glaucoma. hoo hooo hooo.
Soooo Leeegalize!
I think that governments should let people commit suicide by any means necessary. Let them snort heroin, inject it, meth, cyanide. Let them smoke all the tobacco they want to except around others. Why regulate suicide? Why not promote it? Cyanide capsules next to the condom machine in the rest room. Let the drink themselves to death on alcohol. Not drink and drive unless its on a private test course.
I did some Googling to find out more about the LCB and its members. The LCB consists of three members who are appointed by the governor for six year terms. Two of the three announced after the November elections that they are stepping down, including the current chair who has spent her career as a professional rent seeking lobbyist. Ironically, the other person who is stepping down will use his political connections as a state legislator prior to his board appointment to become a professional rent seeking lobbyist when he leaves the board. The third member who will remain is Ruthann Kurose. She apparently comes from a highly regarded family and serves on lots of pseudo-public boards, but an article I read about her published in the Northwest Asian Weekly used the words “activism” and “social justice” so frequently that I wanted to puke before I finished reading it.
So a shakeup to the board is coming. I could be wrong, but I’m going to assume until proven otherwise that the current three member board of rent seekers and left wing activists have screwed the thing up to such a degree that they need new blood to try sort things out. If you live in Washington, just hope the cronies the governor appoints do a better job than this motley crew has done.
Let me throw this out for consideration, since I have not seen this concept articulated yet. Is it possible that the restrictive efforts are purposefully designed to be a pain in the ass proposition by those that don’t like the concept of the law?
I think that is likely and that the folks that “won” the vote are either not sophisticated enough to see the back door aspect, or at this point are patient enough to let it work its way out of favor. It seems like there is probably a smoking gun somewhere, in which the plan is laid out, maybe as a veritable “talking points” type scenario.
There are a whole bunch of devious folks out there, on either side of an issue, who will fight for the sake of the fight. They are not interested in stepping back from the fight to get perspective, but trudge on like good soldiers. The majority of the population will follow along, so those (a minority) that fought for the conversion to legality must continue the effort.
They have been at it for decades, so if they did not anticipate the regulatory jungle that would sprout up, they no less must now recognize it and address it. (Let’s have hope that Colorado, with a bipartisan agreement to take the step in the first place, will be a better leader.)
From my limited perspective, I have seen some odd ball common law cases out of the state of Washington, so this behavior does not surprise. It seems as if the foundation of big money has some significant control in what goes on there, at a much higher level of obviousness, and it is generally accepted.
Any takers out there?
Gigi….it isn’t pot that’s at the root of the MS operating problem. Think LSD.
The problem is that the whole world is going to POT!
The state of Washington needn’t try to keep the children away from pot, they’ve probably already learned to smoke it, or eat it, from their parents who are pot enthusiasts.
I shudder to think that many of these Washington pot users are employed by Boeing and building airplanes that we will all be flying in. Can we now sue Microsoft for their incompetent computer programs because a pot user designed it? If I were a Washington law maker, I’d have each pot smoker put their name on the product for purchase, so some of us can avoid the purchase.
It would seem, having followed the pot, drug, war thing for the past fifty or so years, sometimes as a criminal and sometimes on hiatus that the intent of the law is to decriminalize a very controversial drug, not to promote its use. To flip from a world where one goes to jail to one where it’s ‘cool’, ‘smart’, or ‘cutting edge’ to smoke pot, overnight is not likely. Given the problems society has with drugs, alcohol, tobacco, and other freedoms it would appear naive to think that after decades of the abuse of the user by the society the society would promote the abuse of the drug by the user.
When one looks at the problems the US has in trying to figure out how to handle infinitely greater issues, it is quite understandable that the first moves regarding the legalization of pot will be very very careful ones, not really a big deal.
It’s legal, man what an incredible first step.
Wait a minute?
By the photo I assume this is another
Mario Cuomo thread?
Now the critiques? 😇
There is another rub to this whole Mary Jane thing. If you are a military retiree receiving pay, watch out. If you are a supplier, you are violating Federal Law and still subject to the Uniform Code of Military Justice. The Feds are considering such a case. The individual in Washington State is “eligible” for return to active duty……recall to a court martial. It takes the appropriate Secretary to do so. One could lose absolutely everything!!
I’m of the opinion that a tactic is in place or being developed which is akin to the cat knowing just how far the dog’s leash runs and then just sprawls and preens. The Seattle and nearby area is the dog. The rest of the State is the chain. The appeal of the MJ is the cat. Sure “you potheads got the law passed” now try to get to it. On the other hand….who said something akin to “the power to tax is the power to destroy.”
Curiouser and curiouser.
BTW … It’s either ” over” or “out” or a “Rodger over” or “Rodger out”
It’s a nails on blackboard thing. Right below the misuse of “I” and “me” with prepositions and objects of the verb “to be” and it’s conjugations.
“Yep”, it are getting more and more “difficulter” to listen to professors and journalists.
It sounds like the legislature and LCB have been smoking the product.
It’s on! Over and out.
To add another twist, the LCB states that the delivery trucks cannot have logos but the vinyl ads are “risky”.
The LCB declared that permitted advertisements may be freely made on the Internet. But, retailers should be careful to avoid social networking sites that might appeal to children, who of course, do not surf the Internet, or Facebook, either on their personal smartphones, at home, or in the school library.
The board also allows for direct marketing mailing to households and businesses, or by inclusion into newspapers. Apparently no impressionable children live at home.
okay – So, J Randolph Hearst Legacy lives on. I am sure that paper is NOT recycled paper. 😉