Washington’s ban on home growing puts the state at odds with most others that have legalized recreational pot use. Of those 15 states, at least 10 allow home growing, including Oregon, Vermont, Nevada, California and Colorado. Last fall, voters in South Dakota, Arizona and Montana also approved ballot measures that legalized growing marijuana at home.
Other states that have legalized recreational cannabis already allow home growing, but Washington does not.
He added that most people won’t choose to cultivate cannabis at home, simply because “growing it is hard, and the product is readily available in stores.”
For one, the measure would create a new civil infraction for anyone who grows marijuana in public view, or whose marijuana production can be “readily smelled” by neighbors or passersby. Those offenses could result in a $50 fine, but wouldn’t go on someone’s criminal record.
Under Washington state law, qualified medical cannabis patients can already grow a limited amount of marijuana plants. But for nonpatients, growing marijuana at home is a class C felony, punishable by up to five years in prison, a fine of up to $10,000, or both.
State Rep. Shelley Kloba, D-Kirkland, called Washington’s ban on home growing of cannabis “an antiquated policy.”
“We also, of course, have great concern over the exposure to children,” McMahon added at a Jan. 15 public hearing.
“What I often hear is conflation of large-scale illicit activity with what we are actually advocating for here, which is legalizing six-plant, noncommercial home gardens,” Kingsbury said.
A bipartisan group of legislators is proposing a bill that would let adults 21 and over grow cannabis plants at home for recreational use.
“I don’t see this having a significant impact on the state budget,” said state Rep. Drew MacEwen, R-Union, who is co-sponsoring the measure.
As things stand now, many customers simply go for whatever pot product is cheapest and has the highest level of THC, the psychoactive component in marijuana, she said.
Lara Kaminsky, co-founder of the Cannabis Alliance, said she thinks allowing marijuana home growing will actually be good for the cannabis industry in Washington state. She said it could create a market for greater variety in cannabis products, much as homebrewing and microbreweries did for the beer industry.
But it’s not clear that the state’s tax collections would be hurt by allowing people to grow marijuana at home.
As before, selling homegrown cannabis to another person would not be allowed. Landlords could also restrict renters from growing marijuana on their property, if they choose.
She said many of the fears associated with allowing home growing — that it would fuel illegal activity, or create neighborhoods that constantly reek of weed — haven’t come to pass in other states.
Timothy Nadreau, a research economist at Washington State University, said he studied how allowing marijuana home growing would affect state revenue. He concluded that cannabis tax collections would most likely continue to increase if HB 1019 passed, in part because home growing could boost people’s interest in cannabis products.
Last year, the bill died in the House Appropriations Committee, which reviews budget-related measures.
More than eight years after Washington voters legalized recreational cannabis, some state lawmakers say it’s past time to let people grow their own pot at home.
Growing cannabis in Washington is not legal in most cases. As with many things cannabis, though, further explanation is needed because there are some exceptions.
Unfortunately, Washington state is already home to a saturated cannabis market. As such, the Washington State Liquor and Cannabis Board is not currently accepting applications for new retailers, processors, or producers.
Your average 21+ year-old is not permitted to grow weed plants in their backyard or hallway closet. In fact, cultivating marijuana for personal use is prohibited in the state. This is a surprise to many out-of-state visitors who come from other legal states where home cultivation is permitted under certain terms.
Growing cannabis in Washington is not legal…usually.
Our vision is to contribute to the cannabis space by continuing to challenge ourselves every day and bring inspiration and innovation to this industry. We are achieving this every day by blending the most advanced growing techniques with state-of-the-art technology and bringing our customers the best products.
From Bodhi: Our Mission is supported by our business and cultural foundation: “To Produce Premium Products that Awaken Your Senses ” This reinforces our holistic mindedness and our intention to influence community growth; we dedicate ourselves to co-creating our world through intentional choices that are shaped by our strong foundation and are the very genesis of our work.
Permission to grow up to six plants only applies to medical patients who have opted into the voluntary medical marijuana database. The database protects medical users against the threat of arrest and also allows for tax-free purchases and access to more potent products.
Frustrated that you have to stop by our Spokane dispensary, Bellingham pot shop, or other stores to pick up your goods? If you know you have a green thumb and wish you could cultivate marijuana, you’re not alone. In fact, there’s a growing push to allow adults over 21 to grow their own cannabis in Washington. Until then, you’ll have to stick to buying weed at a dispensary.
So who are the exceptions? Medical marijuana consumers and licensed cultivators can grow cannabis in Washington state.
Washington state has had the luxury of legal recreational cannabis since the beginning of the recreational industry in 2012. Nearly a decade later and there are still many questions regarding the rules. We often hear people ask “is growing cannabis in Washington legal?” when visiting one of our Washington dispensary locations.
Piece of Mind Cannabis partners with the best growers in Washington.
We think it’s only a matter of time before personal-use cannabis cultivation is legal in Washington. Don’t get your hopes up just yet, though. We’ve seen the topic brought up and dismissed again and again since Washington legalized recreational weed in 2012.
Let’s take a look.
If growing you own Cannabis isn’t going to be happening anytime soon, or perhaps you’re months away from harvesting your own, check out some of our customers favorite Washington Cannabis brands!
Regardless, it is illegal to grow any amount of marijuana plants for personal use in Washington state. Doing so is a class C felony which is punishable by up to 5 years imprisonment and/or a fine of up to $10,000.
Why can’t I grow weed in Washington? What are the consequences?
All of our dispensaries (even our Alaska dispensary) pride themselves in sourcing the best products from the state. The growers we work with are well-versed in creating the best plants to create a variety of cannabis products.
Fire Cannabis is a brand under the Viva Cannabis group. Fire Cannabis produces flower, packs of both infused and non-infused pre-rolled joints, and a line of concentrates.
If you are a medical patient who is not enrolled in the state’s database, you can still grow up to four plants.
Medical marijuana patients in Washington state are permitted to grow up to six plants for medical use. If there are multiple qualified patients in one household, up to 15 plants are allowed.
Shelley Kloba, a member of the Washington House of Representatives, sponsored HB 1019. A spokesperson for Kloba said:
All employees on licensed premises must hold and properly display an employer-issued ID badge at all times while at work.
At bare minimum, your shop needs to install a video surveillance camera with a resolution of no less than 640×470 pixels, and the system needs to be Internet Protocol (IP) compatible. All cameras need to be running 24 hours a day and be able to identify any individuals on the premises and any individuals approaching any of the building’s entrance points at no less than 20 feet from the premises. Copies of all footage on the premises must be kept for at least 45 days. Perimeter fencing of all outdoor grows must be in the line of sight of the cameras. In areas where marijuana is grown, the cameras need to be able to identify an individual at all times. Lights, hoods, and other grow production items cannot obscure the camera’s view.
For more information on differences between an LLC and a corporation, click here .
Yes. You can hold up to three of one kind of license (such as three producer licenses).
If your business operates as a corporation, you will benefit from limited liability as well. The personal assets of shareholders who have purchased stock are usually only responsible for their own stock investments. The corporation, since it is considered its own separate business entity apart from shareholders and owners, is legally responsible for itself. Debts, etc. do not fall onto the shoulders of individuals, but rather onto the corporation as a whole, separate entity. A corporation’s corporate veil can also be pierced, so you need to take in the same considerations as with an LLC when deciding which entity is right for your cannabis business.
Originally, I-502 rules dictated that all financiers must be Washington residents, living in-state for at least three months. Legislative changes have relaxed somewhat since then. It’s possible to apply to the WSLCB to accept funds from an out-of-state financier. You’ll have to submit an Application for Additional Funding to the WSLCB and receive approval. Out-of-state financiers have to be US residents.
After you’ve obtained your marijuana producer license and gotten your grow shop in order, you should finally be ready to turn on the lights and let the weed grow.
The bottom line for your business plan: be as descriptive as possible.
We can serve as your Washington registered agent and receive all official mail and service of process, as well as keep you up to date on all that is required to keep your business entity active.
Counties and municipalities can also prohibit marijuana producers or processors in areas zoned for residential or rural use. Moses Lake, for example, limits producers and processors to specific industrial areas. Some Washington cities don’t allow marijuana businesses at all, including Leavenworth, Poulsbo, Pomeroy, Othello, and Richland.
No, but the state has allotted that only so many square feet may be used in growing marijuana. It has set the initial limit at two million square feet. The kind of producer license you have will determine how many square feet of space you can use to grow cannabis. The state has broken quantities down into three tiers:
No. While you can hold both producer and processor licenses, retail is always separate. You can’t hold a retailer license AND a producer or processor license.
One nice thing about growing marijuana (as opposed to selling it as a retailer) is that you don’t have to sweat finding the most convenient place for customers. In fact, for security purposes, an out-of-the-way location can be a bonus. This can make it a little easier to abide by the state’s zoning requirements.
What makes growing weed more difficult than other businesses is that entrepreneurs may be hard-pressed to find financing options through traditional methods. Due to federal banking restrictions, banks may not want to offer a small-business loan to a “risky” venture existing in federal gray area. As a result, you may need to seek out investors.
It’s not all bad news though—you can invest in or buy an already-licensed marijuana grow business. Over a thousand producer licenses have been issued in Washington to different types of businesses. Before investing in or buying a business, it’s important to understand and carefully consider the impact that a business’s entity type will have on your operations.
Can I give out free samples of my product?
Step 4: Choose a Business Entity.
Yes. Washington requires that you carry a commercial general liability insurance policy provided by a carrier with a rating of no less than A—Class VII. The WSLCB has to be listed as an additional insured on all of your general liability, umbrella, and excess insurance policies.
If you’re considering a sole proprietorship, realize that you personally will have unlimited liability. You are the business. There is no legal separation between you and your personal assets and the assets of your business. What this means for you is that you are personally responsible for all debts or actions on behalf of your business. Your assets are on the line in the case of a lawsuit or unpaid bills.
Your marijuana shop must meet the following security requirements, according to the I-502 rules:
Tier One: less than two thousand square feet. Tier Two: two thousand square feet to 10 thousand square feet. Tier Three: 10 thousand square feet to 30 thousand square feet.
Yes, but only to other licensees for the purpose of negotiating a sale. All samples given away must be logged into the traceability database. You can only give away 4 grams per month to any one licensee.
Washington has very particular rules about where you can legally produce marijuana. Even if you’re buying a business and keeping its current location, it’s important to keep current on the laws. You never know when you’ll want (or need) to upgrade your location.
Is there a limit on the number of marijuana producer licenses the WSLCB can issue?
Some counties and municipalities have permits just for the privilege of being a marijuana business. For example, the City of Kenmore charges $500 a year for their annual Marijuana Business License.
In a perfect world, you could start a brand new marijuana grow business and choose the business entity type that’s the best fit for you. Unfortunately, the WSLCB isn’t currently accepting applications for new marijuana producer licenses.
In July 2018, the fee dropped from $1480 to $1381. New applications aren’t currently being accepted, but if applications open again, note that there is also a nonrefundable application fee of $250.
Primarily, you need to be sure your grow location is located at least 1000 feet from any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or game arcade that allows minors to enter. As of June 2015, counties and municipalities have the right to enact an ordinance reducing the 1000 ft buffer to a minimum of 100 ft (with the exception of elementary schools, secondary schools and playgrounds). Olympia Ordinance 7046, for example, reduces the buffer zone in the state capital to 500 feet.
Local authorities will also be notified of where you plan to open up shop and have an opportunity to object. Also, you’ll need to make sure the location can meet the following specifications:
In order to get or maintain a marijuana producer license, the rules require that your grow shop has planned protocol for each of the following:
You’ll also need a description of the grow facility and an in-depth operation description, including how (and in what) the marijuana will be grown and the types of equipment, soils, and fertilizers you’ll use.
At a minimum, you need a security alarm system on all perimeter entry points and windows.