PDFWAC 314-55-097
Cannabis waste disposal and sales—Liquids and solids.
(1) Solid and liquid wastes generated during cannabis production and processing must be stored, managed, and disposed of in accordance with applicable state and local laws and regulations.
For purposes of this section, "sellable cannabis waste" means solid waste generated during cannabis production or processing that has a THC concentration of 0.3 percent or less and not designated dangerous or hazardous. Sellable cannabis waste does not include "hemp" or "industrial hemp," as defined in RCW 15.140.020. A portion of a cannabis plant that has a THC concentration greater than 0.3 percent is considered cannabis under RCW 69.50.101.
(2) Wastewater generated during cannabis production and processing must be disposed of in compliance with applicable state and local laws and regulations.
(3) Cannabis licensees and certified laboratories must evaluate cannabis waste consistent with chapters 70A.300 RCW and 173-303 WAC to determine if the cannabis waste is designated as dangerous or hazardous as defined in those chapters.
(a) If a licensee or certified laboratory generates waste that is not designated as dangerous or hazardous waste, then that waste is subject to the cannabis waste management standards set forth in this section.
(i) Waste that must be evaluated to determine if it is dangerous or hazardous includes, but is not limited to, the following:
(A) Waste from cannabis flowers, trim and solid plant material used to create an extract (per WAC 314-55-104).
(B) Waste solvents used in the cannabis process (per WAC 314-55-104).
(C) Discarded plant waste, spent solvents and laboratory wastes from any cannabis processing or quality assurance testing.
(D) Cannabis extract that fails to meet quality testing.
(ii) A cannabis plant, useable cannabis, cannabis plant roots, trim, and other plant material is not considered dangerous or hazardous waste as defined under chapter 70A.300 RCW or 173-303 WAC unless it has been treated or contaminated with a solvent.
(b) Cannabis waste that is designated as dangerous or hazardous as defined in chapter 70A.300 RCW or 173-303 WAC must be stored, managed, and disposed of consistent with chapters 70A.300 RCW and 173-303 WAC.
(4) Cannabis waste that is not designated as dangerous or hazardous waste as defined in chapter 70A.300 RCW or 173-303 WAC and is not sold as provided in this section must be rendered unusable before leaving the licensed premises or certified laboratory.
(a) The process for rendering cannabis waste unusable must involve grinding the waste and mixing it with other ground materials so that the resulting mixture is at least 50 percent noncannabis waste by volume. Other methods to render cannabis waste unusable may be proposed but must receive prior approval from the LCB before implementation. Acceptable materials for mixing with cannabis waste include, but are not limited to, the following:
(i) Compostable mixed waste, such as food waste, yard waste, vegetable greases or oils, or other compostable materials approved by the LCB;
(ii) Noncompostable mixed waste, with materials such as paper waste, plastic waste, cardboard waste, or other noncompostable materials approved by the LCB.
(b) Once rendered unusable, cannabis waste may, subject to approval by the local authority, be disposed of at a permitted solid waste facility, including composting facilities, anaerobic digesters, landfills, or incinerators. Compliance with (b) of this subsection may be accomplished by managing cannabis waste rendered unusable on-site by the licensee or certified laboratory in accordance with the standards of chapter 173-350 WAC.
(c) Licensees must maintain records documenting the final destination and method of all cannabis waste rendered unusable in the required format.
(5) Sellable cannabis waste may be sold by the producer or processor to a person who is not a licensed cannabis business under the following conditions:
(a) The cannabis licensee must report the intended sale to the WSDA prior to completion of the sale;
(b) The cannabis licensee must notify the LCB of the intended sale prior to completion of the sale in the format specified by the board;
(c) The report includes at least the following information:
(i) The quantity of sellable cannabis waste;
(ii) The sale price; and
(iii) The name and contact information of the buyer;
(d) The sale of sellable cannabis waste must be conducted in a manner that is open and accessible to all members of the public without discrimination; and
(e) The cannabis waste will not leave the state of Washington as part of the sale or delivery.
(6) Sellable cannabis waste may be sold by the producer or processor to another producer or processor under the following conditions:
(a) Both the purchasing and selling cannabis licensees must notify the LCB of the intended sale in the format specified by the board;
(b) The notice to the board must include the following:
(i) The quantity of sellable cannabis waste;
(ii) The sale price; and
(iii) The intended use of the sellable cannabis waste.
(7)(a) The LCB may conduct inspections and audits to ensure compliance with this section.
(b) Licensees found in violation of these rules may be subject to penalties.
(c) Licensees are responsible for keeping accurate and complete records of all sellable cannabis waste sales. Licensees and certified laboratories are responsible for keeping accurate and complete records of all evaluations, rendering, and disposal activities.
(d) All required records must be made available to the LCB upon request.
(e) All required records must be kept consistent with the requirements in WAC 314-55-087.
(8) Cannabis waste rendered unusable following the method described in this rule can be disposed of.
(a) Disposal of the cannabis waste rendered unusable may be delivered to a permitted solid waste facility for final disposition. Examples of acceptable permitted solid waste facilities include:
(i) Compostable mixed waste: Compost, anaerobic digester, or other facility with approval of the jurisdictional health department.
(ii) Noncompostable mixed waste: Landfill, incinerator, or other facility with approval of the jurisdictional health department.
(b) Disposal of the cannabis waste rendered unusable may be managed on-site by the licensee or certified laboratory in accordance with the standards of chapter 173-350 WAC.
[Statutory Authority: RCW 69.50.342, 69.50.3255, and 2024 c 243. WSR 25-07-049, s 314-55-097, filed 3/12/25, effective 4/12/25. Statutory Authority: RCW 69.50.342 and 2022 c 16 § 168. WSR 22-14-111, § 314-55-097, filed 7/6/22, effective 8/6/22. Statutory Authority: RCW 69.50.325, 69.50.342, 69.50.345, and 69.50.369. WSR 18-22-055, § 314-55-097, filed 10/31/18, effective 12/1/18. Statutory Authority: RCW 69.50.342 and 69.50.345. WSR 16-11-110, § 314-55-097, filed 5/18/16, effective 6/18/16; WSR 15-11-107, § 314-55-097, filed 5/20/15, effective 6/20/15. Statutory Authority: RCW 69.50.325, 69.50.331, 69.50.342, 69.50.345. WSR 13-21-104, § 314-55-097, filed 10/21/13, effective 11/21/13.]