The Washington State Liquor and Hashish Board (“WSLCB”) announced this Wednesday, January 18, that the 30 day window to use for a Washington Social Fairness In Hashish Retail License will open March 1, 2023.
The WSLCB will reissue 44 retail licenses to certified candidates that rank the best on a factors scale to “prioritize” candidates. The licenses shall be anchored to particular counties. As a refresher, we’ve been following the developments in Washington’s efforts so as to add Section 570 to Washington Annotated Code (“WAC”) Title 314-55 from the draft guidelines and their points, the ultimate (and unchanged) rule, and the just lately launched, somewhat unhelpful Disproportionately Impacted Space (“DIA”) mapping instrument.
The license software course of shall be accomplished electronically on the WA Division of Income’s enterprise licensing system, although it isn’t at present out there on the DOR’s web site.
Washington social fairness hashish license eligibility standards
To qualify for a license and earlier than being ranked in keeping with the purpose system, an applicant have to be a Washington resident, should personal no less than 51% of every social fairness retail enterprise, and the individual or individuals proudly owning the enterprise should meet no less than two of the next {qualifications}:
- the applicant has lived in a DIA in WA for at least 5 years between 1980 and 2010;
- the applicant or a member of the family of the applicant has been arrested or convicted of a hashish offense; or
- the applicant’s family revenue within the 12 months previous to submitting the appliance was lower than the median family revenue inside the state of Washington.
Whereas it isn’t listed particularly as a qualification, candidates should additionally submit a “social fairness plan” describing how they’ll meet social fairness targets, “applicant’s private or household historical past with the prison justice system, together with any offenses involving hashish” and a “marketing strategy involving partnerships or help to organizations or residents with connections or contributions to populations with a historical past of excessive charges of enforcement of hashish prohibition.” WAC 314-55-570(h)((i).
RCW 69.50.335 defines Social fairness targets as “(i) growing the variety of marijuana retailer licenses held by social fairness candidates from disproportionately impacted areas; and (ii) decreasing amassed hurt suffered by people, households, and native areas topic to extreme impacts from the historic software and enforcement of marijuana prohibition legal guidelines.” Having a social fairness plan will affect eligibility and rating so it is necessary for candidates to place the time in to create one.
Washington social fairness hashish license scoring rubric
As soon as discovered eligible in keeping with the factors above, candidates are ranked so as of precedence primarily based on a scoring system.
| Eligibility necessities | Level Scale |
| 1. Lived in a disproportionately impacted space (DIA) | 40 |
| 1a. How lengthy have you ever lived in a DIA?
5y-10y = 10 factors 10+ years = 20 factors |
40 |
| 2. Convicted of a drug offense? (Self) | 10 |
| 2a. Convicted of a hashish offense? (Self) | 40 |
| 3. Convicted of a drug offense? (Household) | 5 |
| 3a. Convicted of a hashish offense? (Household) | 5 |
| 4. If you happen to had been convicted of a hashish offense, what kind of sentence did you obtain:
Positive = 10 factors Served probation = 20 factors Confined to house = 40 factors Served time in jail or jail = 80 factors |
80 |
| 5. Did you or your member of the family’s incarceration preserve you from getting employment? | 5 |
| 6. Did you lose your private home or capacity to buy a house or lease a house on account of your convictions or arrests? | 5 |
| 7. Is your family revenue lower than the median family revenue inside the state of Washington as calculated by america Census Bureau? | 40 |
| 8. Did you personal or function a medical hashish dispensary or collective backyard, licensed as a enterprise, previous to July 1, 2016 (10 factors)?
Or Did you personal and function a medical hashish dispensary or collective backyard licensed as a enterprise in a DIA (30 factors)? |
10
30 in DIA |
| 9. Have you ever held or do you at present maintain 51 % majority/controlling curiosity of a state hashish (marijuana) retailer license?
No = 10 factors Sure = 0 factors |
10 |
| TOTAL POINTS (out of 310) |
Washington social fairness license restrictions
If a license is be granted, there are license restrictions Washington social fairness hashish candidates ought to learn about. The extra heavy-handed (and pointless) restrictions are:
- No possession modifications to the appliance are allowed after it has been reviewed;
- No change of location exterior of the county wherein the license is initially issued;
- No license switch or assumption is allowed inside the first 12 months of issuance and all social fairness licenses might solely be transferred or assumed by an individual or individuals who meet the definition of a social fairness program applicant for five years from the date the license is authorised.
These restrictions dramatically cut back the transferability of a social fairness license, that are exhausting to switch as it’s. As we wrote on this concern final 12 months “Many licensees will construct their companies into affluent enterprises and this rule knee-caps their capacity to promote them within the already extremely (and unnecessarily) restricted WA market.” The eligibility and rating standards have their very own points, however the license restrictions are solely going to harm licensees–the very folks the rule is meant to serve.
Nonetheless ?
Candidates who’re eager about making use of for these licenses can discover sure informational supplies on the WSLCB website and attend a couple of upcoming webinars. This course of could also be made extra complicated by the presumably of lawsuits being filed to problem sure features of the rule. If that occurs, it may freeze or complicate the appliance course of so staying updated with developments from the WSLCB shall be necessary. As ordinary, we will even be writing about them right here.