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Liquor and Cannabis Board denies petition to change medical-cannabis tax verification rule

Washington State Liquor and Cannabis Board · March 10, 2026
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Summary

The Washington State Liquor and Cannabis Board voted 2–0, with Chair Volendroff abstaining, to deny a petition asking the agency to amend WAC 314-55-090 on verifying patient recognition cards before granting a medical cannabis excise tax exemption.

The Washington State Liquor and Cannabis Board voted to deny a petition asking the agency to open rulemaking to clarify when retailers must verify medical cannabis patient recognition cards before applying a tax exemption.

Kevin Walder, policy and rules manager, presented the director’s office recommendation and told the board that existing provisions in WAC 314-55-090 and related training requirements already tie the exemption to a valid recognition card “that is in the database.” He said audits and recordkeeping requirements give the agency tools to hold licensees accountable but that current enforcement capacity limits proactive checks. “Short of some sort of real time electronic verification that allows the LCB to be notified of each tax exempt sale, amending the rule puts us in no better position to enforce the rule than currently,” Walder said.

Chair Volendroff said accepting a petition only opens the rulemaking process for broader input and does not guarantee a rule change, and that a record of stakeholder input could help if the issue arises at the Legislature in 2028. After discussion, one board member moved to deny the petition; another seconded. Chair Volendroff recorded that he would vote to accept the petition but abstained. The motion to deny carried with two votes in favor and one abstention.

The board asked staff and enforcement leadership to follow up, and members said they expect additional reporting on enforcement activity and education efforts before any further action.