Marijuana Business Self-Policing

One of my clients committed an administrative violation last week. It wasn’t on purpose, and it was basically harmless, but their actions violated Washington’s rules for marijuana retailers. They asked me for advice, and I told them the advice I give almost everyone in the same situation — get out in front and self report. I wrote the same thing a year ago.

But when I was checking up on the violation category and standard penalties, I noticed something notable about the rules. Washington doesn’t actually list self-reporting of an administrative violation as a mitigating factor in determining violation penalties. Washington only lists a fewbroad mitigating factors:

  • “[D]emonstrated business policies and/or practices that reduce the risk of future violations,”
  • “Having a signed acknowledgment of the business’ responsible handling and sales policies on file for each employee,” and
  • “Having an employee training plan that includes annual training on marijuana laws.”
  • ...
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