Pesticide Enforcement
Only pesticides listed in the Pesticide Information Center OnLine (PICOL) Database (I-502 section) are allowable for use on cannabis (WAC 314–55–084). The LCB takes the use of unauthorized pesticides on cannabis very seriously. Keeping pesticide-contaminated cannabis out of the hands of consumers is a vital public safety role of the agency.
LCB officers have been conducting pesticide investigations and enforcement since 2015. LCB’s chemists have recently expanded their role to provide expertise with interpreting laboratory reports and assist with officer’s investigations.
Unfortunately, many of our investigations have revealed the presence and/or use of unauthorized pesticides, resulting in large-scale seizures and other enforcement actions.
Since the inception of LCB’s Pesticide Enforcement Program, the agency has partnered with the Washington State Department of Agriculture (WSDA) to inform best practices for pesticide sample collection methods and investigations. Samples collected by LCB employees are sent to WSDA’s laboratory for analysis. LCB and WSDA are currently working together to purchase additional laboratory equipment to help speed up the testing process.
Due to the public safety implications of illegal pesticide use, pesticide investigations take priority status. LCB’s pesticide investigations are informed by the following types of data: random sampling, investigatory sampling, and quality control (QC) sampling results found in the Cannabis Central Reporting System (CCRS).
Random Sampling
LCB compliance consultants conduct random sampling at cannabis producer facilities in an effort to proactively monitor pesticide use. A list of producers located throughout the state is randomly generated for product sampling. The random sampling list is not informed by pesticide complaints or a licensee’s pesticide violation history. If WSDA’s laboratory analysis reveals the presence of unauthorized pesticides in these random samples that exceed the pesticide action levels prescribed in WAC 314–55–108, the information is forwarded to LCB officers for further investigation.
Investigatory Sampling
When the LCB receives complaints alleging illegal pesticide use, or otherwise has reason to believe a producer may be applying unauthorized pesticides, LCB officers perform an inspection of the producer location, and secure samples from a cross-section of all cannabis at the licensed facility, including plants, harvested material, processed material, concentrates, etc. Soil, water and container samples are also sometimes taken. Additionally, investigating officers review pesticides stored on-site to verify that no unauthorized pesticides are being stored at the licensed facility. Pesticide application records are also reviewed. If laboratory testing reports reveal the presence of unauthorized pesticides on cannabis, the affected product is seized by officers for destruction. The producer may also be subject to administrative violation penalties.
Quality Control Sampling Data in CCRS
Starting in April 2022, pesticide analysis is required as part of the representative sample quality control (QC) testing. These samples are collected by licensees and submitted to LCB certified laboratories for analysis. QC sampling is required before cannabis products can be sold to cannabis retailers. This is a new stream of pesticide data for LCB that further increases consumer protection.
Many of the “super fails” identified by the LCB relate to the use of unauthorized pesticides. LCB does not allow for remediation of cannabis that fails QC testing for unauthorized pesticides. LCB chemists forward QC pesticide failures to LCB officers for investigation. There are two primary objectives with the QC pesticide investigations:
The first objective is to ensure that all of the affected product (exceeding pesticide action levels) associated with the QC samples is identified and seized/destroyed. If the affected product has not already been destroyed by a cannabis licensee, LCB officers witness the destruction of the product, or seize the product to be held in evidence to prevent it from entering the marketplace or being diverted to the illicit market.
The second objective is to verify that the remaining product at the cannabis producer’s facility is not affected by unauthorized pesticides. This requires a full investigatory sampling of a producer’s plants and product for pesticide analysis.
For additional information on cannabis pesticide enforcement, please reach out to the LCB’s Enforcement and Education Division at cannabisenf@lcb.wa.gov.
