Washington’s Joints For Jabs program is proving challenging for marijuana retailers

The Washington State Liquor and Cannabis Board (WSLCB) recently attracted national attention for the launch of its Joints for Jabs promotion. The incentive program is designed to promote vaccination by allowing licensed marijuana dealers in Washington to provide free joints to adults who have been vaccinated at in-store clinics. The Joints for Jabs promotion received a glowing report in the New York Times and was featured extensively on national television networks such as ABC News.

Subsequent local coverage of Washington’s Joints for Jabs, such as an article by Seattle-based AP reporter Gene Johnson, shows that the program is going “flat”. This post will examine the issues that may be slowing Washington’s Joints for Jabs program and provide details on how Washington retailers might (possibly) be able to hand out free joints during these limited vaccine commercials.

Photo by Elsa Olofsson via Unsplash

Before you dive into the WSLCB’s Joints for Jabs program, it’s worth noting that this isn’t the country’s first Joints for Jabs program. As far as I can tell, the term Joint for Jabs comes from a Washington DC advocacy group called DC Marijuana Justice (DCMJ) who organized a joint giveaway at public vaccination sites across the city. DCMJ brought together home growers operating within the confines of DC’s marijuana laws to legally distribute free bags of cannabis to people who have received a vaccination.

RELATED: You Can Get A Free Joint If You Get Vaccinated in Washington State

The WSLCB’s Joint for Jabs program may have a name with the DCMJ PhD, but it’s a very different program. DCMJ is an advocacy group that organizes donations from local farmers. The WSLCB is a government agency that regulates cannabis, spirits, and tobacco. Unsurprisingly, the government agency’s program is a little more complicated and bureaucratic.

The WSLCB’s Joints for Jabs promotion was announced with some restrictive terms and conditions:

• Timed coordination. The Joints for Jabs program runs from June 7th to July 12th, 2021, a little over a month.
• Joints only. Retailers are only allowed to provide one pre-roll joint to a person who has received a vaccination dose. No other product may be given away.
• Retailers only. Only dealers are allowed to give away joints. Producers and processors cannot take part in the program. Retailers must wholesale the joints they wish to gift under the program, which means that manufacturers and processors cannot gift or donate joints to retailers who would then give those joints to vaccine recipients.
• records. Retailers are required to keep records of the products made available under this program.
• Age restriction. Only adults over twenty-one can receive a free joint. If a retailer operates an on-site vaccination clinic, the retailer must continue to ensure that minors do not enter retail stores.
• On–Site vaccinations only. Only those who have received a vaccination at a vaccine clinic in-store or on-site at the retail location are eligible for a free joint. The joint must be given at the same time as the vaccination and cannot be moved, moved or given at a later time.

According to Johnson’s article, licensed retailers find the requirement that only those who receive a vaccine locally receive a free joint is particularly challenging:

“Retailers told the state liquor and cannabis board during a meeting on Wednesday that many do not have the space to house a vaccine clinic. Some health care providers find it uncomfortable to set up a clinic on the premises of a marijuana store because they don’t want to jeopardize federal funds by participating in the distribution of an illegal drug. And the program is due to expire on July 12th – too early to offer a second shot to customers who might appear for a first shot in mid to late June. “

These restrictions – as is common with cannabis – are far stricter than similar permits the WSLCB provides for similar vaccine advertising with alcohol:

“Retailers also remorsefully found that the Liquor and Cannabis Board allowed breweries, wineries, and bars to offer a free drink to customers who only provided proof of vaccination – no on-site clinic required.”

The on-site restriction is a major sticking point. Retail marijuana stores are generally small businesses. They are designed so that people can come in, make a choice, and buy cannabis. They are not designed to accommodate vaccinations.

Photo from the National Cancer Institute via Unsplash

In addition, simply finding healthcare providers to provide vaccinations is a challenge. In general, retail store workers are not healthcare professionals who can deliver vaccines. Health organizations like hospitals and universities are reluctant to join the Joints for Jabs program because marijuana is still illegal at the federal level.

Retailers interested in participating in the Jabs for Joints promotion can contact the Washington State Department of Health (DOH) by completing the “Checklist and Guidelines for Off-Site Vaccination Clinics” form and emailing covid.vaccine@doh. send wa. reg. The DOH also offers vaccine administration resources including a vaccine administration FAQ / planning resources page on its website. The Center for Disease Control also provides resources for setting up a vaccine clinic. At least one Seattle-based retailer has set up a Joint for Jabs program, with Uncle Ike hosting a vaccine site on June 16, 2021.

If you’re a Washington retailer looking to host a vaccine clinic under the Joints for Jabs program, you can discuss this matter further by making a call with one of our Washington lawyers.