(1) The board may conduct controlled purchase programs to determine whether:
(a) A cannabis retailer is unlawfully selling cannabis to persons under the age of twenty-one;
(b) A cannabis retailer holding a medical cannabis endorsement is selling to persons under the age of eighteen or selling to persons between the ages of eighteen and twenty-one who do not hold valid recognition cards; or
(c) A cooperative organized under RCW 69.51A.250 is permitting a person under the age of twenty-one to participate.
(2) Every person under the age of twenty-one years who purchases or attempts to purchase cannabis is guilty of a violation of this section. This section does not apply to:
(a) Persons between the ages of eighteen and twenty-one who hold valid recognition cards and purchase cannabis at a cannabis retail outlet holding a medical cannabis endorsement;
(b) Persons between the ages of eighteen and twenty-one years who are participating in a controlled purchase program authorized by the board under rules adopted by the board. Violations occurring under a private, controlled purchase program authorized by the board may not be used for criminal or administrative prosecution.
(3) A cannabis retailer who conducts an in-house controlled purchase program authorized under this section shall provide his or her employees a written description of the employer's in-house controlled purchase program. The written description must include notice of actions an employer may take as a consequence of an employee's failure to comply with company policies regarding the sale of cannabis during an in-house controlled purchase program.
(4) An in-house controlled purchase program authorized under this section shall be for the purposes of employee training and employer self-compliance checks. A cannabis retailer may not terminate an employee solely for a first-time failure to comply with company policies regarding the sale of cannabis during an in-house controlled purchase program authorized under this section.
(5) Every person between the ages of eighteen and twenty-one who is convicted of a violation of this section is guilty of a misdemeanor punishable as provided by RCW 9A.20.021.