The Washington State House Commerce and Gaming Committee (WA House COG) considers issues relating to the regulation of commerce in alcohol, tobacco and cannabis, as well as issues relating to the regulation and oversight of gaming, including tribal compacts.
On Tuesday April 2nd, the House Commerce and Gaming Committee hosted an executive session on SB 5298, “Regarding labeling of marijuana products.”
- See details on the SB 5298's Senate policy committee public hearing and executive session. Engrossed Substitute SB 5298 (ESSB 5298) was passed by the full Senate with two amendments. In the House, the bill was referred to the Commerce and Gaming Committee which hosted a public hearing for the bill on March 19th.
- Committee Chair Derek Stanford withdrew amendment 5298-S.E AMH COG H2558.1 because its changes were incorporated into a different amendment (audio – 1m, video).
- Committee Counsel Kyle Raymond described two other amendments (audio – 2m, video). Amendment 5298-S.E AMH COG RAYM 029 from Representative Brandon Vick: Exempts drug and pharmaceutical products approved by the United State Food and Drug Administration (FDA) from the marijuana product labeling requirements in this section.
- Amendment 5298-S.E AMH COG RAYM 034 from Stanford: (1) Removes the requirement that a structure or function claim included on any Department of Health (DOH) compliant marijuana product label, or a claim that describes a product’s psychoactive effect included on any marijuana product label, be substantiated.
- (2) Requires a structure or function claim included on any DOH compliant marijuana product label, or a claim that describes a product’s psychoactive effect included on any marijuana product label, to include a disclaimer that states such claims: (a) have not been evaluated by the State of Washington; and (b) are not intended to diagnose, treat, cure, or prevent any disease.
- (3) Removes “relief” from the list of example marijuana product label terms that may be used to describe the product’s intended role in maintaining a structure or function of the body.
- Vick described his amendment to exempt FDA-approved products as “pretty simple.” Stanford agreed and said “it makes sense to leave pharmaceuticals that are already going through FDA alone.” The amendment was adopted by unanimous voice vote (audio – 1m, video).
- Next, the committee considered Stanford’s amendment. The Chair explained the new language would add “some requirements around disclaimers on labeling to make it clear that these claims have not been evaluated by the state of Washington and are not intended to diagnose, treat, cure, or prevent any disease.” Ranking Member Drew MacEwen agreed it would “conform it to other existing regulations at the federal and state level.” It was adopted by unanimous voice vote (audio – 1m, video).
- Considering the final bill, MacEwen said ESSB 5298 “goes a long way in helping the industry be able to properly inform its consumers of what can occur with their product.” Stanford echoed that the bill would “provide more information” to buyers and “help people with their choices.” The amended bill was passed by a unanimous roll call vote and referred to the House Rules Committee (audio – 2m, video).
Documents and Links
- SB 5298 – “Regarding labeling of marijuana products” (Do Pass)
- Original Bill Text (Jan 17, 2019)
- Senate Bill Report (Jan 29, 2019)
- Fiscal Note – WSLCB (Jan 29, 2019)
- Senate Labor and Commerce Committee – Public Hearing (Jan 31, 2019)
- Senate Labor and Commerce Committee – Executive Session (Feb 20, 2019)
- Senate Bill Report (Feb 20, 2019)
- Substitute Bill Text (Feb 22, 2019)
- Senate Floor Activity (March 4, 2019)
- Engrossed Substitute Bill Text
- WSLCB Bill Analysis – Licensing (Mar 18, 2019)
- House Bill Analysis (Mar 19, 2019)
- House Commerce and Gaming Committee – Public Hearing (Mar 19, 2019)
- House Commerce and Gaming Committee – Executive Session (Apr 2, 2019)
- House Bill Report (Apr 2, 2019)