WA Senate - Session
(March 2, 2023)

Here are some observations from the Thursday March 2nd Washington State Senate (WA Senate) Session.

My top 3 takeaways:

• Senators considered an amendment to SB 5367, "Concerning the regulation of products containing THC," that removed definitions for hemp consumable products and defined “any product with any amount of tetrahydrocannabinol (THC)” as a cannabis item.
  • The Washington State Senate Labor and Commerce Committee (WA Senate LC) held a public hearing on the agency request bill from the Washington State Liquor and Cannabis Board (WSLCB) on January 30th and recommended a proposed substitute version on February 13th.
    • SB 5367 was then heard by the Washington State Senate Ways and Means Committee (WA Senate WM) on February 18th and further modified by committee members on February 23rd.
    • The Washington State Senate Rules Committee (WA Senate RULE) scheduled the bill for consideration by the full chamber on March 2nd.
  • Sponsoring Senator June Robinson moved that the bill proceed to second reading (audio - 1m, video) at which point Senator Ann Rivers moved for amendment S-2098.1 to join the bill (audio - <1m, video) which:
    • Amends the definition of "cannabis products" to include and bring under the regulatory authority of the [WSLCB], any product with any amount of [THC], rather than including any product with a THC concentration of more than 0.5 milligram of THC per unit and 1.5 milligrams of THC per package. Removes the definition of "hemp consumable" and related references since the previously defined "hemp consumable" is now a "cannabis product."

• Several senators spoke in support of Senator Ann Rivers’ amendment, echoing concerns raised in hearings about those under 21 having access to items with any level of THC.
  • Rivers described the work of previous legislatures to “create a harmonized cannabis system that would follow closely the tenets of the Cole Memorandum” and “do our level best to keep cannabis products out of the hands of children.” However, she believed authorities had been caught unaware that hemp products “could actually be treated in such a way that they would produce the THC found in the cannabis plant.” Rivers said this “crazy loophole” had resulted in a situation where “whatever little convenience store you go to, you can pick up products that actually…contain a significant amount of THC” (audio - 3m, video).
    • Arguing that for those “21 or over this is maybe not such a big deal,” but child access to products with any THC “actually flies in the face of the well regulated industry that we've put together.”
    • “The tweak that I'm making is that no amount of THC should be included in the products that are available. THC should be available only in regulated cannabis stores,” she stated. Finding it was a problem “if you consume enough of say a gummy bear; you're going to cop a buzz, that's just the way it works…even at the lower limit if you have enough…the ultimate outcome will be that you've just consumed THC and you will be mentally impaired from that.” Rivers believed “the impact will be magnified” for children.
    • “In our state if you wish to buy non-alcoholic beer you must be 21,” Rivers noted, “because there's still a little bit of alcohol in that.” Similarly, she felt “what we're saying here is it doesn't matter how much…THC is in a product. That product should only be sold in regulated cannabis stores.”
    • Hemp and cannabis plants have long been known to contain THC, with hemp largely defined in relation to the level of THC content. Completely removing THC from hemp extracts, or changing from ‘full-spectrum’ to ‘broad spectrum,’ involves expensive remediation technology, though the technology has often been geared toward reducing THC from a ‘hot’ amount exceeding 0.3% by dry weight, rather than total removal of any trace of THC.
    • Research suggests when items contain high ratios of cannabidiol (CBD) to THC that a psychoactive ‘high’ is less likely to occur. 
    • Rivers’ position and amendment were in line with what WSLCB leaders called an “an odd alignment of stakeholders” including cannabis association members and prevention groups.
  • Robinson remarked that Rivers “did an excellent job explaining the amendment and the underlying bill, and we agree” (audio - <1m, video).
  • WA Senate President Pro Tempore Karen Keiser, also WA Senate LC Chair, was similarly bullish on the change, feeling “we worked on this all last year and went round and around and around…but we have finally got this figured out and we know that THC has the capacity to have impairing outcomes, especially with children. And we must not allow THC to be in the hands of children when they go to…the gas station on the corner that should be in the regulated restricted markets” (audio - 1m, video).
  • Senator Curtis King observed “we have to do whatever we can to protect our children.” He suggested “these young people can go into these stores now and find these products unregulated. They look good. They probably taste good, but the impact is not what we want for our children” (audio - 1m, video).
  • There was no objection during the voice vote to add amendment S-2098.1 to the legislation (audio - <1m, video).

• After she moved SB 5367 to third reading and final passage, Senator June Robinson had some additional remarks before the WA Senate unanimously approved the bill (audio - 1m, video).
  • Robinson said the measure was “about keeping our communities safe” and “making sure our kids do not have access to…products that are impairing.” She believed that “with Senator Rivers’ amendment we now are saying that any product that contains THC must be sold in the regulated cannabis market.” Pleased to see progress on the issue, she hoped “we will be able to get this bill to the Governor's desk…I believe it's very important.” Robinson added that there had already been cases of minors “showing up in emergency rooms, and parents are calling poison control centers because there's just too easy access to these products.”
  • The bill was passed unanimously with all members present and was transmitted to the Washington State House of Representatives (WA House). The proposal would be introduced and likely assigned to the Washington State House Regulated Substances and Gaming Committee (WA House RSG, audio - 3m, video).