WA Legislature - Update
(April 2, 2025)

WA Legislature - Update (April 2, 2025) - Takeaways

Five cannabis-related bills were advanced on Tuesday but two were left behind as the Opposite House Policy Committee Cutoff encroached at close of business on Wednesday.

Here are some observations of the Washington State Legislature (WA Legislature) for Wednesday April 2nd, the 80th day of the 2025 regular session.

My top 4 takeaways:

  • On Tuesday, the Washington State Senate Labor and Commerce Committee (WA Senate LC) advanced three cannabis-related bills ahead of the Opposite House Policy Committee Cutoff on Wednesday - but skipped over legislation directing development of data dashboards at the Washington State Liquor and Cannabis Board (WSLCB).
    • HB 1551 - Social Equity Program Evaluation
      • See the bill text, bill report, and fiscal note for more details.
      • There were no amendments on the legislation.  Ranking Member Curtis King voiced his disappointment that the original ten year duration for the program which he had agreed to was being extended to 12 as he called for votes against the bill.
      • Chair Rebecca Saldaña appreciated the clarification provided to the Washington State Department of Commerce in the bill regarding continuation of the technical assistance program and granted floor amendments could be possible regarding the timeline extension.
      • Members advanced the legislation out of committee in a strictly partisan vote and recommended referral to the Washington State Senate Rules Committee (WA Senate RULE) for calendaring.
    • HB 1347 - WSLCB Lab Certification Authority
      • See the bill text, bill report, and fiscal note for more details.
      • There were no amendments on the legislation.  Saldaña acknowledged having received a potential amendment which advocates had mentioned during the public hearing the day before but claimed it was received too late for consideration.  She suggested a floor amendment was possible if proponents came to agreement with the Washington State Liquor and Cannabis Board (WSLCB) on potential language.
      • Members advanced the legislation out of committee with only Senator Mark Schoesler voting against recommendation.  The bill was staged for referral to WA Senate RULE for calendaring.
    • HB 1141 - Cannabis Production Unions
      • See the bill text, bill report, and fiscal note for more details.
      • Late on Monday night, amendment S-2598.1 by Ranking Member Curtis King was published and described as having the following effects:
        • “(1) Specifies that exclusive bargaining representative elections be done by secret ballot.
        • “(2) Removes the provisions allowing for cross-check to determine the exclusive bargaining representative of a bargaining unit.”
      • King motioned for inclusion of his amendment which had been repeatedly requested by agricultural interests from the first hearing on the bill.  Saldaña noted that secret ballots imposed a requirement on workers to travel to a location to register their position, whereas the bill as written did not prescribe or prohibit in-person voting.  The amendment was not adopted.
      • The legislation was advanced in a strictly partisan vote and the bill was staged for referral to the Washington State Senate Ways and Means Committee (WA Senate WM).
        • In the House, the legislation was allowed to bypass fiscal committee consideration even though a partial fiscal note was available before the policy committee executive session projecting biennial expenses around $200K.
    • HB 1066 - WSLCB Data Dashboard
    • Tuesday was the last scheduled meeting of WA Senate LC during the 2025 regular session, therefore rendering HB 1066 effectively inactive.
  • Also on Tuesday, the Washington State House Consumer Protection and Business Committee (WA House CPB) substantially amended two cannabis-related bills before recommending passage - but the buffer zone bill was abandoned.
    • SB 5206 - Cannabis Retailer Advertising
      • See the previous bill text, bill analysis, and fiscal note for more details.
      • Late on Monday night, amendment H-2079.3 by WA House CPB Chair Amy Walen was published and described as having the following effects:
        • “Requires the four authorized cannabis-related advertising signs that are either affixed on the building of the licensed cannabis retailer's location or hanging in the window of the licensed cannabis retailer's location, to all be on the side of the building with the main entrance. Limits the additional trade name signs to a maximum of two trade name signs, instead of providing that the maximum number of trade name signs is to be determined by the city, town, or county in which the licensed cannabis retailer is located. Specifies that one of the two trade name signs may be a double-sided sign, such as a pylon sign or monolith sign. A double-sided sign that contains identical content on each side is considered to be one trade name sign.”
        • During the WA House CPB public hearing on the legislation on Wednesday March 26th, Walen indicated the compromise amendment between cannabis sector and prevention interests was essential to movement of the bill.
      • On Tuesday, Walen introduced her amendment as having met the needs of the prevention community and “most” cannabis sector stakeholders.  Deputy Minority Leader Chris Corry endorsed the amendment which was adopted in a voice vote.
      • Members advanced the legislation in a unanimous vote with Representative Jeremie Dufault excused.  Given anticipated fiscal impacts, it was likely the bill would be referred to the Washington State House Appropriations Committee (WA House APP) for consideration.
    • SB 5403 - Cannabis Retail Financial Interest
      • See the previous bill text, bill analysis, and fiscal note for more details.
      • Late on Monday night, amendment CLOD 357 by Representative Kristine Reeves was published and described as having the following effects.
        • “Adds that the proposed prohibition on retail cannabis licensees entering into certain agreements that confer a financial interest across more than five retail cannabis licenses applies whether or not payment is exchanged. Modifies the proposed definition of a ‘financial interest’ for purposes of the prohibition as follows:
          • “changes ‘negotiating or coordinating purchases of cannabis products’ to any assistance, coordination, or recommendation for the purchase of cannabis products whereupon pricing is coordinated or discounted;
          • “adds the common use of intellectual property assets such as branding, trade names, logos, social media accounts, and websites;
          • “adds any operational support for typical day-to-day business operations, including core business or executive functions of the retail cannabis license;
          • “changes ‘sharing marketing and advertising costs’ to any sharing or coordination of marketing and advertising efforts or expenses; and
          • “changes ‘sharing employment and hiring decisions’ to any coordinated sharing of employment or hiring decisions, including the shared employment of individuals.”
      • On Tuesday, Reeves introduced her amendment as providing more specificity and clarity to the bill language.  Minority Caucus Chair Peter Abbarno supported the underlying bill language but opposed the change as he anticipated unexpected consequences.  Abbarno seemed conflicted about “retroactive” impacts on businesses operating under historically approved management agreements which could be found to be illegal once the new law was effective should those contracts come up for review or renewal.  The amendment was adopted in a voice vote.
      • The legislation was advanced in an 11-3-1 vote and would likely be referred to the Washington State House Rules Committee (WA House RUL) for calendaring as no fiscal impacts had been identified.
    • SB 5758 - Social Equity Buffer Zones
      • See the bill text, bill analysis, and fiscal note for more details.
      • On Wednesday March 26th, the previously planned executive session on the legislation was deferred during the committee meeting without explanation.  On Monday March 31st, a second potential executive session on the bill was added to the agenda of the committee meeting on Tuesday.
      • On Monday March 24th, Representative Cindy Ryu published amendment H-2009.1 which would establish a buffer zone measurement process in statute aligned with procedures in the alcohol space and overriding the ambiguous point-to-point measurement WSLCB staff established in rule.  Her amendment had the potential to reshape the geography of all cannabis retail in Washington state, not just social equity licensed businesses.
      • On Monday March 31st, Ryu published a second amendment, H-2099.1, which was described as having the following effects:
        • “Reduces the minimum distance from 1,000 feet to 750 feet between a premises proposed to be licensed as a cannabis producer, processor, retailer, researcher, or transportation licensee and all the facilities identified in statute such as elementary or secondary schools, playgrounds, recreation centers, and other facilities. Prohibits local governments from requiring a greater distance than the 750 feet. Makes an exception to a 1,000 feet restriction to the placement or maintenance of cannabis advertising, in order to allow otherwise permissible signs and advertising when cannabis licensees are lawfully licensed within the 1,000 feet.”
      • During the staff briefing on Tuesday, Ryu signaled her intention to withdraw her initial amendment from consideration.  On return from caucus, Walen stated that the committee would not be considering SB 5758.
    • WA House CPB was also scheduled to convene on Wednesday April 2nd at 1:30pm, their last opportunity to advance bills before the Opposite House Policy Committee Cutoff on Wednesday.  At publication time, SB 5758 had not been added to the agenda.
  • There were no introductions of cannabis-related legislation on Tuesday, and none staged for Wednesday.
    • The draft introduction reports in the House and the Senate for Wednesday April 2nd did not appear to include any cannabis-related legislation.
  • Wednesday would occasion the Opposite House Policy Committee Cutoff and two cannabis-related bills were unlikely to make it through the gateway.
    • 3:30pm: WA Senate RULE - Committee Meeting [ Event Details ]
      • According to the announcement, members would have the opportunity to vote on a consent package of legislation in addition to being granted one member pull.
      • At publication time, two gubernatorial appointment confirmations had been referred to WA Senate RULE but were not eligible for calendaring on Wednesday.
    • COB: WA Legislature - Opposite House Policy Committee Cutoff
      • To continue being advanced, legislation must be heard, have an executive session scheduled, then be potentially amended, debated, recommended, and reported by a policy committee before the fourth cutoff gateway of the 2025 regular session.
        • There are exceptions.  Legislation can be designated “necessary to implement budgets” (NTIB) by chamber leaders to exempt it from the regular rules of order, loosely interpreted to mean a bill was projected to have a measurable fiscal impact.
      • Two cannabis-related bills appeared unlikely to be advanced prior to the cutoff and would effectively be rendered inactive for the remainder of the 2025 regular session:
      • After Wednesday, fiscal committees would take up referred legislation for consideration before the Opposite House Fiscal Committee Cutoff at close of business on Tuesday April 8th.