WA Legislature - Update
(April 9, 2025)

WA Legislature - Update (April 9, 2025) - Takeaways

Production union legislation was advanced before the Tuesday cutoff and a new bill aimed to further increase costs for concentrates containing more than 35% THC in the most regressively taxed regulated market.

Here are some observations of the Washington State Legislature (WA Legislature) for Wednesday April 9th, the 87th day of the 2025 regular session.

My top 3 takeaways:

  • On Tuesday, legislation to authorize unionization of plant-touching cannabis workers was rubber stamped by the majority in the Washington State Senate Ways and Means Committee (WA Senate WM).
    • HB 1141 - Cannabis Production Unions
      • Majority Caucus Chair Lillian Ortiz-Self introduced legislation in the House to establish collective bargaining rights for cannabis “agricultural workers.”
      • During the hearing on Saturday April 5th, proponents acknowledged the bill was one of their highest priorities.  Opponents questioned the balance of legislation strongly desired by labor interests and democratic leadership which further antagonized the agricultural industry against cannabis.  A representative from the Cannabis Alliance signed in “Other” pointed out the difficulty of protecting cannabis “agricultural workers” in law whilst retaining the explicit statutory exclusion of cannabis work from the rights and benefits accorded other agricultural commodities.
        • In 2014, legislators passed SB 6505, “Delaying the use of existing tax preferences by the marijuana industry to ensure a regulated and safe transition to the controlled and legal marijuana market in Washington” which established that “The terms ‘agriculture,’ [‘agricultural product,’] ‘farming,’ ‘horticulture,’ ‘horticultural,’ and ‘horticultural product’ may not be construed to include or relate to cannabis, useable cannabis, or cannabis-infused products…”
      • No amendments were published and members made quick work of the legislation without discussion, the majority advancing the bill in a strictly partisan voice vote.  HB 1141 was reported during the pro forma floor session at the close of business on Tuesday and referred to the Washington State Senate Rules Committee (WA Senate RULE).
  • Representative Lauren Davis planned to introduce legislation on Wednesday seeking to increase the 37% excise tax on “high THC cannabis products” to 50% of the retail sales price.
    • HB 2075 - THC Excise Tax
      • On Wednesday April 8th—the day after the Opposite House Fiscal Committee Cutoff which occasioned the end of regularly scheduled standing committee meetings—Davis staged the introduction of legislation which would impose an additional 13% excise tax on cannabis concentrates and usable cannabis labeled as containing more than 35% tetrahydrocannabinol (THC).  Cannabis-infused products were not swept up into the proposed revision.
        • See the bill text for more details.
        • At publication time, Washington state retained the ignominious honor of imposing the highest taxation on cannabis consumers of any jurisdiction which had legalized cannabis - by far.  Excise taxes on cannabis were considered both a regressive tax and a sin tax, but were favored by prevention and public health interests as a means of measurably adjusting or suppressing legal market participation.
          • Unfortunately, illicit market participation remained difficult if not impossible to quantify, home growing remained illegal in Washington state with the exception of patients, and hemp products remained easily accessible online for interstate delivery.
        • Policy which would discourage legal market participation amongst those who could no longer afford to—or abide—paying more than half of a product’s retail sales price into State and local coffers should be examined closely.
          • Attempts to suppress demand with fiscal strategies do not eliminate demand, calling into question whether the predictable outcome of pushing some consumers out of the legal market was known and deemed acceptable.
      • The legislation was planned for referral to the Washington State House Finance Committee (WA House FIN) for consideration.
    • The draft introduction report in the Senate for Wednesday April 9th did not appear to include any cannabis-related legislation.
  • On Wednesday following the last committee cutoff, legislators would focus on floor activity for the remainder of the regular session periodically replenishing second reading calendars with bills pulled from chamber rules committees.
    • 9am: WA House - Session
      • [ TVW - Morning, TVW - Afternoon, TVW - Evening ]
      • At publication time, two bills were positioned for floor activity in the House.
        • SB 5167 - Operating Budget and Supplemental Operating Budget
          • On April 3rd, senators refused to concur with House changes to the operating budgets and requested a conference committee be formed.  At publication time, representatives had yet to formally accept the conference request.
        • SB 5403 - Cannabis Retail Financial Interest
    • 10am: WA Senate - Session
    • 5pm: WA Senate RULE - Committee Meeting [ Event Details ]
      • According to the announcement, members would have the opportunity to vote to calendar a package of bills selected by leadership in addition to being granted one member pull.
      • At publication time, three cannabis-related bills were available for calendaring:
        • HB 1141 - Cannabis Production Unions
        • HB 1347 - WSLCB Lab Certification Authority
        • HB 1551 - Social Equity Program Evaluation