WA Legislature - Update
(April 15, 2025)

WA Legislature - Update (April 15, 2025) - Takeaways

The producer unions legislation was passed, a new medical cannabis program expansion bill was staged for introduction, and time was running out for three bills ahead of cutoff Wednesday.

Here are some observations of the Washington State Legislature (WA Legislature) for Tuesday April 15th, the 93rd day of the 2025 regular session.

My top 3 takeaways:

  • On Monday, the Washington State Senate (WA Senate) passed HB 1141 extending collective bargaining rights to cannabis “agricultural workers,” the second cannabis-related bill passed by the Legislature in 2025.
    • HB 1141 - Cannabis Production Unions
      • Majority Caucus Chair Lillian Ortiz-Self introduced the legislation in the House.
      • On Wednesday January 15th—the third day of the 2025 regular session—the Washington State House Labor and Workplace Standards Committee (WA House LAWS) hosted a public hearing on the bill to enable plant-touching producer employees to organize and choose union representation.  During the public hearing, advocates claimed the bill may help worker conditions, but those opposed felt the cannabis sector was singled out.
      • On Wednesday January 22nd, the WA House LAWS advanced the legislation after adopting the prime sponsor’s substitute language while rejecting five amendments proposed by republican members.
      • Reported two days later on Friday January 24th and allowed to bypass fiscal committee consideration in the House despite a partial fiscal note projecting biennial expenses around $200K, the legislation wasn’t moved again until it was calendared on Monday March 10th - two days before the House of Origin Cutoff.
      • The next day on Tuesday March 11th, the Washington State House of Representatives (WA House) brought up the bill for consideration, changed it slightly while rejecting the same Republican amendments which had been presented in committee, and passed the legislation.  Ortiz-Self downplayed her bill as merely seeking to offer “parity” in representation for all cannabis production workers, emphasizing the legislation as amended could not be cited as precedent by those seeking similar rights for other agricultural workers.
      • The legislation was introduced in the Senate on Thursday March 13th.
      • On Tuesday March 25th, the Washington State Senate Labor and Commerce Committee (WA Senate LC) hosted a hearing on the House bill.  Supporters and opponents recounted similar and at times identical themes as offered during the public hearing in WA House LAWS.
      • On Monday March 31st, 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.”
      • On Tuesday April 1st during the executive session in WA Senate LC, King motioned for inclusion of his amendment which had been repeatedly requested by agricultural interests.  WA Senate LC Chair Rebecca 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 nor prohibit in-person voting.  The amendment was not adopted and the legislation was advanced in a strictly partisan vote.
      • The bill was reported and referred to the Washington State Senate Ways and Means Committee (WA Senate WM) on Wednesday April 2nd.
      • During the hearing in the WA Senate WM 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…”
      • On Tuesday April 8th—Opposite House Fiscal Committee Cutoff—no amendments were published and WA Senate WM 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 April 8th before the cutoff and referred to the Washington State Senate Rules Committee (WA Senate RULE).
      • On Wednesday April 9th—the very next day—HB 1141 was somewhat unusually included in the regular package of legislation selected by chamber leadership.  King spoke up to express his consternation “that there’s at least one bill on here that I think, it’s in our continual “let’s go after business thing”...that I take objection to because it’s an industry that’s struggling right now and this would just add to that struggle.”  Prompted by Senate President Denny Heck as to “what bill?” King said HB 1141.
      • On Friday April 11th, amendment S-3019.1 by King was published.  The language was identical to his amendment which was not adopted during the WA Senate LC executive session.
      • On Monday, HB 1141 was listed on the third order of consideration for the Senate floor session then brought up for its second and third reading.
        • The King amendment was again rejected.
        • In her remarks on final passage, Saldaña acknowledged workplaces within the cannabis sector had organized, but plant-touching workers were not represented as they were considered "agricultural workers."  She noted neither the National Labor Relations Board (NLRB) nor Washington State had procedures for agricultural workers to achieve representation or a contract, explaining the Washington State Public Employment Relations Commission (WA PERC) would be tasked with that responsibility (audio - 2m, video - TVW).
        • Claiming "this bill is not needed," King asked, "what makes them any different" from other agricultural workers who were prohibited from bargaining collectively, notably acknowledging cannabis was "what I consider an ag product."  He concluded that the bill was "poorly timed" because the sector was struggling, calling the legislation "one more nail” (audio - 1m, video - TVW).
        • WA Senate LC Vice Chair Steve Conway rose in support of the bill, acknowledging that workers who advocated for the legislation had tried to organize but encountered problems with their employer and had no legal recourse.  He said WA PERC would defend workers like them, allegedly a  small group, though he expressed hope others might become aware of their new rights and seek to exercise them (audio - 1m, video - TVW).
        • The legislation was passed on strictly partisan lines 29-20-0-0 with the exception of one Democrat:
      • As the legislation was not modified in the Senate, it became law subject to signatures by chamber leaders and subsequent consideration by the Governor.
  • A new cannabis-related bill which would substantially revise and expand the Washington State Department of Health (DOH) medical cannabis program was staged for introduction Tuesday.
    • HB 2078 - Medical Cannabis Program Expansion
      • Representative Shelly Kloba and Representative Sharon Wylie planned to introduce legislation to expand the medical cannabis program, opening up direct sales opportunities for processors; outfitting processors and health care professionals to register authorized patients; and enabling more medical cannabis consultants to operate.
      • An initial analysis of the legislation indicated the language proposed several thoughtful changes which would not only impact the medical cannabis program, but larger marketplace dynamics as well.
        • Licensed processors would be authorized to obtain a medical cannabis endorsement to provide direct sales of DOH compliant products including concentrates, usable cannabis, and cannabis-infused products to qualifying patients and designated providers at their licensed premise.
        • Licensed processors and “health care professionals” would be allowed to enter authorized patient information into the DOH patient database and issue recognition cards.
        • Medical cannabis consultants would be allowed to work remotely and could be employed by or volunteer with a licensed processor, a health care professional, or be self-employed.
      • The legislation was staged for referral to the Washington State House Consumer Protection and Business Committee (WA House CPB) where Kloba was a member.
        • While an argument could be made that the legislation could be revenue generating, more likely it was introduced in advance of sine die for discussion over the interim ahead of reintroduction in 2026.
    • The draft introduction report in the Senate for Tuesday April 15th did not appear to include any directly cannabis-related legislation.
  • On Tuesday, legislators planned to convene floor sessions in advance of the Opposite House Cutoff on Wednesday at 5pm PT; one cannabis-related bill and a gubernatorial appointment confirmation had been calendared in the Senate.