The Week Ahead
(February 14, 2022)

House of Origin Cutoff - Three Bills

By Tuesday evening, most bills would need to be voted out of their house of origin to continue, but three important—and contentious—cannabis-related bills remained unmoved.

Here’s a look at cannabis-related policymaking events on the calendar in the week ahead.

Monday February 14th

WA House - Session

On Monday at 9am PT, the Washington State House of Representatives (WA House) planned to convene.

  • After working long hours over the weekend on Saturday and Sunday, representatives still had a number of bills to address on their floor calendar and many bills remained in the Washington State House Rules Committee (WA House RUL) awaiting a pull ahead of the house of origin cutoff on Tuesday at 5pm.
  • Two cannabis-related bills had already traversed the house and been introduced in the senate:
    • ⚕️⚖️ HB 1105 - Arrest Protections for All Medical Cannabis Patients; not just those voluntarily registered with the state
    • 🌱⚖️ HB 1210 - "marijuana" to "cannabis"
  • Late in the night on Saturday February 12th, two more cannabis-related bills were passed by the house without amendment:
    • 🔬 HB 1859 - Cannabis Testing Labs; WSDA/WSLCB request legislation to shift regulation of labs to the department of agriculture; creation of Interagency Coordination Team (ICT) w/ department of health (DOH)
    • 💰⚖️ HB 1827 - Community Reinvestment; directing cannabis revenue collected by the state towards addressing harms of the American drug wars and the generational economic implications thereof
  • At publication time, one cannabis-related bill remained on the house floor calendar but had not yet been addressed.
    • ⚗️ HB 1668 - WSLCB Cannabinoid Regulation, the vehicle to determine the future of synthesized cannabinoids in Washington state
      • One of the most contentious bills of 2022, the substitute and second substitute versions of HB 1668 had a total of 30 proposed amendments awaiting consideration on the house floor, evenly split between the two versions of the bill text. Four of the amendments were proposed by the prime sponsor, Shelley Kloba, while the remaining 26 were proposed by Assistant Minority Floor Leader Drew MacEwen, the ranking member on the Washington House Commerce and Gaming Committee (WA House COG) which Kloba chairs.
      • Several of MacEwen’s amendments were carried over from his attempts to amend the bill as it was passed out of the Washington State House Appropriations Committee (WA House APP) on February 7th. The other amendments were newly framed attempts to accomplish similar goals.
        • CLOD 168 and CLOD 170 would ambiguously declare “approved methods” for obtaining cannabinoids including “accelerated natural degradation,” a euphemism for synthesizing processes.
        • CLOD 171 and CLOD 172 would replace the definition of “CBD product” with a more broadly encompassing definition of “cannabinoid product” inclusive of all “class B cannabinoids.”
        • CLOD 177 and CLOD 178 would require labs testing cannabinoid additive products to use “a measurement of uncertainty of thirty three percent.”
        • STER 015 and STER 017 would redefine isolates from 95% to 92% pure cannabinoids.
        • STER 016 and STER 018 would turn the precautionary principle on its head and require the WSLCB to conduct “a scientific study with respect to the safety standards for any product derived from hemp prior to prohibiting such a product from being used, processed, or sold by licensees under this chapter."
        • H-2724.1 and H-2723.1 would strike the bill and require “the Washington State University Center for Cannabis Policy, Research, and Outreach [WSU CCPRO] to convene a five-member scientific panel to review available scientific research, data, and regulations of other jurisdictions related to cannabinoids and the regulation of cannabinoids.” The amendment neglects to mention that WSU CCPRO Director David Gang was one of five researchers to contribute his expertise to the composition of the class A/B cannabinoid definitions. He presented the center’s broad cannabis research agenda at the Washington CannaBusiness Association (WACA) fall policy conference on November 3rd.
        • And several more…
      • In December 2021, MacEwen announced he would campaign for the senate seat in the 35th district. At publication time, MacEwen’s campaign had reported more than $100k in donations to the Washington State Public Disclosure Commission (WA PDC), including contributions from Cleen Technology and WACA.
  • At publication time, one cannabis-related bill remained in WA House RUL awaiting a pull by a committee member or from the chamber.
    • ⚖️ HB 2022 - Social Equity; significant structuring of the future of licensure, market dynamics, the inextricable connection of cannabis policy with troubling dimensions of the American drug wars

WA Senate - Session

On Monday at 11am PT, the Washington State Senate (WA Senate) planned to convene.

  • After working over the weekend on Saturday, senators still had a number of bills to address on their floor calendar and many bills remained in the Washington State Senate Rules Committee (WA Senate RULE) awaiting a pull ahead of the house of origin cutoff on Tuesday at 5pm.
  • Two cannabis-related bills had already traversed the senate and been introduced in the house:
    • ⚕️💰 SB 5004 - Excise Tax Exemption for Registered Medical Cannabis Patients; only those voluntarily registered with the state
    • 💣 SB 5927 - Retail Robberies; reporting requirements and sentencing enhancements
  • At publication time, one cannabis-related bill remained on the senate floor calendar but had not yet been addressed.
    • 💸 SB 5796 - Revision of Cannabis Tax Revenue Appropriations; where the money goes
  • At publication time, two cannabis-related bills remained in WA Senate RULE awaiting a pull by a committee member or from the chamber.
    • 🔬 SB 5699 - Cannabis Testing Labs; WSDA/WSLCB request legislation to shift regulation of labs to the department of agriculture; creation of Interagency Coordination Team (ICT) w/ department of health (DOH)
      • As the companion bill HB 1859 was passed by the House and remained largely identical, this bill would likely remain in WA Senate RULE.
    • 💊 SB 5951 - CBD Truth-in-Labeling; w/out WACA cannabinoid definitions

Tuesday February 15th

WSLCB - Board Caucus

On Tuesday at 10am PT, the weekly Washington State Liquor and Cannabis Board (WSLCB) Board Caucus was scheduled to recur.

WA Legislature - House of Origin Cutoff

Following the Thursday February 3rd policy committee cutoff and the Monday February 7th finance committee cutoff, Tuesday at 5pm PT occasions the cutoff for (most) bills to be recommended out of their house of origin. After Tuesday, policy committees will begin working bills from the opposite chamber to hear, amend, and vote on legislation for recommendation.

Wednesday February 16th

WSLCB - Board Meeting

On Wednesday at 10am PT, the bi-weekly WSLCB Board Meeting was scheduled to recur.

Thursday February 17th

WA Senate LCTA - Committee Meeting

On Thursday at 8am PT, the Washington State Senate Labor, Commerce, and Tribal Affairs Committee (WA Senate LCTA) planned to convene.

WA Senate LAW - Committee Meeting

On Thursday at 10:30am PT, the Washington State Senate Law and Justice Committee (WA Senate LAW) was scheduled to convene.

  • [ Event Details ]
  • Executive Session
    • ⚕️⚖️ HB 1105 - Arrest Protections for All Medical Cannabis Patients; not just those voluntarily registered with the state

WA SECTF - Work Group - Reinvestment and Training - Public Meeting

On Thursday at 1pm PT, the Washington State Legislative Task Force on Social Equity in Cannabis Community Reinvestment and Workforce Training Work Group (WA SECTF - Work Group - Reinvestment and Training) planned to convene for the first time.

WSLCB - Webinar - Rulemaking Engagement

On Thursday at 7pm PT, a WSLCB Webinar on Rulemaking Engagement was scheduled to occur.

Friday February 18th

WA House PS - Committee Meeting

On Friday at 10am PT, the Washington State House Public Safety Committee (WA House PS) was scheduled to convene.

  • [ Event Details ]
  • Public Hearing
    • 💣 SB 5927 - Retail Robberies; reporting requirements and sentencing enhancements

WA Pharmacy Commission - Legislative Review

On Friday at 12pm PT, the weekly Washington State Pharmacy Quality Assurance Commission (WA Pharmacy Commission) Legislative Review was scheduled to recur.

  • [ Event Details ]
  • During session, the WA Pharmacy Commission hosts legislative review meetings where commissioners and staff discuss bills and decide on positioning/action which are open to the public.

2022 WA Legislative Session

The short session of the 2021-22 biennium began on January 10th, 2022. Inactive cannabis-related bills from the 2021 session were re-introduced in their house of origin and the House and Senate convened public hearings during the first three weeks of the short session. Thursday February 3rd was the first deadline for (most) bills to be recommended out of their house of origin policy committees, followed shortly by the second deadline on Monday February 7th for house of origin finance committees to complete their initial work. This past weekend, legislators and staff heard, amended, and pushed legislation through in advance of the third deadline for (most) bills to be passed out of their chamber of origin on Tuesday February 15th at 5pm PT.

Budget-Related Legislation - Active (2)

HB 1816 - “Making 2021-2023 fiscal biennium supplemental operating appropriations.”

  • [ Legislation ]
  • 💸 Operating Budget Changes; where the money goes
  • Sponsors (4): Timm Ormsby, Mia Gregorson, et al
  • Companion: SB 5693 (identical)
  • Previous Step: public hearing in WA House APP (Jan 10)

SB 5693 - “Making 2021-2023 fiscal biennium supplemental operating appropriations.”

  • [ Legislation ]
  • 💸 Operating Budget Changes; where the money goes
  • Sponsors (3): Christine Rolfes, Linda Wilson, et al
  • Companion: HB 1816 (identical)
  • Previous Step: public hearing in WA Senate WM (Jan 11)

Cannabis-Related Legislation - Active (11)

HB 1105 - “Concerning arrest protections for the medical use of cannabis.”

  • [ Legislation ]
  • ⚕️⚖️ Arrest Protections for All Medical Cannabis Patients; not just those voluntarily registered with the state
  • Sponsors (12): Shelley Kloba, et al
  • Previous Step: public hearing in WA Senate LAW (Feb 8)
  • Next Step: executive session in WA Senate LAW (Feb 17)

HB 1210 - “Replacing the term ‘marijuana’ with the term ‘cannabis’ throughout the Revised Code of Washington.”

  • [ Legislation ]
  • 🌱⚖️ "marijuana" to "cannabis"
  • Sponsors (14): Melanie Morgan, et al
  • Previous Step: pro forma introduction in WA Senate and referral to WA Senate LCTA (Feb 7)
  • Next Step: public hearing in WA Senate LCTA (Feb 17)

HB 1668 - “Expanding regulatory authority over cannabinoids that may be impairing and providing for enhanced product safety and consumer information disclosure about marijuana products.”

  • [ Legislation ]
  • ⚗️ WSLCB Cannabinoid Regulation; the vehicle to determine the future of synthesized cannabinoids in Washington state
  • Requested By: WSLCB
  • Sponsors (3): Shelley Kloba, Sharon Wylie, et al
  • Companion: SB 5547 (inactive)
  • Previous Step: executive session in WA House APP (Feb 7)
  • Previous Step: chamber pull (Feb 11)
  • Next Step: second and third reading in WA House
  • One of two highly anticipated agency request bills from WSLCB, this bill would grant the board broad authority to regulate all “cannabinoids that may be impairing.” In crafting that authority, this 20-page bill would rewrite many fundamental definitions underpinning the Initiative 502 marketplace.

HB 1827 - “Creating the community reinvestment account and community reinvestment program.”

  • [ Legislation ]
  • 💰⚖️ Community Reinvestment; directing cannabis revenue collected by the state towards addressing harms of the American drug wars and the generational economic implications thereof
  • Requested By: WA Governor
  • Sponsors (5): Melanie Morgan, et al
  • Companion: SB 5706 (inactive)
  • Previous Step: executive session in WA House APP (Feb 7)
  • Previous Step: chamber pull (Feb 10)
  • Previous Step: second and third reading in WA House (Feb 12)
  • Next Step: pro forma introduction and referral in WA Senate

HB 1859 - “Concerning quality standards for laboratories conducting cannabis analysis.”

  • [ Legislation ]
  • 🔬 Cannabis Testing Labs; WSDA/WSLCB request legislation to shift regulation of labs to the department of agriculture; creation of Interagency Coordination Team (ICT) w/ department of health (DOH)
  • Requested By: WSDA, WSLCB
  • Sponsors (4): Shelley Kloba, Kelly Chambers, et al
  • Companion: SB 5699 (divergent)
  • Previous Step: executive session in WA House APP (Feb 4)
  • Previous Step: chamber pull (Feb 10)
  • Previous Step: second and third reading in WA House (Feb 12)
  • Next Step: pro forma introduction and referral in WA Senate

HB 2022 - “Concerning social equity in the cannabis industry.”

  • [ Legislation ]
  • ⚖️ Social Equity; significant structuring of the future of licensure, market dynamics, the inextricable connection of cannabis policy with troubling dimensions of the American drug wars
  • Sponsors (13): Emily Wicks, Jesse Johnson, et al
  • Previous Step: executive session in WA House APP (Feb 7)
  • Next Step: calendaring in WA House RUL or chamber pull
  • Following Step: second and third reading in WA House
  • This bill expresses many recommendations of the Washington State Legislative Task Force on Social Equity in Cannabis (WA SECTF).

SB 5004 - “Providing a tax exemption for medical marijuana patients.”

  • [ Legislation ]
  • ⚕️💰 Excise Tax Exemption for Registered Medical Cannabis Patients; only those voluntarily registered with the state
  • Sponsors (8): Karen Keiser, et al
  • Previous Step: pro forma introduction and referral to WA House FIN (Jan 24)
  • Next Step: public hearing in WA House FIN

SB 5699 - “Concerning quality standards for laboratories conducting cannabis analysis.”

  • [ Legislation ]
  • 🔬 Cannabis Testing Labs; WSDA/WSLCB request legislation to shift regulation of labs to the department of agriculture; creation of Interagency Coordination Team (ICT) w/ department of health (DOH)
  • Requested By: WSDA, WSLCB
  • Sponsors (2): Steve Conway, Derek Stanford
  • Companion: HB 1859 (divergent)
  • Previous Step: executive session in WA Senate WM (Feb 7)
  • Next Step: calendaring in WA Senate RULE or chamber pull
  • Following Step: second and third reading in WA Senate

SB 5796 - “Restructuring cannabis revenue appropriations.”

  • [ Legislation ]
  • 💸 Revision of Cannabis Tax Revenue Appropriations; where the money goes
  • Sponsors (5): Rebecca Saldaña, et al
  • Previous Step: executive session in WA Senate WM (Feb 7)
  • Previous Step: calendared by WA Senate RULE (Feb 11)
  • Next Step: second and third reading in WA Senate

SB 5927 - “Concerning the safety and security of retail cannabis outlets.”

  • [ Legislation ]
  • 💣 SB 5927 - Retail Robberies; reporting requirements and sentencing enhancements
  • Sponsor (2): Jim Honeyford, et al
  • Companion: HB 2029 (inactive)
  • Previous Step: second and third reading in WA Senate (Feb 10)
  • Previous Step: pro forma introduction in WA House and referral to WA House PS (Feb 12)
  • Next Step: public hearing in WA House PS (Feb 18)
  • This bill would require retailers to report robberies to WSLCB, and the WSLCB Director of Enforcement and Education would be asked to subsequently confer with the Washington State Patrol (WSP). The bill would equate robberies of cannabis retailers with robberies of pharmacies, leveraging the system of "special allegations" and "special verdicts" to enhance sentencing in the criminal justice system.
  • The intent of the bill is similar to 2020 legislation, SB 6033 (“Concerning the safety and security of retail marijuana outlets”) which was granted a policy committee hearing. That bill asked state and local law enforcement to report cannabis retail robberies, which elicited concerned testimony by a representative of the Washington Association of Sheriffs and Police Chiefs (WASPC).

SB 5951 - “Concerning agricultural hemp products to ensure the safe implementation of Washington state's industrial hemp program.”

  • [ Legislation ]
  • 💊 CBD Truth-in-Labeling; w/out WACA cannabinoid definitions
  • Sponsors (2): Bob Hasegawa, et al
  • Previous Step: public hearing in WA Senate AWNP (Feb 1)
  • Previous Step: executive session in WA Senate AWNP (Feb 3)
  • Next Step: calendaring in WA Senate RULE
  • This bill would make it a violation of the Consumer Protection Act to sell CBD products which do not contain the cannabinoids advertised.

Cannabis-Related Legislation - Inactive - House of Origin Finance Committee Cutoff (3)

HB 1019 - “Allowing residential marijuana agriculture.”

HB 1710 - “Establishing a Washington state cannabis commission.”

  • [ Legislation ]
  • Sponsors (4): Sharon Shewmake, et al
  • Last Step: executive session in WA House COG (Jan 20)
  • Not addressed by WA House APP

SB 5706 - “Creating the community reinvestment account and community reinvestment program.”

  • [ Legislation ]
  • 💰⚖️ Community Reinvestment; directing cannabis revenue collected by the state towards addressing harms of the American drug wars and the generational economic implications thereof
  • Requested By: WA Governor
  • Sponsors (6): Rebecca Saldaña, et al
  • Companion: HB 1827 (active)
  • Last Step: executive session in WA Senate LCTA (Jan 26)
  • Not addressed by WA Senate WM

Cannabis-Related Legislation - Inactive - House of Origin Policy Committee Cutoff (11)

HB 1414 - “Aligning marijuana licensing decisions by the liquor and cannabis board with local zoning ordinances.”

  • [ Legislation ]
  • Sponsors (2): Keith Goehner, Kelly Chambers
  • Last Step: public hearing in WA House COG (Feb 2, 2021)

HB 1463 - “Addressing serious mental health consequences of high-potency cannabis products by regulating the sale of cannabis concentrates.”

HB 1667 - “Concerning ownership of cannabis-related businesses.”

  • [ Legislation ]
  • Sponsors: Sharon Wylie
  • Previous Step: pro forma introduction and assignment to WA House COG (Jan 10)
  • Last Step: public hearing in WA House COG (Feb 1)

HB 1855 - “Concerning a craft cannabis endorsement.”

  • [ Legislation ]
  • Sponsors (5): Emily Wicks, Laurie Dolan, et al
  • Last Step: cancelled executive session in WA House COG (Feb 3)

HB 1933 - “Authorizing smaller local governments with a scarcity of manufacturing and industrial lands to establish a tax on cannabis producers and processors.”

  • [ Legislation ]
  • Sponsors (3): Emily Wicks, Carolyn Eslick, et al
  • Last Step: public hearing in WA House FIN (Jan 25)

HB 2029 - “Concerning the safety and security of retail cannabis outlets.”

  • [ Legislation ]
  • 💣 Retail Robberies; reporting requirements and sentencing enhancements
  • Sponsors (3): Kelly Chambers, Eric Robertson, et al
  • Companion: SB 5927 (active)
  • Last Step: pro forma introduction and assignment to WA House PS (Jan 18)

HB 2035 - “Establishing a behavioral health prevention and equity impact framework for the Washington state liquor and cannabis board.”

  • [ Legislation ]
  • Sponsors (13): Lauren Davis, Javier Valdez, et al
  • Last Step: public hearing in WA House COG (Jan 25)

SB 5517 - “Concerning employment of individuals who lawfully consume cannabis.”

  • [ Legislation ]
  • Sponsors (11): Karen Keiser, Rebecca Saldaña, et al
  • Last Step: cancelled executive session in WA Senate LCTA (Jan 26)

SB 5547 - “Expanding regulatory authority over cannabinoids that may be impairing and providing for enhanced product safety and consumer information disclosure about marijuana products.”

  • [ Legislation ]
  • ⚗️ WSLCB Cannabinoid Regulation; companion HB 1668 became the vehicle to determine the future of synthesized cannabinoids in Washington state
  • Requested By: WSLCB
  • Sponsors (6): Karen Keiser, Mark Schoesler, et al
  • Companion: HB 1668 (active)
  • Last Step: cancelled executive session in WA Senate LCTA (Feb 2)

SB 5671 - “Modifying the composition of the Washington state liquor and cannabis board.”

  • [ Legislation ]
  • Sponsors (5): Derek Stanford, Ann Rivers, et al
  • Last Step: public hearing in WA Senate LCTA (Jan 19)

SB 5767 - “Regulating hemp-derived cannabinoids.”

  • [ Legislation ]
  • Sponsors (3): Derek Stanford, Ann Rivers, et al
  • Last Step: public hearing in WA Senate LCTA (Jan 20)

Cannabis-Related Legislation - Inactive - Superseded (2)

HB 1260 - “Concerning the development of the marijuana market.”

  • [ Legislation ]
  • Sponsors (11): Emily Wicks, et al
  • Last Step: pro forma first reading and referral to WA House COG (Jan 18, 2021)
  • Subsumed by HB 1855

SB 5365 - “Establishing a Washington state cannabis commission.”