The Week Ahead
(February 21, 2022)

HB 2122 - NTIB

As the timeline for legislation became more compressed, committees crammed bills for action - while the WSLCB cannabinoid regulation bill was granted a second chance to NTIB.

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

Monday February 21st

WA Senate LCTA - Committee Meeting

On Monday at 9:30am PT, the Washington State Senate Labor, Commerce, and Tribal Affairs Committee (WA Senate LCTA) planned to convene.

  • [ Event Details ]
  • Public Hearing
    • HB 1827 - "Creating the community reinvestment account and community reinvestment program."
  • Executive Session
    • HB 1210 - "Replacing the term 'marijuana' with the term 'cannabis' throughout the Revised Code of Washington."

WA House APP - Committee Meeting

On Monday at 3:30pm PT, the Washington State House Appropriations Committee (WA House APP) planned to convene.

  • [ Event Details ]
  • Public Hearing
    • HB 1816 - "Making 2021-2023 fiscal biennium supplemental operating appropriations."
  • “The public hearing will be on Proposed Substitute House Bill 1816 by Representative Ormsby. The proposed substitute bill and summary documents will be available at noon on Monday, February 21.”

WA Senate WM - Committee Meeting

On Monday at 4pm PT, the Washington State Senate Ways and Means Committee (WA Senate WM) planned to convene.

Tuesday February 22nd

WA House PS - Committee Meeting

On Tuesday at 8am PT, the Washington State House Public Safety Committee (WA House PS) was scheduled to convene.

  • [ Event Details ]
  • Executive Session
    • SB 5927 - "Concerning the safety and security of retail cannabis outlets."

DOH - Public Hearing - Medical Marijuana Consultant Certification

On Tuesday at 9:30am PT, the Washington State Department of Health (DOH) planned to host a public hearing on proposed revisions to the medical marijuana consultant certification program.

WSLCB - Board Caucus

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

  • [ Event Details ]
  • Members were scheduled to hear an update from Director of Legislative Affairs Chris Thompson. He also provided an update at the previous caucus which prompted discussion and lamentations about the fate of HB 1668, agency request legislation to determine the future of synthesized cannabinoids in Washington state. While the WSLCB bill was not moved ahead of the house of origin cutoff and became inactive - the same bill text with new additions was poised to be resurrected on Monday as HB 2122. Jump to our analysis of the new bill.

WA House FIN - Committee Meeting

On Tuesday at 1:30pm PT, the Washington State House Finance Committee (WA House FIN) planned to convene.

  • [ Event Details ]
  • Public Hearing
    • SB 5004 - "Providing a tax exemption for medical marijuana patients."

WA HCA - DBHR Listening Session

On Tuesday at 1:30pm PT, the monthly Washington State Health Care Authority (WA HCA) Division of Behavioral Health and Recovery (DBHR) Behavioral Health Service Provider Listening Session was scheduled to recur.

WA House APP - Committee Meeting

On Tuesday at 3:30pm PT, the WA House APP planned to convene.

Wednesday February 23rd

WA Senate WM - Committee Meeting

On Wednesday at 3pm PT, the WA Senate WM planned to convene.

  • [ Event Details ]
  • Executive Session
    • SB 5693 - "Making 2021-2023 fiscal biennium supplemental operating appropriations."

WA House APP - Committee Meeting

On Wednesday at 3:30pm PT, the WA House APP planned to convene.

  • [ Event Details ]
  • Executive Session
    • HB 1816 - "Making 2021-2023 fiscal biennium supplemental operating appropriations."

Thursday February 24th

WA Legislature - Opposite House Policy Committee Cutoff

Thursday February 24th is the fourth deadline for (most) bills to be recommended out of their opposite house policy committees.

WA House FIN - Committee Meeting

On Monday at 8am PT, the WA House FIN planned to convene.

  • [ Event Details ]
  • Executive Session
    • SB 5004 - "Providing a tax exemption for medical marijuana patients."

WA House PS - Committee Meeting

On Thursday at 10am PT, the WA House PS was scheduled to convene.

  • [ Event Details ]
  • Executive Session
    • SB 5927 - "Concerning the safety and security of retail cannabis outlets."
  • Presumably, this redundant executive session would be cancelled if the bill were moved by committee members on Tuesday.

WA SECTF - Work Group - Licensing - Public Meeting

On Thursday at 1pm PT, the Washington State Legislative Task Force on Social Equity in Cannabis Licensing Work Group (WA SECTF - Work Group - Licensing) was scheduled to convene.

Friday February 25th

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 2021 were renewed in their house of origin and the House and Senate convened public hearings during the first three weeks of the short session. February 3rd was the first deadline for bills to be recommended out of their house of origin policy committees, followed shortly by a second deadline on February 7th for house of origin finance committees to complete their initial work. 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. At the turning point, policy committees took up remaining bills ahead of the Thursday February 24th opposite house policy committee cutoff. Finance committees began to work budgets before having to move bills over the weekend in advance of the Monday February 28th opposite house finance committee cutoff.

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, diverging Monday)
  • Previous Step: public hearing in WA House APP (Jan 10)
  • Next Step: public hearing in WA House APP (Feb 21)
  • Following Step: executive session in WA House APP (Feb 23)

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, diverging Monday)
  • Previous Step: public hearing in WA Senate WM (Jan 11)
  • Next Step: public hearing in WA Senate WM (Feb 21)
  • Following Step: executive session in WA Senate WM (Feb 23)

Cannabis-Related Legislation - Active (8)

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)
  • Previous Step: executive session in WA Senate LAW (Feb 17)
  • Next Step: calendaring by WA Senate RULE or chamber pull by WA Senate for second and third reading

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: public hearing in WA Senate LCTA (Feb 17)
  • Next Step: executive session in WA Senate LCTA (Feb 21)

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: pro forma introduction and referral to WA Senate LCTA (Feb 15)
  • Next Step: public hearing in WA Senate LCTA (Feb 21)

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 (inactive)
  • Previous Step: pro forma introduction and referral to WA Senate LCTA (Feb 15)
  • Previous Step: public hearing and executive session in WA Senate LCTA (Feb 17)
  • Next Step: public hearing in WA Senate WM

NEW: HB 2122 - “Concerning cannabinoid products.”

  • [ Legislation ]
  • ⚗️ Cannabinoid Regulation; the resurrected vehicle to determine the future of synthesized cannabinoids in Washington state
  • Sponsors (1): Shelley Kloba
  • Next Step: pro forma introduction and referral to WA House APP (Feb 21)
  • Rumors that HB 1668---the WSLCB cannabinoid regulation bill---wasn't really dead appear to have been well founded as Representative Kloba planned to reintroduce the bill as HB 2122. Our preliminary analysis indicated the only revisions to the bill text as compared to the second substitute of HB 1668 were:
    • Replacement of the legislative notice provision in section 12 w/ Kloba's preferred approach which she did not have an opportunity to propose on the floor.
    • The addition of a temporary $50 license fee on off-premises beer and wine retailers, vapor product licensees, and tobacco licensees for WSLCB enforcement operations regarding impairing cannabinoids.
  • The bill was set to be introduced on Monday and referred to the House Appropriations Committee - bypassing the usual initial policy committee step. Presumably, legislative leadership approved this approach and planned to designate the bill "necessary to implement budgets" (NTIB) - likely aided by the new revenue producing provisions of the bill.

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 (Feb 21)
  • Following Step: executive session in WA House FIN (Feb 24)

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: pro forma introduction and referral to WA House APP (Feb 16)
  • Next Step: public hearing in WA House APP (Feb 22)
  • Following Step: executive session in WA House APP

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: pro forma introduction in WA House and referral to WA House PS (Feb 12)
  • Previous Step: public hearing in WA House PS (Feb 18)
  • Next Step: executive session in WA House PS (Feb 22)
  • Following Step (if necessary): executive session in WA House PS (Feb 24)
  • 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.

Cannabis-Related Legislation - Inactive - House of Origin Cutoff (4)

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; once 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)
  • Last Step: chamber pull to WA House floor calendar (Feb 11)

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) and referral to WA House RUL

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)
  • Last Step: executive session in WA Senate WM (Feb 7) and referral to WA Senate RULE

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
  • Last Step: executive session in WA Senate AWNP (Feb 3) and referral to WA Senate RULE

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) and referral to 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) and referral to 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 (inactive)
  • 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.”