The Week Ahead
(February 28, 2022)

SB 5983 - AP Article

Four synthesized cannabinoid regulation bills had been introduced after cutoff, cannabis-related amendments were in the operating budget, and new QC rules were imminent.

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

Monday February 28th

WA Legislature - Opposite House Fiscal Committee Cutoff

Monday February 28th is the fifth deadline for (most) bills to be recommended out of their opposite house fiscal committees.

WA Senate - Session - Morning

On Monday at 9am PT, the Washington State Senate (WA Senate) was scheduled to host a pro forma session.

  • [ Event Details ]
  • Introduction and First Reading
    • ⚗️ SB 5983 - Cannabinoid Regulation and Enforcement; a new vehicle to determine the future of synthesized cannabinoids in Washington state
  • On Monday, Senators Keiser and Schoesler were set to introduce a new revision of HB 2122—not a companion bill—and see that bill referred to WA Senate WM. Our preliminary analysis indicated revisions to the bill text as compared to the original text of HB 2122 included:
    • Section 13 of the bill whittled down the temporary license fee surcharge from $50 to $25 while wholly exempting alcohol licensees as well as ​​businesses classified as "supermarkets and other grocery stores" and "convenience stores" from assisting in paying for proactive enforcement efforts on the sale of synthesized cannabinoids which the bill would make illegal outside the regulated 502 marketplace.
    • Section 14 of the bill would mandate that “The board must conduct enforcement operations regarding products containing cannabinoids that may be impairing or are marketed as impairing including, but not limited to, products containing delta-8 THC, and not authorized for sale under this chapter.” The provision goes on to specify ‘enforcement operations’ includes: “efforts to attain compliance, prevent noncompliance, and the removal of products containing cannabinoids that may be impairing and that are not authorized for sale under this chapter.”
  • While technically no longer an agency request bill from the Washington State Liquor and Cannabis Board (WSLCB), agency staff and the board obviously back SB 5983 as evidenced by the publication of a well-researched Associated Press (AP) article on the status of synthesized cannabinoids in Washington state shortly after publication of the bill on the afternoon of Friday February 25th.
    • The metadata on the original bill text for SB 5983 indicates the file was created and published at 12:12pm, while the AP article was published at 2:47pm. The AP article opens with reference to the pre-filed bill: “Washington lawmakers are making a last-ditch attempt to block intoxicating, synthetically derived cannabis products, including gummy candies and vape oil, from being sold at gas stations, convenience stores and smoke shops after earlier bills failed.”
    • On February 9th, WSLCB Director of Communications Brian Smith mentioned working with an AP writer on an article on synthesized cannabinoids during the monthly executive management team meeting (audio - 1m, video).
    • The article itself well summarizes the unsustainable tensions which have developed between the regulator, the leadership of the Washington CannaBusiness Association (WACA), and particular members of the organization heavily invested in the chemical synthesis of cannabinoids.

WA Senate WM - Committee Meeting

On Monday at 10am PT, the Washington State Senate Ways and Means Committee (WA Senate WM) was scheduled to convene.

  • [ Event Details ]
  • Executive Sessions
    • 💰⚖️ 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
    • 🔬 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)
  • At publication time, neither HB 1827 nor HB 1859 had any proposed amendments.

WA House APP - Committee Meeting

On Monday at 11am PT, the Washington State House Appropriations Committee (WA House APP) was scheduled to convene.

  • [ Event Details ]
  • Executive Sessions
    • 💸 SB 5796 - Revision of Cannabis Tax Revenue Intents; to whom and towards what have legislators suggested cannabis money go
  • At publication time, SB 5796 had a number of proposed amendments which ranged from curious to hostile in intent.

Okanogan County - BOCC - Public Meeting

On Monday at 9am PT, the Okanogan County Board of County Commissioners (Okanogan County - BOCC) planned to convene.  At 1:30pm, the commissioners were scheduled to host a public hearing on the extension of Ordinance 2021-9.

Tuesday March 1st

WSLCB - Board Caucus

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

WSLCB - Webinar - CCRS

On Tuesday at 10am PT, WSLCB staff planned to convene a webinar on the Cannabis Central Reporting System (CCRS).

  • [ Event Details ]
  • According to the event announcement addressed to “Select Cannabis Industry Members”:
    • “After two months of use, we are now following through on our commitment to addressing industry concerns regarding the manifest process. Earlier this month, I invited you to join a diverse group of licensees, labs and integrators to participate in a virtual discussion about potential revisions to the CCRS manifest process. At the meeting, we will present a potential solution. We will be taking time to listen to concerns and suggestions for improvements before moving forward with changes to the process.”
  • I plan to participate on behalf of the Washington Cannabis Integrators Alliance (WCIA), an informal group of software providers, labs, and licensees which published and continues to refine a Transfer Schema Definition which has helped automate transactions between licensed businesses since the launch of CCRS.
  • Regarding the revision of manifest reporting requirements contemplated in CCRS 2.0, WCIA has proposed a CSV format provisionally called InventoryTransferOutbound.csv which would encompass the data collected on the existing manifest web form, building on the InventoryTransfer.csv format. This would provide what we hope is the easiest path forward, utilizing existing WSLCB infrastructure and institutional knowledge to obtain the same information that is collected today.

Wednesday March 2nd

WSLCB - Board Meeting

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

Thursday March 3rd

At publication time, no cannabis-related policymaking events were scheduled.

Friday March 4th

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.

WA Legislature - Opposite House Cutoff

Friday at 5pm PT is the sixth deadline for (most) bills to be recommended out of their opposite house.

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 fiscal 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 February 15th at 5pm PT.
  • At the turning point, policy committees took up remaining bills ahead of the February 24th opposite house policy committee cutoff. Fiscal committees began to work budgets before having to move bills over the weekend in advance of the Monday February 28th opposite house fiscal committee cutoff. And Friday March 4th at 5pm PT would occasion the sixth deadline for (most!) bills to be passed by the opposite chamber.
  • Sine die, the last day of session, would occur on Thursday March 10th.

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 (divergent)
  • Previous Step: public hearing in WA House APP (Feb 21)
  • Previous Step: executive session in WA House APP (Feb 23)
    • To our knowledge, no cannabis-related amendments were added to the bill.
  • Next Step: calendaring by WA House RULE or chamber pull by WA House for second and third reading

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 (divergent)
  • Previous Step: public hearing in WA Senate WM (Feb 21)
  • Previous Step: executive session in WA Senate WM (Feb 23)
    • Amendment CEC 259 by WA Senate WM Vice Chair June Robinson was adopted, providing $150K to WSLCB “solely for the board to study the statewide limit of retail cannabis outlets and the practice of assigning retail licenses by city, to determine if the practice is sufficient to meet the consumption rate and population of the state as well as the legislature's social equity goals." No report was requested nor additional constraints (beyond those already in statute) were placed on subsequent action by the WSLCB.
  • Previous Step: calendared by WA Senate RULE (Feb 24)
  • Previous Step: second and third reading in WA Senate (Feb 25)
  • Previous Step: introduction, first reading, second reading, and third reading in WA House (Feb 26)
    • Amendment H-2877.1 by WA House COG Vice Chair Emily Wicks was adopted, providing $500K “for the LCB, in consultation with the Office of Equity and community organizations, to select a third-party contractor to prioritize applicants for cannabis licenses in an existing cannabis social equity program. Requires the LCB to review applications based on the priority set by the third-party contractor. Requires the third-party contractor to prioritize applicants based on a scoring rubric that is developed by the LCB with input from the Social Equity in Cannabis Task Force and approved by the Office of Equity.”
  • Next Step: concurrence or dispute vote in WA Senate

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)
  • 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: executive session in WA Senate LCTA (Feb 21)
  • Previous Step: WA Senate RULE pull to WA Senate (Feb 25)
  • Next Step: second and third reading in WA Senate

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: public hearing in WA Senate LCTA (Feb 21)
  • Previous Step: executive session in WA Senate LCTA (Feb 24)
  • Previous Step: public hearing in WA Senate WM (Feb 26)
  • Next Step: executive session in WA Senate WM (Feb 28)

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: public hearing and executive session in WA Senate LCTA (Feb 17)
  • Previous Step: public hearing in WA Senate WM (Feb 24)
  • Next Step: executive session in WA Senate WM (Feb 28)

HB 2122 - “Concerning cannabinoid products.”

  • [ Legislation ]
  • ⚗️ Cannabinoid Regulation; a vehicle to determine the future of synthesized cannabinoids in Washington state
  • Sponsors (5): Shelley Kloba, et al
  • Previous Step: pro forma introduction and referral to WA House APP (Feb 21)
  • Next Step: public hearing in WA House APP
  • Rumors that HB 1668---the WSLCB cannabinoid regulation bill---wasn't really dead were well founded as Representative Kloba reintroduced the bill as HB 2122. Our analysis indicated revisions to the bill text as compared to the second substitute of HB 1668 were:
    • A new exemption from WSLCB regulation for “unadulterated hemp flower products” based on a floor amendment that had been proposed by Kloba.
    • 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 introduced on Monday February 21st 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.
  • WSLCB staff discussed the bill at length with the board on February 22nd.

NEW: HB 2123 - “Concerning cannabinoid products.”

  • [ Legislation ]
  • ⚗️ Cannabinoid Regulation; a different, slower vehicle to determine the future of synthesized cannabinoids in Washington state
  • Sponsors (7): MacEwen, Springer, et al
  • Companion: SB 5981 (identical)
  • Previous Step: pro forma introduction and referral to WA House APP (Feb 22)
  • Next Step: public hearing in WA House APP
  • The day after the introduction of HB 2122, Representatives MacEwen and Springer introduced HB 2123 which took the same title as the former bill but a significantly narrower approach to removing products "exceeding a THC concentration 0.3 percent" from unregulated markets (section 4).
    • The bill includes MacEwen’s preferred approach of tasking a WSU CCPRO research panel with evaluating the safety of cannabinoid synthesis processes (section 5).
    • Creatively, in section 6, DOH would be empowered to administer a grant program to fund local government health departments to enforce the D8 (and other THC products) ban. It looks like they hoped to offer locals around $2M total.

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 purchasing DOH-compliant products
  • Sponsors (8): Karen Keiser, et al
  • Previous Step: pro forma introduction and referral to WA House FIN (Jan 24)
  • Previous Step: public hearing in WA House FIN (Feb 21)
  • Previous Step: executive session in WA House FIN (Feb 24)
  • Next Step: calendaring by WA House RULE or chamber pull by WA House for second and third reading

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: public hearing in WA House APP (Feb 22)
  • Next Step: executive session in WA House APP (Feb 28)

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: public hearing in WA House PS (Feb 18)
  • Previous Step: executive session in WA House PS (Feb 22)
  • Next Step: calendaring by WA House RULE or chamber pull by WA House for second and third reading
  • 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.

NEW: SB 5981 - “Concerning cannabinoid products.”

  • [ Legislation ]
  • ⚗️ Cannabinoid Regulation; a different, slower vehicle to determine the future of synthesized cannabinoids in Washington state
  • Sponsors (2): Stanford, Rivers
  • Companion: HB 2123 (identical)
  • Previous Step: pro forma introduction and referral to WA Senate LCTA (Feb 24)
  • Next Step: public hearing in WA Senate LCTA
  • Two days after the introduction of HB 2123, Senators Stanford and Rivers introduced an identical companion bill which was referred to WA Senate LCTA. In contrast to HB 2122 and HB 2123, SB 5981 was referred to an appropriate policy committee rather than a fiscal committee. However, the bill remained unheard in WA Senate LCTA potentially because the committee was chaired by Senator Karen Keiser - who had yet another cannabinoid regulation bill in the works: SB 5983.

NEW: SB 5983 - “Concerning untested and unregulated cannabinoid products.”

  • [ Legislation ]
  • ⚗️ Cannabinoid Regulation; a new vehicle to determine the future of synthesized cannabinoids in Washington state
  • Sponsors (1): Keiser, Schoesler
  • Next Step: pro forma introduction and referral to WA Senate WM (Feb 28)
  • Following Step: public hearing in WA Senate WM
  • On Monday February 28th, Senators Keiser and Schoesler were set to introduce a new revision of HB 2122—not a companion bill—and see that bill referred to WA Senate WM. Our preliminary analysis indicated revisions to the bill text as compared to the original text of HB 2122 included:
    • Section 13 of the bill whittled down the temporary license fee surcharge from $50 to $25 while wholly exempting alcohol licensees as well as ​​businesses classified as "supermarkets and other grocery stores" and "convenience stores" from assisting in paying for proactive enforcement efforts on the sale of synthesized cannabinoids which the bill would make illegal outside the regulated 502 marketplace.
    • Section 14 of the bill would mandate that “The board must conduct enforcement operations regarding products containing cannabinoids that may be impairing or are marketed as impairing including, but not limited to, products containing delta-8 THC, and not authorized for sale under this chapter.” The provision goes on to specify ‘enforcement operations’ includes: “efforts to attain compliance, prevent noncompliance, and the removal of products containing cannabinoids that may be impairing and that are not authorized for sale under this chapter.”

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 Fiscal 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.”