The Week Ahead
(March 7, 2022)

Delta-8-THC Products

In the final week of a contentious short session, legislators would have to sprint to pass SB 5983, a bill to protect public health but also fundamentally restructure cannabis law.

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

Monday March 7th

WA Senate WM - Committee Meeting

On Monday at 5pm PT, the Washington State Senate Ways and Means Committee (WA Senate WM) was scheduled to convene.

  • [ Event Details ]
  • Executive Session
    • SB 5983 - "Concerning untested and unregulated cannabinoid products."
  • Exactly four years ago on this day in a similarly short session, the WA Senate WM committee members of that time took up HB 2334, the bill which authorized the import of hemp CBD into the closed 502 market. Committee members heard from two people who were available to testify 15 hours after the bill most considered inactive was taken up and passed by WA House members. The WA Senate WM members recommended the legislation without changes after which the bill was passed by the full senate that evening and soon signed by the governor.
  • Some have characterized the late passage of HB 2334 as the “original sin” which authorized the connection of the open hemp sector with the closed 502 system. During the proceedings around the passage of HB 2334, no mention was ever publicly made about the possibility of chemically converting CBD to THCs. But legislators frequently expressed concerns about protecting public health by requiring testing of imported CBD as if it were intended for inclusion in medical cannabis products. At the time, 502 cannabis products were not required to undergo testing for pesticides nor heavy metals - a status quo which remained up until this past Wednesday, and those recent rule changes did not require testing for heavy metals.
  • SB 5983 is a very different bill, but the necessity for its provenance—and six other failed bills this session on the subject—is the harvest of illusions of distinction between different cultivars of the plant Cannabis. Delta-8-THC can be created in many ways from either hemp or marijuana/cannabis cultivars, and the psychotropic/impairing dimensions of that particular molecule were not sufficiently anticipated by federal legislators prior to the construction of the edifice of cannabis prohibition around delta-9-THC. Given the absence of coordinated and coherent federal action or enforcement of cannabis policy, the risk/reward evaluation of many largely unregulated hemp processors has leaned in the direction of undertaking the production, distribution, and sale of a variety of impairing cannabinoid products. Those actions challenge the projects of controlled cannabis legalization shakily undertaken by the states in direct contravention of federal law.
  • While there are surely well capitalized and rigorously staffed hemp and cannabis processors creating and isolating THC isomers for medical and recreational use by adults, there are just as surely poorly capitalized and less rigorously conducted experiments on-going whose untested and partly unknown outputs are accessible to children. While we are not chemists nor lawyers at Cannabis Observer, we’ve learned enough during the past two years to find ourselves advocating for action due to public health and safety concerns - just like nearly every one of the 25 people who testified on SB 5983 on Saturday.
  • But this bill is about far more than public health and public safety (especially considering that revenue generating provisions to fund enforcement were only added after HB 1668 failed). This bill is about plant medicine vs. pharmaceutical drug development. This bill is about the merits of isolating compounds and the hubris which attends the success of science. This bill is about greed and the calculation of risks to the health of innocent people. This bill is about competition and whether a cannabis plant is even necessary to create cannabis products. This bill is about governance and whether we’re better off with a tightly controlled overregulated system for cannabis when many people would just like to grow their own plants at home like tomatoes. This bill is about politics and whether we can trust our elected officials to serve all the citizens of Washington state, or mainly the interests of those with access and favor.
  • It will be an interesting final week at the legislature for many reasons, and this bill is one of them.

Tuesday March 8th

WSLCB - Board Caucus

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

Wednesday March 9th

WSLCB - Executive Management Team

The monthly WSLCB Executive Management Team (EMT) meeting, which normally recurs on second Wednesdays, was rescheduled to March 23rd.

  • [ Event Details ]
  • During his update at the February 22nd Board Caucus, Executive Assistant Dustin Dickson indicated the EMT was rescheduled to alleviate staff workload as the legislative session drew to a close (audio - 3m, video).

Thursday March 10th

WA Legislature - Sine Die

At the close of business on Thursday, the Washington State Legislature would stand adjourned sine die.

WA SECTF - Work Group - Community Reinvestment - Public Meeting

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

Friday March 11th

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 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 occasioned the sixth deadline for (most!) bills to be passed by the opposite chamber.
  • In the final week of the short session, legislators would devote the majority of their time to floor debate and negotiation between the chambers. However, some time would be spent in last-minute committee hearings and executive sessions to move bills as the cutoff calendar allows that “after 5:00pm on the 54th day, only initiatives, alternatives to initiatives, budgets and matters necessary to implement budgets, matters that affect state revenue, messages pertaining to amendments, differences between the houses, and matters incident to the interim and closing of the session may be considered.” 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 - but unlikely to be moved

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 were placed on subsequent action by the WSLCB beyond those already in statute.
  • 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 - Passed Legislature (1)

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: WA Senate RULE pull to WA Senate (Feb 25)
  • Previous Step: second and third reading in WA Senate (Mar 1)
  • Previous Step: signed by Speaker of WA House (Mar 2)
  • Previous Step: signed by President of WA Senate (Mar 2)
  • Next Step: delivery to WA Governor

Cannabis-Related Legislation - Active (7)

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 WM (Feb 26)
  • Previous Step: executive session in WA Senate WM (Feb 28)
  • Previous Step: WA Senate RULE pull to WA Senate floor calendar (Mar 4)
  • Next Step: second and third reading in WA Senate
    • At publication time, Cannabis Observer presumed that the $125M annual appropriation envisioned in this Governor request legislation could qualify this bill as “necessary to implement budgets” (NTIB) thereby providing legislative leadership with the means to exempt the bill from the normal cutoff calendar deadlines.

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: executive session in WA Senate WM (Feb 28)
  • Previous Step: WA Senate RULE package pull to WA Senate floor calendar (Mar 3)
  • Previous Step: second and third reading in WA Senate (Mar 4)
  • Next Step: concurrence or dispute vote in WA House

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 - but unlikely to be moved

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 - but unlikely to be moved

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)
  • Previous Step: executive session in WA House APP (Feb 28)
  • Previous Step: chamber pull from WA House RUL to WA House floor calendar (Mar 2)
  • Previous Step: second and third reading (Mar 4)
  • Next Step: concurrence or dispute vote in WA Senate

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 - but unlikely to be moved

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
  • Previous Step: pro forma introduction and referral to WA Senate WM (Feb 28)
  • Previous Step: public hearing in WA Senate WM (Mar 5)
  • Next Step: executive session in WA Senate WM (Mar 7)
  • Following Step: calendaring by WA Senate RULE or chamber pull
  • Following Step: second and third reading in WA Senate
  • Following Step: introduction and referral in WA House
  • Following Step: public hearing and executive session in ?
  • Following Step: calendaring by WA House RUL or chamber pull
  • Following Step: second and third reading in WA House
  • Following Step: if necessary, concurrence or dispute vote in WA Senate

Cannabis-Related Legislation - Inactive - Opposite House Cutoff (3)

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
  • Last Step: executive session in WA Senate LAW (Feb 17)

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
  • Last Step: chamber pull to WA House floor calendar (Mar 2)

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)
  • Last Step: executive session in WA House PS (Feb 22)

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.”