Agency leaders talked about progress towards a social equity program, Canadian research on cannabis use and access, and various outreach engagements.
Here are some observations from the Wednesday August 10th Washington State Liquor and Cannabis Board (WSLCB) Executive Management Team (EMT) meeting.
My top 3 takeaways:
- Staff provided a briefing on several social equity changes in rules, disproportionately impacted areas (DIAs), training opportunities, prioritization of applications, and media engagements.
- Director of Licensing Becky Smith referred to the social equity rulemaking project as “just a start” towards what her division was doing on the subject (audio - 7m, WSLCB video, TVW video).
- They had partnered with staff at the Washington State Department of Commerce (WA Commerce) on a program covering “technical assistance model courses" that were on track to “go live in September.” The department would also begin accepting applications for their mentor roster, she explained, and a list of accepted mentors was planned for release in January 2023. WA Commerce staff would also be able to assist applicants with the required social equity plan, reported Smith, and regular meetings between the agencies continued.
- A technical assistance grant program was included in the law establishing the social equity retail program at WSLCB along with the Washington State Legislative Task Force on Social Equity in Cannabis (WA SECTF).
- WA Commerce representatives briefed a work group on the program in June 2021, and a new appointee responded to questions at a full task force meeting on June 28th.
- Speaking about the creation of maps of disproportionately impacted areas (DIAs) by researchers at the University of Washington (UW), Smith discussed meeting with task force members and UW staff on August 4th. Researchers informed the group they were missing “conviction data” from King County, she relayed, and wanted to make changes to the formula. Smith attributed delayed completion of DIA maps to these issues, suggesting staff were “crossing our fingers” that task force members would agree after a UW briefing to WA SECTF on August 23rd. If that group didn’t approve changes, “we will be moving forward with the recommendations from licensing division on making those changes, it will open up more areas” as DIAs, something she called “the best path forward” without explaining whether/how licensing recommendations differed from the changes sought by UW representatives.
- DIAs are loosely defined by high-level criteria set in statute that UW researchers used to create a more specific formula to produce the maps. The researchers were also responsible for obtaining the data needed to operationalize the formula.
- The statute does permit DIAs to “be further defined in rule by the board after consultation with the commission on African American affairs and other agencies, commissions, and community members.”
- An updated agenda for the August 23rd WA SECTF meeting removed the DIA briefing and possible action.
- Smith’s team was also planning for equity applicant training by way “of live workshops” conducted virtually “and recorded videos." She said they’d be reaching out to potential facilitators to run the trainings, and would communicate with community stakeholders and WA Commerce officials about why trainings shouldn’t be run by WSLCB staff.
- A request for proposals (RFP) for a third-party vendor to prioritize social equity applicants was released the previous week, Smith noted, with additional distribution through the Washington State Office of Minority & Women's Business Enterprises (OMWBE) and the Washington State Procurement Technical Assistance Center (WA PTAC). The RFP contained an anticipated contract start date of September 30th and Smith reported that they’d conducted a “pre-proposal conference” which drew three participants. Bids from vendors would be due by August 26th, she continued, and staff would determine an “apparent successful bidder” on September 9th.
- Staff were drafting a “how to guide for those 40 applicants who are selected to go through” the equity application window, stated Smith, and it would be posted online to help applicants “understand the next steps in the licensing process.”
- Board Chair David Postman looked for clarification on the difference between the WA Commerce and WSLCB training, which Smith distinguished as a "how to develop your business" course from Commerce, while WSLCB training was on "how do you apply for a license" covering “working with the local authorities,” paperwork, leases, and other details. Postman thought that training sounded “robust” (audio - 2m, WSLCB video, TVW video).
- They had partnered with staff at the Washington State Department of Commerce (WA Commerce) on a program covering “technical assistance model courses" that were on track to “go live in September.” The department would also begin accepting applications for their mentor roster, she explained, and a list of accepted mentors was planned for release in January 2023. WA Commerce staff would also be able to assist applicants with the required social equity plan, reported Smith, and regular meetings between the agencies continued.
- Director of Communications Brian Smith said Board Member Ollie Garrett would be sitting for an interview on social equity with a “Seattle TV station…in the next two weeks or so.” Rule language revisions due to HB 1210—changing mentions of ‘marijuana’ to ‘cannabis’---resulted in rulemaking to implement that bill adopted on July 6th which Smith felt had been comprehensive. He remarked that staff were updating wording across the agency website, but wouldn’t alter previous press releases “for legacy reasons, for historical reasons” after WSLCB was given authority for cannabis through Initiative 502. Smith added that a few rule sections hadn’t been changed, but was told by Policy and Rules Manager Kathy Hoffman that the reason was “because we have an open rulemaking” that precluded other edits to those sections until a rulemaking project was complete. Equity information on the agency website was continuing to be updated, he concluded, and would continue as his “top priority” as they prepared for an application licensing window (audio - 5m, WSLCB video, TVW video).
- Hoffman addressed the challenge of overlapping rulemaking projects on August 16th.
- Director of Policy and External Affairs Justin Nordhorn brought up his involvement in the WA SECTF work group on production regulation, acknowledging reservations about some of the group’s potential recommendations on “general business type of impacts.” He also made a passing mention of WSLCB social equity request legislation (audio - 1m, WSLCB video, TVW video).
- Director of Licensing Becky Smith referred to the social equity rulemaking project as “just a start” towards what her division was doing on the subject (audio - 7m, WSLCB video, TVW video).
- Cannabis use and access research from the University of Waterloo was mentioned by staff who promised more data analysis to determine what was applicable to Washington’s cannabis sector.
- Brian Smith said that Public Health Education Liaison Mary Segawa had approached members of the management team to talk about findings of researchers at the university that involved data he called “insightful and some of the things that we haven’t had access to.” Director Rick Garza was working with Smith and Segawa to isolate “key analyses from that” which would be publicly released and dealt with “legalization overall, which I saw some very positive things” regarding “usage” as well as “where people access” cannabis. While as much as 90% of access was through the legal market, an unlicensed market “for people under the age of 21” remained viable. Smith remarked that the original market analysis from BOTEC in 2013 had “baked that in” (audio - 2m, WSLCB video, TVW video).
- Read the complete research article “Perceived access to cannabis and ease of purchasing cannabis in retail stores in Canada immediately before and one year after legalization” published on February 14th in the The American Journal of Drug and Alcohol Abuse. The study focused on Canadian cannabis consumers, finding that most “consumers and non-consumers perceived access to cannabis as 'easy' before legalization and the percentage increased one year after legalization.”
- Find out more about the university’s cannabis research, their long-term longitudinal study on Cannabis use, Obesity, Mental health, Physical activity, Alcohol use, Smoking, Sedentary behaviour (COMPASS), and other cannabis media reports and research in which the university was involved:
- Tobacco Use in Canada: Cannabis supplement (2017)
- Surge in cannabis use among youth preceded legalization in Canada (2019)
- Trends in youth cannabis use across cannabis legalization: Data from the COMPASS prospective cohort study (2021)
- Study says Canada can become the Napa Valley of cannabis tourism (2022)
- Reasons for Purchasing Cannabis From Illegal Sources in Legal Markets: Findings Among Cannabis Consumers in Canada and U.S. States, 2019–2020 (2022)
- Nordhorn commented that data “jumped out” at him, and they were reviewing gaps that would need to be explained if the information was going to be relevant for the agency or public (audio - <1m, WSLCB video, TVW video).
- Board Member Jim Vollendroff complimented the work of Smith’s team (audio - <1m, WSLCB video, TVW video). Postman asked if he’d seen the University of Waterloo research, which covered “medical use as well,” and Vollendroff replied that he wasn’t certain but would seek out a copy (audio - <1m, WSLCB video, TVW video). Vollendroff believed that reviewing research and data was important, as there was “incredible work” happening at the local and university levels which could help “advance the work that we’re doing” (audio - 1m, WSLCB video, TVW video).
- In September 2021, WSLCB arranged contract K1522, a sole source agreement with the University of Waterloo for data from Washington state, a research report, and additional analysis from the International Cannabis Policy Study (ICPS).
- A 2020 research article on the impacts of legalization from the ICPS observed “substantial differences in cannabis use in jurisdictions with different regulatory frameworks for cannabis. Future waves of the study will examine changes over time in cannabis use and its effects associated with legalization in Canada and additional US states.”
- Brian Smith said that Public Health Education Liaison Mary Segawa had approached members of the management team to talk about findings of researchers at the university that involved data he called “insightful and some of the things that we haven’t had access to.” Director Rick Garza was working with Smith and Segawa to isolate “key analyses from that” which would be publicly released and dealt with “legalization overall, which I saw some very positive things” regarding “usage” as well as “where people access” cannabis. While as much as 90% of access was through the legal market, an unlicensed market “for people under the age of 21” remained viable. Smith remarked that the original market analysis from BOTEC in 2013 had “baked that in” (audio - 2m, WSLCB video, TVW video).
- Officials reviewed other engagements by agency leaders to lobby for federal cannabis banking reforms, conduct outreach to medical cannabis patients, and special committee work with the Cannabis Regulators Association (CANNRA).
- Brian Smith spoke about his work with U.S. Cannabis Council (USCC) members for advertising on the SAFE Banking Act, conveying that in May USCC staff visited WSLCB to help create talking points and film Director of Enforcement and Education Chandra Brady, who then attended a USCC-sponsored congressional briefing event in Washington, D.C. in July. That event focused on getting SAFE Banking Act language “passed before the August recess,” he commented, and included the father of Jordan Brown, a Tacoma budtender killed during a robbery in March, as well as retail store owners. Smith credited Brady with describing their efforts to reduce occurrence of the crimes and his own liaising with other state and federal officials (audio - 3m, WSLCB video, TVW video).
- The Association for Cannabis Health Equity and Medicine, a USCC member, resigned from the group on August 17th, alleging “increasing influence of corporate cannabis priorities...that has continually overshadowed or siloed equity-focused recommendations." USCC released a statement that they were “disappointed” by the group’s decision, vowing to work to “bridge divides and unite the cannabis industry and reform movement” in pursuing federal reforms.
- Nordhorn talked about "more outreach to the medical cannabis community" he’d engaged in “locally, and nationally” to see what was effective in other states’ medical cannabis systems and what patients in Washington thought of them. Compared with other programs, he recognized “we don't have a robust register in the state where a lot of” patients were participating, and estimated there were “around 13,000 people” in the Washington State Department of Health (DOH) registry. Nordhorn’s rough estimate for the total number of patients “based on population and comparable numbers that other states utilize” was that there would be between 80,000-85,000 patients in Washington. He claimed the registry had a “decrease of 7.8% use” between 2019 and 2020, and “another 5.4% decrease” between 2020 and 2021 and remarked that he was looking at partnering with DOH staff and lawmakers to make “some of these…systems meet the intended goals” of past legislation (audio - 2m, WSLCB video, TVW video).
- Postman endorsed Nordhorn’s work on “the medical piece” which had been a stated priority of the board for years, and part of the WSLCB Strategic Plan. He offered to help Nordhorn “advance it as best we can” (audio - 1m, WSLCB video, TVW video).
- Nordhorn also brought up CANNRA special committees, indicating he was part of a team “trying to put together an explainer” for the general purpose of “what does hemp look like in the current state, and what does it mean based on that 0.3% [tetrahydrocannabinol] THC on a dry weight basis.” Their intention, he said, was to find “what’s appropriate, and what’s not, for regulation,” which was why the drafted THC regulation request bill from WSLCB had “a cutoff similar to alcohol” for regulators to measure what products would be permitted. Nordhorn acknowledged studies staff had seen “talking about the lowest observable adverse effect levels, and the no observable adverse effect levels of THC” and felt their draft bill “fits right in there very nicely” (audio - 2m, WSLCB video, TVW video).
- Written comments on the draft WSLCB request legislation can be submitted by email until August 25th.
- On August 9th, it was announced that Andrew Brisbo, the executive director of the Michigan Cannabis Regulatory Agency and the President of CANNRA, would be leaving the agency. At publication time, Oregon Liquor and Cannabis Commission (OLCC) Executive Director Steven Marks had been identified as CANNRA President-elect.
- Brian Smith spoke about his work with U.S. Cannabis Council (USCC) members for advertising on the SAFE Banking Act, conveying that in May USCC staff visited WSLCB to help create talking points and film Director of Enforcement and Education Chandra Brady, who then attended a USCC-sponsored congressional briefing event in Washington, D.C. in July. That event focused on getting SAFE Banking Act language “passed before the August recess,” he commented, and included the father of Jordan Brown, a Tacoma budtender killed during a robbery in March, as well as retail store owners. Smith credited Brady with describing their efforts to reduce occurrence of the crimes and his own liaising with other state and federal officials (audio - 3m, WSLCB video, TVW video).
Information Set
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Agenda - v1 [ Info ]
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Complete Audio - Cannabis Observer
[ InfoSet ]
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Audio - Cannabis Observer - 00 - Complete (1h 31m 54s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 01 - Welcome - David Postman (16s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 02 - Executive Session (50s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 03 - Executive Session - Recess (16s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 04 - Update - DEI - Jim Weatherly (8m 39s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 05 - Update - DEI - Jim Vollendroff (1m 23s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 06 - Update - DEI - Question - Public Engagement - David Postman (54s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 07 - Update - DEI - Question - Strategic Plan - David Postman (32s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 08 - Update - DEI - Comment - Jim Vollendroff (36s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 09 - Update - DEI - Question - Tough Conversations - David Postman (1m 18s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 10 - Update - DEI - Comment - Jim Vollendroff (51s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 11 - Update - Agency - Toni Hood (5m 16s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 12 - Update - Agency - Question - Employee Survey - David Postman (27s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 13 - Update - Enforcement and Education - Chandra Brady (1m 20s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 15 - Update - Enforcement and Education - Chandra Brady (45s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 17 - Update - Enforcement and Education - Chandra Brady (3m 57s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 19 - Update - Enforcement and Education - Chandra Brady (9m 1s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 21 - Update - Enforcement and Education - Comment - Jim Vollendroff (1m 52s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 22 - Update - Legislative Affairs - Agency Request Legislation - Chris Thompson (2m 22s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 26 - Update - Legislative Affairs - SB 5051 - Chris Thompson (3m 12s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 27 - Update - Legislative Affairs - Comment - David Postman (11s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 28 - Update - Licensing - Becky Smith (3m 50s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 29 - Update - Licensing - Cannabis - Becky Smith (6m 51s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 30 - Update - Licensing - Question - Social Equity Training - David Postman (1m 33s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 31 - Update - Licensing - Question - SMP - Jim Vollendroff (2m 18s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 32 - Update - Communications - Brian Smith (5m 11s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 33 - Update - Communications - USCC - Brian Smith (3m 23s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 34 - Update - Communications - University of Waterloo Research - Brian Smith (1m 55s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 35 - Update - Communications - Comment - Jim Vollendroff (11s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 36 - Update - Policy - Justin Nordhorn (5m 3s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 37 - Update - Policy - Medical Cannabis - Justin Nordhorn (2m 14s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 39 - Update - Policy - WA SECTF - Justin Nordhorn (45s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 40 - Update - Policy - CANNRA - Justin Nordhorn (2m 15s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 41 - Update - Policy - Comment - David Postman (36s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 42 - Update - Policy - Comment - Jim Vollendroff (30s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 44 - Update - Jim Vollendroff (1m 3s; Aug 10, 2022) [ Info ]
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Audio - Cannabis Observer - 45 - Wrapping Up - David Postman (18s; Aug 10, 2022) [ Info ]
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