Three cannabis bills were advanced through the house of origin policy committee gateway before it closed on Friday as fiscal committee members prepared for a dense week of activity.
Here are some observations of the Washington State Legislature (WA Legislature) for Friday February 17th, the 40th day of the 2023 Regular Session.
My top 4 takeaways:
- On Thursday February 16th, members of the Washington State House Regulated Substances and Gaming Committee (WA House RSG) advanced three cannabis bills and asked challenging questions of the social equity bill sponsor.
- HB 1614 - "Concerning the home cultivation of cannabis."
- Prime sponsor and Co-Chair Shelley Kloba seemed to surprise her colleagues by withdrawing an amendment requested by law enforcement, prompting some Republican members to change their votes. But the democratic majority held firm and were joined by Representative Kevin Waters in recommending the bill for passage.
- HB 1650 - "Requiring voter approval for local government prohibitions on cannabis businesses."
- Building on the heat from the home grow surprise, the Republican minority adamantly opposed legislation they viewed as State “preemption by any standard” of the authority of local leaders to ignore the will of the voters in their jurisdictions to institute bans and moratoriums on the siting of cannabis businesses. The Democrats passed the bill anyhow.
- HB 1822 - “Concerning complimentary products provided by short-term rental operators to guests.”
- Legislation to authorize short-term rental operators to offer a pre-roll to each of their adult guests was introduced, heard, amended, and recommended out of committee in less than a week. Republicans Jim Walsh and Waters voted with the majority on this bill.
- HB 1790 - “Expanding and improving the social equity in cannabis program.”
- Deep questions were asked of Representative Debra Entenman about her legislation aiming to improve the social equity licensure program at the Washington State Liquor and Cannabis Board (WSLCB). While the bill would likely remain in the policy committee, representatives may eventually be asked to consider its senate companion, SB 5080, making its way through that chamber.
- HB 1614 - "Concerning the home cultivation of cannabis."
- Friday occasioned the first cutoff of the 2023 regular session, when most legislation had to be through its policy committee gateway to continue being advanced.
- The cutoff calendar indicates February 17th is the “Last day to read in committee reports (pass bills out of committee and read them into the record on the floor) in house of origin, except House fiscal committees and Senate Ways & Means and Transportation committees.”
- However, legislation can be declared "necessary to implement budgets" (NTIB), an informal procedure leadership can exercise around any bill with a fiscal impact. The criteria for NTIB status and the decision making around the designation hadn’t been set in law or rule, allowing for a bypass of the deadlines agreed to by both chambers through the legislative process.
- On Saturday February 18th, members of the Washington State Senate Ways and Means Committee (WA Senate WM) planned to host a public hearing on the WSLCB THC bill.
- SB 5367 - "Concerning the regulation of products containing THC."
- As fiscal committees were granted one dedicated week to consider and move bills in their house of origin before the next cutoff on Friday February 24th, members planned to convene on Saturday as well as every day next week to undertake work.
- The WSLCB request legislation to fundamentally alter cannabis definitions and proscribe the scope of hemp products in the open market was listed third on the committee agenda for the Saturday meeting scheduled to begin at 9am PT.
- SB 5367 - "Concerning the regulation of products containing THC."
- And WA Senate WM members announced their agenda for Monday February 20th which specified activity on four other cannabis bills.
- SB 5546 - “Establishing a Washington state cannabis commission.”
- Members planned to host a public hearing on legislation to establish an agricultural research commission for cannabis producers, listed 21st among 27 bills up for hearings on that day. On February 9th, members of the Washington State Senate Labor and Commerce Committee (WA Senate LC) listened to divided testimony on the merits of the bill.
- At publication time, the House companion HB 1581 had not been advanced by its policy committee.
- SB 5377 - “Concerning cannabis license ownership.”
- Senators then planned to host a hearing on the out-of-state ownership and “inactive” producer suspension bill, legislation which also elicited divided testimony on February 9th in WA Senate LC.
- At publication time, the House companion HB 1341 had not been advanced by its policy committee.
- SB 5080 - “Expanding and improving the social equity in cannabis program.”
- After hearing the social equity legislation on Monday February 13th, members planned to host an executive session on the bill one week later.
- At publication time, there were no published amendments.
- SB 5376 - “Allowing the sale of cannabis waste.”
- Also heard on February 13th, legislation to enable producers to do something other than waste time, energy, and money turning leftover cannabis plant matter into waste destined for the dump would receive an executive session on Monday.
- At publication time, there were no published amendments.
- SB 5546 - “Establishing a Washington state cannabis commission.”