WA House - Session
(April 7, 2023) - SB 5367 - Second and Third Reading

[ Event Details ]

The full House incorporated changes to THC legislation designed in committee and passed the measure, but only after formally ‘reconsidering’ their vote.

Here are some observations from the Friday April 7th Washington State House of Representatives (WA House) Session.

My top 3 takeaways:

  • SB 5367, “Concerning the regulation of products containing [tetrahydrocannabinol] THC,” was brought up for consideration by the House, but not before one more change involving the legislation’s applicability to tribal governments which had already entered into cannabis compacts with the state.
  • When the bill was moved to third reading, members provided their final remarks on the need to protect youth before a vote indicated overwhelming support by the chamber.
    • Representative Sharon Wylie, mused that “as always, human ingenuity moves faster than government,” and the “purpose of this bill [was] to stop THC-containing gummies from being sold to everybody who wants them in convenience stores.” She observed that although federal authorities had “not moved on our market here…they have come a long way in the market of hemp” and policymakers were realizing that “THC can be produced out of hemp.” She felt members of both chambers had worked together “and within our own body to come up with a way to thread the needle of protecting people and protecting our market in a good way, a healthy way, and to respect the hemp industry, which we all support. We didn't quite get there.” Nonetheless, Wylie argued there was a necessity in protecting children and others “in our communities from consuming products that may contain an unexpected amount of THC” (audio - 2m, video).
    • Chambers called for a yes on the bill, noting that subsequent to “federal legalization of hemp…many products containing intoxicating THC [were] being sold in the marketplace, which is outside of the [Initiative] 502 regulated system.” Because hemp “products that are being created…really mimic the things that you would find at a 502 cannabis store,” she wanted the law to limit those items’ availability. She stressed that CHABA products would remain available, and with new language “recognizing [tribal] sovereignty, that they would also continue to sell those products in their regulated stores like the rest of the cannabis-derived THC products.” Chambers wanted to stop anyone under 21 from “having access to…gummies with shockingly high amounts of THC in them just available at the cash register at your local gas station. We've seen instances over and over again of kids overdosing on these products” (audio - 2m, video).
    • Representative Jim Walsh, agreed with the sentiments expressed by Wylie and Chambers, but explained he would be opposing SB 5367 as he was under the impression the policy was “not fully baked, I am not confident that the policy as structured is going to be as effective as we hope it would be in preventing minors” from accessing products with THC. Though he did appreciate an “effort to try to move these products into the well-regulated I-502 retail space…I'm not convinced that the policy as drafted is going to do that completely.” Walsh thought “too often we pass policy that means well but is not fully developed. This bill is only one example of that, and it may not even be the worst example,” but he felt “it hurts the hemp industry, which is a burgeoning industry that we hope to encourage in this state” and lawmakers needed to “think through the consequences, intended and unintended, of the bills we pass, and I believe this bill—well-intended—is not there yet” (audio - 2m, video).
    • A roll call vote was done, and the bill was passed 93-3 with two members excused. Bronoske asked if any member wanted to change their vote, but only Walsh, and Representatives Joel McEntire and Melanie Morgan voted ‘no’ (audio - 1m, video).
      • In WA House RSG, Morgan had described herself as having “very soft” opposition to the bill out of the belief it had been crafted over the “exclusion” of the hemp industry.
  • In a rare instance of legislative “reconsideration,” representatives took another vote on SB 5367, with the opposition to the measure growing to six, though the vast majority of members affirmed their support for passing the bill.
    • Lawmakers had moved onto other legislation when a legislative staffer briefly conversed with Bronoske and someone on the floor who wasn’t on video. Bronoske then declared that “with the consent of the house, the house will immediately reconsider the vote” on SB 5367 (audio - <1m, video).
      • According to the overview of the legislative process for third readings: "Under certain circumstances, the chamber may decide to reconsider the vote that was taken; in that case, the chamber has twenty-four hours to make a motion to reconsider the bill.” which allowed the chamber to “vote again on a question previously decided by the body.”
    • The reconsideration vote on final passage of the bill as amended by the members resulted in 90-6 in support, with Representatives Suzanne Schmidt and Bruce Chandler, both Republicans, joined by Democrat Sharlett Mena in opposing the measure. Bronoske declared the legislation had passed WA House “on reconsideration” (audio - 1m, video).
    • Due to the changes to SB 5367, senators would need to either vote to concur with the WA House version of the bill, or reject the changes and go to a conference committee“to discuss specific differences of opinion between the House and Senate” along with any different language. A resulting conference committee report would have negotiated language and “Both houses must adopt the conference committee report for the bill to pass the Legislature.”

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