The Week Ahead
(April 10, 2023)

WA Orchard Lands - Big Apples - DDT

Legislators would traverse the final cutoff gateway on Wednesday before sine die while the WSLCB board had a full week of public meetings to reckon with a controversial agency action.

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

Monday April 10th

WA House - Session

On Monday at 9am PT, the Washington State House of Representatives (WA House) planned to convene in session.

  • [ Event Details ]
  • After a lengthy session on Friday April 7th which included passage of the THC legislation by the full House, representatives elected not to convene on Saturday April 8th as previously planned.
  • At publication time, the following cannabis-related bills were available for second reading on the House floor calendar:
    • SB 5069 - “Allowing interstate cannabis agreements.”
      • Representative Sharon Wylie filed a technical amendment aiming to correct “a scrivener's error so that statutes are correctly identified.”
    • SB 5080 - “Expanding and improving the social equity in cannabis program.”
      • At publication time, Representative Kelly Chambers had proposed three amendments to the legislation.
      • Amendment CLOD 254 was described as having the following effects:
        • (1) Modifies the eligibility to be a contractor on the Department of Commerce's roster of mentors to provide technical assistance supporting and advising social equity applicants and licensees who meet social equity applicant criteria, so that a contractor with the required knowledge and experience may be a current cannabis license holder and, if so, would not have to be a business that is at least 51 percent minority or woman-owned.
        • (2) Prohibits contractors who are on the roster of mentors from entering into an ownership agreement with, or having an ownership interest in, a social equity applicant or licensee who the contractor supports and advises, during the period of time the contractor is on the roster of mentors and during the two years immediately after the contractor is on the roster of mentors.
      • Amendment CLOD 256 was described as having the following effects:
        • Requires the Joint Legislative Audit and Review Committee (JLARC) to examine the retail cannabis market, including the total number of licensed cannabis retailers, the distribution of licensed cannabis retailers throughout the state, and the impact on the cannabis market of the issuance and reissuance of cannabis retailer licenses through the current licensing application window open from March 1, 2023, through April 27, 2023, in the Cannabis Social Equity Program (Program). Requires JLARC to include a recommendation on the timing of the issuance of the separate new 52 new cannabis retailer licenses proposed for the Program, to ensure the issuance of the licenses is consistent with market growth, demand, and capacity. Specifies that the up to 52 new cannabis retailer licenses may be issued beginning July 1, 2026, instead of beginning January 1, 2024, and must be issued on a time frame consistent with the recommendation in the JLARC report that is due June 30, 2025. Specifies that the 52 new cannabis retailer licenses may not be issued until all of the cannabis retailer licenses available for issuance or reissuance in the Program's current licensing application window open from March 1, 2023, through April 27, 2023, are issued or reissued.
      • Amendment H-1898.1 was described as having the following effects:
        • Removes the proposed reissuance of previously forfeited, revoked, or canceled cannabis processor and producer licenses to applicants in the Cannabis Social Equity Program (Program). Removes the proposed authorization for the Liquor and Cannabis Board to (with the approval of the Legislature through the passage of a bill) increase the number of cannabis producer licenses in the Program based on census data and annual population estimates.
      • Chambers represented the House Republican Caucus on the Washington State Legislative Task Force on Social Equity in Cannabis (WA SECTF).

WA Senate - Session

On Monday at 10am PT, the Washington State Senate (WA Senate) planned to convene in session.

WA Senate RULE - Committee Meeting

On Monday morning, the Washington State Senate Rules Committee (WA Senate RULE) planned to convene.

  • [ Event Details ]
  • The revised announcement sent on Saturday indicated members would convene “at the Rostrum after the Senate goes at ease for caucus on Monday” to agree to pull three packages of bills (regular, consent, gubernatorial) selected by committee leadership.
  • At publication time, two cannabis bills remained assigned to the rules committee:
    • HB 1563 - “Concerning arrest protections for the medical use of cannabis.”
    • HB 1772 - “Prohibiting products that combine alcohol and tetrahydrocannabinol.”
  • Along with one gubernatorial appointment confirmation:
    • SGA 9317 - “James R. Vollendroff, Member, Liquor and Cannabis Board”

Tuesday April 11th

WA House - Session

On Tuesday at 9am PT, the Washington State House of Representatives (WA House) planned to convene in session.

WA Senate - Session

On Tuesday at 9am PT, the Washington State Senate (WA Senate) planned to convene in session.

WSLCB - Board Caucus

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

  • [ Event Details ]
  • The Tuesday caucus would be the first public meeting of the board members after two significant agency actions towards the end of the prior week:
    • On Friday April 7th, Policy and Rules staff filed and announced their “interpretive statement regarding enforcement of cannabis plant canopy.”
    • On Thursday April 6th, Director of Enforcement and Education Chandra Wax broadcast an announcement to all licensees titled “Notice of Pesticide Contamination in Region of Okanogan County” - which may have been the first communication with 18 licensees that an administrative hold was being placed on their businesses after a six month investigation revealed suspected environmental contamination in or around their production and processing sites for a troubling compound which the State had not previously established action limits on and which therefore was not tested for. The agency enforcement action—and especially the manner in which it was conducted—had already begun to have predictable negative effects throughout the cannabis sector at publication time.
      • As the issue and action were never previously publicly discussed by the board members, it would benefit from their attention and much greater transparency into the reasons why agency staff assumed this was the optimal way to handle an environmental legacy that predates the existence of the regulated cannabis industry in Washington state and which has rather unclear public health ramifications.
      • The Associated Press published an article on the agency action on Friday afternoon which was syndicated around the country.

Wednesday April 12th

WA House - Session

On Wednesday at 9am PT, the Washington State House of Representatives (WA House) planned to convene in session.

WA Senate - Session

On Wednesday at 9am PT, the Washington State Senate (WA Senate) planned to convene in session.

WSLCB - Board Meeting

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

  • [ Event Details ]
    • Wednesday would be the first board meeting where public comment could be offered after the two significant agency actions towards the end of the prior week.

WSDA - Webinar - Hemp Building Materials

On Wednesday at 12pm PT, the Washington State Department of Agriculture (WSDA) planned to host a webinar on hemp building materials.

  • [ Event Details ]
  • The event announcement inquired, “Are you interested in growing hemp for building materials and climate smart solutions? Are you already doing the work? Join us on Wednesday, April 12th at 12pm for a lunch and learn, meet and greet. We will be joined by Ashley Stallworth of BioFiber Industries, who will share his experiences growing hemp and producing hemp insulation and other materials for sustainable building. Join us to introduce yourself and your business, ask questions, and talk about the challenges and opportunities in producing hemp for building materials and climate smart solutions.”

WSLCB - Executive Management Team

On Wednesday at 1:30pm PT, the three-member Board and agency leadership were scheduled to convene their monthly WSLCB Executive Management Team (EMT) meeting.

WA Legislature - Opposite House Cutoff

On Wednesday at 5pm PT, the Washington State Legislature would mark the next cutoff gateway signifying the end of regular work on legislation from the opposite chamber.

  • The cutoff was described as the “Last day to consider (pass) opposite house bills (5 p.m.) (except initiatives and alternatives to initiatives, budgets and matters necessary to implement budgets, differences between the houses, and matters incident to the interim and closing of the session).”
  • At publication time, three cannabis bills remained at heightened risk in the Washington State House Rules Committee (WA House RUL) awaiting a pull to the chamber floor calendar:
    • SB 5340 - “Regarding limits on the sale and possession of retail cannabis products.”
    • SB 5363 - “Concerning cannabis retailer advertising.”
    • SB 5405 - “Modifying the liquor and cannabis board's subpoena authority.”
      • During the WSLCB Board Caucus on Tuesday April 4th, Chair David Postman had to inquire about the status of SB 5405. Director of Legislative Affairs Marc Webster indicated agency staff “had some thinking to do about what the best path forward is on that one” as their Assistant Attorneys General (AAGs) as well as the “Enforcement and Education division is not really happy with where it is” (audio - 2m, video).
  • After Wednesday, each chamber would have until Sunday April 23rd—sine die—to move legislation during the 2023 regular session.

Thursday April 13th

WIDAC - Council Meeting

On Thursday at 9:30am PT, the Washington Impaired Driving Advisory Council (WIDAC) planned to convene.

WA House - Session

On Thursday at 10:30am PT, the Washington State House of Representatives (WA House) planned to convene in session.

WA Senate - Session

On Thursday at 11am PT, the Washington State Senate (WA Senate) planned to convene in session.

Friday April 14th

WA Senate - Session

On Friday at 10am PT, the Washington State Senate (WA Senate) planned to convene in session.

WA House - Session

On Friday at 10:30am PT, the Washington State House of Representatives (WA House) planned to convene in session.

WA Pharmacy Commission Legislative Committee - Public Meeting

On Friday at 12pm PT, the Washington State Pharmacy Quality Assurance Commission Legislative Committee (WA Pharmacy Commission Legislative Committee) was scheduled to convene their weekly public meeting.

Saturday April 15th

WA House - Session

On Saturday at 9am PT, the Washington State House of Representatives (WA House) planned to convene in session.