WA Legislature - Update
(April 18, 2023)

Six cannabis bills had been passed by the Legislature including the far reaching THC legislation, leaving only one clearly active cannabis bill in dispute in the House.

Here are some observations of the Washington State Legislature (WA Legislature) for Tuesday April 18th, the 100th day of the 2023 Regular Session.

My top 3 takeaways:

• On Monday April 17th, the Washington State Senate (WA Senate) voted to concur with House changes to the THC bill, and passed the legislation.
  • SB 5367 - “Concerning the regulation of products containing THC.”
  • Senator June Robinson, the prime sponsor, offered supportive remarks on amendments incorporated into the legislation by the other chamber (audio - 1m, video).
    • Robinson stated, “The House continued working on this bill that takes unregulated products with THC that are harmful to youth out of the open market and into the regulated cannabis market. And, they did a good job of working with stakeholders and bringing everybody together to a bill that is mostly agreed to. This is important public health policy that I’m glad we got to the finish line this year, I urge concurrence.”
  • In supporting concurrence, Senator Curtis King noted the shift from allowing zero THC in products outside of the 502 regulated marketplace to “trace amounts” because the language unanimously passed by senators would have been “almost impossible” to implement (audio - 1m, video).
  • On voice vote, the Senate concurred with the House amendments to SB 5367.
  • On final passage, only one person voted against the bill: Senator Drew MacEwen.

• Also on Monday, the Washington State House (WA House) accepted the Senate request to form a conference committee to negotiate the biennium operating budget and appointed three members, two Democrats and one Republican, to represent the chamber.
  • SB 5187 - "Making 2023-2025 fiscal biennium operating appropriations.”
  • The Chair, a Vice Chair, and Ranking Minority Member of the Washington State House Appropriations Committee (WA House APP) were appointed to represent the House and their caucuses in the conference committee.
    • Representative Timm Ormsby
    • Representative Steve Bergquist
    • Representative Drew Stokesbary

• On Tuesday, legislators would continue on the home stretch towards sine die on Sunday April 23rd.
  • The Washington State Senate planned to convene at 10am on Tuesday.
    • All cannabis bills available to senators for concurrence with House changes had been passed by the body.
  • The Washington State House planned to convene on Tuesday at 10:30am PT.
    • All cannabis bills available to representatives for concurrence with Senate changes had been passed by the body.
    • One cannabis bill was in dispute and available for representatives to consider withdrawing their amendments or requesting a conference committee after the Senate refused to accept House changes.
      • SB 5123 - “Concerning the employment of individuals who lawfully consume cannabis.”
  • 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 cutoff calendar which is agreed to by both chambers through the legislative process.
  • Sunday April 23rd would occasion sine die, the end of the regular session, described as the “Last day allowed for regular session under state constitution.”