WA Legislature - Update
(January 16, 2024)

WA Legislature - Update (January 16, 2024) - Takeaways

By the end of Tuesday, Representatives tasked with oversight of the adult-use cannabis market were scheduled to have heard five bills and considered moving two in the first days of the week.

Here are some observations of the Washington State Legislature (WA Legislature) for Tuesday January 16th, the 9th day of the 2024 regular session.

My top 3 takeaways:

  • On Monday, Washington State House Regulated Substances and Gaming Committee (WA House RSG) members heard the testing lab accreditation authority bill and recommended low-dose cannabis beverage legislation out of committee.
    • HB 2151 - “Reassigning the accreditation of private cannabis testing laboratories from the department of ecology to the department of agriculture.”
      • Positions (testifying + not testifying = total)
        • PRO: 5 +7 = 12
        • CON: 0 + 0 = 0
        • OTHER: 0 + 1 = 1
      • Members heard universally supportive testimony on the Washington State Department of Agriculture (WSDA) request legislation to subsume private cannabis testing lab accreditation authority from the Washington State Department of Ecology (DOE), beginning with DOE Environmental Assessment Program Manager Annette Hoffmann.
      • WSDA Cannabis Programs Manager Trecia Ehrlich responded to legislator inquiries clarifying shared enforcement responsibility with the Washington State Liquor and Cannabis Board (WSLCB) and her expectation of on-going development of the Cannabis Lab Analysis Standards Program (CLASP). Ehrlich hinted that the WSDA program may not begin with accreditation standards across all different cannabis product types, and the proposed legislation would help mitigate projected lab accreditation expenses.
      • Harmony Farms Director of Compliance and Government Affairs Lukas Hunter, Confidence Analytics Co-Founder Nick Mosely, and The Cannabis Alliance Executive Director Caitlein Ryan testified in support of the legislation calling for sufficient funding and staffing to ensure the 11th hour switch of accreditation authority was executed successfully and sustainably for the long-term ahead of a July 1st deadline.
    • HB 1249 - “Regarding limits on the sale and possession of retail cannabis products.”
      • Members unanimously recommended legislation on low-dose tetrahydrocannabinol (THC) beverages out of the policy committee,  adopting a proposed substitute which made purely technical changes to align with 2023 law.  As the legislation did not carry a fiscal note, it would be referred to the Washington State House Rules Committee (WA House RUL) for floor calendaring.
  • Senator Jesse Salomon’s companion “high THC” legislation, positioned for referral to a more public health oriented policy committee, was instead directed to the primary cannabis policy committee in the Senate.
    • On Monday, we noted SB 6220 (“Concerning high THC cannabis products”) was scheduled for referral to the Washington State Senate Health and Long Term Care Committee (WA Senate HLTC) rather than the Washington State Senate Labor and Commerce Committee (WA Senate LC), pointing out this had been a goal of advocates for the progenitor legislation who felt Senators overseeing the adult-use cannabis marketplace had been “a very major barrier.”
    • Instead, during its introduction on the Senate floor on Monday, Salomon's bill was referred to the WA Senate LC.
    • On Tuesday, the previously introduced House version of the legislation, HB 2320, was scheduled for its initial public hearing in the WA House RSG, the primary cannabis policy committee in the House.
  • On Tuesday, Senators would likely refer a cannabis tax revenue bill to a different committee before Representatives hosted an ambitious series of public hearings on four cannabis bills and considered moving legislation on popular override of local government prohibitions.
    • 10:30am: WA Senate LC - Committee Meeting
      • Executive Session
        • SB 5404 - “Increasing cannabis revenue distributions to local governments.”
          • While an executive session was scheduled on SB 5404 - no public hearing had been held on the 2023 legislation.  Most likely, this meant members intended to refer the bill to a different committee.
    • 4pm: WA House RSG - Committee Meeting
      • Public Hearings
        • HB 1341 - "Concerning cannabis license ownership."
        • HB 2182 - “Creating a data dashboard to track use of regulated substances.”
          • [ Register Position ]
          • At publication time, a fiscal note was not available on the legislation which the bill analysis summarized as requiring the WSLCB “...to annually publish on its website certain information related to compliance rates, citations issued, information reported to the LCB by other agencies, and the amount of taxes and penalties collected.”
        • HB 2194 - “Legalizing the home cultivation of cannabis.”
          • [ Register Position ]
          • Simplified adult home grow legislation had not received a fiscal note at publication time, but had accrued 11 co-sponsors in addition to both co-chairs of the WA House RSG.
        • HB 2320 - “Concerning high THC cannabis products.”
          • [ Register Position ]
          • At publication time, no fiscal note was available on the legislation which the bill analysis summarized in three parts:
            • “Includes legislative intent related to high-THC cannabis policy and funding, and requires the Department of Health to develop optional training for retail cannabis staff about health and safety impacts of high THC cannabis products.
            • “Increases the minimum legal age of sale of cannabis products with a THC concentration greater than 35 percent, to be age 25, with an exception for qualifying patients and designated providers.
            • “Requires the University of Washington Addictions, Drug & Alcohol Institute (ADAI) to develop and implement guidance and health interventions for health care providers and patients at risk for developing serious complications due to cannabis consumption, with reports to the Legislature, and subject to funding.
      • Executive Session
        • HB 1650 - “Requiring voter approval for local government prohibitions on cannabis businesses.”
          • Heard on Tuesday January 9th, a bill to make cannabis business bans the purview of voters rather than their elected officials drew pushback from local government interests and support from an industry stakeholder.
          • In mid-February 2023, a divided vote along party lines on HB 1650 resulted in a narrow recommendation by WA House RSG members to pass the proposal, which was not advanced further by their peers.