The winnowing of bills through the first cutoff on Wednesday was underway, and some legislation had been greatly revised to continue forward momentum.
Here are some observations of the Washington State Legislature (WA Legislature) for Tuesday January 30th, the 23rd day of the 2024 regular session.
My top 4 takeaways:
- On Monday, senators heard positive testimony on SB 6133, “Deterring robberies from cannabis retail establishments” in the Washington State Senate Law and Justice Committee (WA Senate LAW).
- Positions (testifying + not testifying - duplicates = total)
- PRO: 3 + 42 - 0 = 45
- CON: 0 + 2 - 0 = 2
- OTHER: 0 + 1 - 0 = 1
- Washington CannaBusiness Association (WACA) Deputy Director and Associate Lobbyist Brooke Davies led testimony in support of legislation to create a mandatory 12-month sentencing enhancement for those convicted of robbing cannabis businesses using vehicles to breach or damage buildings or in concert with accomplices. The bill would also require retailers to report robberies to the Washington State Liquor and Cannabis Board (WSLCB) and require agency enforcement to share information and coordinate with the Washington State Patrol (WSP).
- WSLCB staff filed a fiscal note after the hearing including an Enforcement and Education Division expenditure estimate.
- Senator Lynda Wilson published an amendment hoping to similarly enhance sentences for those attempting burglary of firearms dealers.
- An executive session on the legislation was scheduled for Tuesday January 30th.
- Positions (testifying + not testifying - duplicates = total)
- Also on Monday, representatives amended and moved three cannabis bills out of the Washington State House Regulated Substances and Gaming Committee (WA House RSG) after a proposed substitute on the “high THC cannabis products” legislation and new amendments on the other bills were published earlier that morning.
- HB 2182 - “Creating a data dashboard to track use of regulated substances.”
- An amendment to legislation requiring the WSLCB to create and maintain a public-facing data dashboard was published by the prime sponsor, Representative Kristine Reeves, intended to address several concerns that were raised during public testimony on January 16th.
- After incorporating the amendment, members unanimously recommended the legislation out of committee by voice vote.
- While the multi-agency fiscal note indicated the Washington State Health Care Authority (WA HCA) anticipated absorbing any costs into existing resources and WSLCB didn’t hazard a guess (but acknowledged “complexity and resources needed can vary wildly and require significant investment”), the Washington State Department of Health (DOH) specified explicit staffing and contractual costs which would almost certainly send the legislation to a fiscal committee for review.
- HB 2194 - “Legalizing the home cultivation of cannabis.”
- On Monday morning, a third amendment by Representative Greg Cheney was published on the home grow bill which appeared to be a compromise between his initial two suggested edits. The revised approach aimed to cut down the allowed plant count from six to four, and from 15 plants to 10 allowed per household. It would also preclude law enforcement from seizing entire gardens of violators, instead limiting destruction to the overage.
- During the executive session, Cheney withdrew his two prior amendments and Co-Chair Shelley Kloba acknowledged his work with her as the prime sponsor to achieve a compromise. The amendment was unanimously adopted in a voice vote.
- On final passage, Reeves stridently voiced her opposition to the legislation as written (audio - 3m, video - TVW) and joined three Republicans in opposing the bill (Minority Caucus Vice Chair Kelly Chambers, Minority Caucus Vice Chair Eric Robertson, and Representative Michelle Caldier). The substitute 2024 home grow bill was recommended out of committee 7-4-0.
- A final fiscal note on the original text of HB 2194 was published on Monday morning in which WSLCB staff predicted modest expenses, and the legislation would almost certainly be referred to the Washington State House Appropriations Committee (WA House APP) where its predecessors had typically encountered staunch opposition.
- HB 2320 - “Concerning high THC cannabis products.”
- A proposed substitute on HB 2320 by Co-Chair Sharon Wylie was published on Monday morning (see a side-by-side comparison with the original bill language). The summarized effects were described as:
- “Changes and removes intent language. Adds representatives of licensed cannabis businesses to the people who the Department of Health (DOH) must consult with when developing the optional training for cannabis retail staff.
- “Adds a requirement for cannabis retailers to post a conspicuous notice at the point of sale with information about: (1) the potential health risks and adverse health impacts that may be associated with the consumption of high-THC cannabis; (2) the potentially much higher risks that may be present for younger persons under age 25 as well as for persons who have or are at risk for developing certain mental health conditions or psychotic disorders; and (3) where to find help in case of negative effects and resources for quitting or reducing cannabis consumption. Requires the DOH to develop the content for the notice to be provided to cannabis retailers and specifies minimum content requirements.
- “Removes the increase of the minimum legal age of sale of cannabis products with a THC concentration greater than 35 percent, and removes references to penalties for violating that proposed requirement. Removes the the Governor's proposed authorization to consult with federally recognized Indian tribes regarding raising the minimum legal age of sale of cannabis products with a THC concentration greater than 35 percent.
- “Removes the University of Washington from leading the development, implementation, testing, and evaluation of guidance and health interventions for health care providers and patients and for use by state poison control and recovery hotlines. Directs the Health Care Authority to issue a request for proposal to contract with an entity for this work (subject to appropriation). Adds data gathering on adverse health impacts to the scope.”
- In her remarks, Wylie acknowledged, “this was a hard one for me” and spoke about her review of available data and studies which led her to the conclusion that more effort was needed to achieve the level of certainty claimed in the original bill’s language of intent. However, from her perspective if any of the data showed harm to young people, she felt a bill was necessary (audio - 3m, video - TVW).
- The substitute legislation was passed out of committee in a 9-2 vote, with Representatives Robertson and Cheney voting not to recommend the bill.
- A final fiscal note on HB 2320 (not the substitute) was published on Monday morning which added not-insubstantial estimated expenses from DOH on the order of $1M total through fiscal year (FY) 2029. The bill would almost certainly be referred to a financial committee for review.
- A proposed substitute on HB 2320 by Co-Chair Sharon Wylie was published on Monday morning (see a side-by-side comparison with the original bill language). The summarized effects were described as:
- At the end of the meeting, Kloba confirmed the WA House RSG would not meet on Tuesday, effectively stranding ten cannabis-related House bills.
- HB 2182 - “Creating a data dashboard to track use of regulated substances.”
- In contrast to the sweeping revisions incorporated into the House version of the “high THC” bill, the changes in a proposed substitute on SB 6220, the Senate companion up for consideration on Tuesday, were more modest.
- Heard on January 22nd in the Washington State Senate Labor and Commerce Committee (WA Senate LC), testimony on the Senate bill on cannabis concentrates was similar to the House counterpart, but some new points were made after the sponsor, Senator Jesse Salomon, raised the specter of Reefer Madness.
- Senator Drew Hansen published his proposed revision to the legislation on Saturday January 27th (see a side-by-side comparison), which was described as having the following effects:
- “Requires the Liquor and Cannabis Board to define high THC products by July 1, 2026.
- “Modifies the ban on sales to persons under age 25 of cannabis products to those products with high THC concentrations beginning July 1, 2027 (rather than banning the sale to persons under age 25 of cannabis products with THC concentration greater than 35 percent upon the effective date of the Act in the original bill).”
- WA Senate LC members were scheduled to consider amending and moving SB 6220 on Tuesday morning.
- On Tuesday—the day before the House of Origin Policy Committee Cutoff—three cannabis-related bills were scheduled for executive sessions and the Washington State Senate Rules Committee (WA Senate RULE) planned to convene.
- 10:30am: WA Senate LC - Committee Meeting [ Event Details ]
- 10:30am: WA Senate LAW - Committee Meeting [ Event Details ]
- Executive Session
- SB 6133 - “Deterring robberies from cannabis retail establishments.”
- Executive Session
- 1pm: WA Senate RULE - Committee Meeting [ Event Details ]
- Announced on Monday afternoon, senators would have one member pull in addition to approving the selection of bills in gubernatorial and consent packages.
- At publication time, six cannabis-related bills were eligible for calendaring:
- 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.”
- SB 5546 - “Establishing a Washington state cannabis commission.”
- SB 5791 - “Concerning the evaluation of the effectiveness of oral fluid roadside information in the enforcement of driving under the influence laws.”
- SB 6271 - “Modifying the cannabis excise tax to consider THC concentration.”