WA Legislature - Update
(January 31, 2024)

WA Legislature - Update (January 31, 2024) - Takeaways

Having arrived at the first cutoff deadline of the 2024 regular session, several cannabis-related bills had made it through the gateway - but very few were well positioned for the next.

Here are some observations of the Washington State Legislature (WA Legislature) for Wednesday January 31st, the 24th day of the 2024 regular session.

My top 4 takeaways:

  • Also on Tuesday, the Washington State Senate Labor and Commerce Committee (WA Senate LC) advanced a cannabis labor bill and a substitute version of the “high THC cannabis products” legislation.
    • SB 5662 - "Creating the cannabis employee job retention act."
      • Heard in February 2023, proponents of a 2022 Seattle law on cannabis worker retention policies backed legislation expanding the mandate, but business associations warned against singling out one industry.
      • During the executive session, prime sponsor and Majority Caucus Vice Chair Rebecca Saldaña promised changes to the bill were imminent, but had not been drafted in time for consideration.  Ranking Member Curtis King expressed his concern that the State government shouldn't play a role supporting worker retention during business sales and license transfers.
      • The legislation was recommended by all of the committee members with the exception of King.  Although the latest fiscal note indicated the bill could have been referred to WA Senate WM for financial review, members sent the bill directly to the Washington State Senate Rules Committee (WA Senate RULE) for calendaring.
    • SB 6220 - “Concerning high THC cannabis products.”
      • 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 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).”
      • During the executive session, Hansen’s proposed substitute was unanimously adopted.  Chair Karen Keiser and King spoke on the bill, both agreeing the legislation needed more work and would be changed down the road.
      • Members supported recommendation of the legislation to WA Senate WM with the exception of Republican Leader John Braun, Senator Mark Schoesler, and Senator Drew MacEwen.
  • Leadership in the Washington State Senate Rules Committee (WA Senate RULE) agreed to calendar two cannabis bills during their Tuesday meeting, positioning retail advertising and potency tax study legislation for floor activity as early as Wednesday afternoon.
    • SB 5363 - “Concerning cannabis retailer advertising.”
    • SB 6271 - “Modifying the cannabis excise tax to consider THC concentration.”
    • The bills were included among the regular package pulls committee members agreed to, and joined SB 5377 (“Concerning cannabis license ownership”) on the Senate floor calendar ready for amendment and debate by the chamber.
      • Senators had scheduled a floor session for 1:30pm PT on Wednesday January 31st.
  • Wednesday occasioned the House of Origin Policy Committee Cutoff, no cannabis-related bills were positioned for last minute action, and only two had been scheduled for subsequent finance committee attention.
    • At close of business on Wednesday, legislators would mark the House of Origin Policy Committee Cutoff before finance committees took up their work in earnest during the latter half of the week into the weekend in advance of the House of Origin Finance Committee Cutoff on Monday February 5th.
      • The cutoff calendar would be roughly characterized by weekly cutoff deadlines for the remainder of the short 2024 regular session.
    • 42 of 44 cannabis-related bills tracked by Cannabis Observer remained technically active at publication time.  11 bills appeared at risk in policy committees in the House and three in the Senate.
      • HB 1083 - “Concerning terms of payment for cannabis retailers.”
      • HB 1341 - “Concerning cannabis license ownership.”
      • HB 1581 - “Establishing a Washington state cannabis commission.”
      • HB 1595 - “Modifying the cannabis excise tax.”
      • HB 1612 - “Concerning the regulation of products containing THC.”
      • HB 1641 - “Addressing public health challenges of high-potency cannabis products.”
      • HB 1642 - “Regulating the sale of cannabis concentrates.”
      • HB 1802 - “Concerning minors in possession of alcohol, cannabis, or controlled substances.”
      • HB 2047 - “Allowing employers to screen candidates for cannabis use when hiring for certain positions involving services to persons with substance use disorder.”
      • HB 2233 - “Providing an appropriate response to the use and presence of controlled substances by parents to protect children.”
      • HB 2334 - “Transferring certain cannabis licensing activities to the department of agriculture.”
      • SB 6077 - “Regulating hemp in food.”
      • SB 6209 - “Concerning hemp consumable products.”
      • SB 6217 - “Deterring robberies from retail establishments.”
    • Representatives planned to caucus on Wednesday morning at 10:30am PT, but no cannabis-related bills were calendared for floor action at publication time.  While at least four House bills appeared eligible for calendaring by WA House leadership or the Washington State House Rules Committee (WA House RUL), neither had been forthcoming about their planned activities throughout the 2024 session.
    • Senators planned to caucus on Wednesday afternoon at 1:30pm PT and three cannabis-related bills were calendared for floor action after the WA Senate RULE actions on Tuesday.  Senate leadership had been convening WA Senate RULE meetings after their Wednesday floor sessions, but had not announced an intention to do so at publication time.
    • Finance committees in both the House and Senate had been filling up their agendas for their Thursday, Friday, and Saturday meetings and cannabis-related legislation having to undergo fiscal review would have to jostle for limited opportunities to be heard and acted upon.
    • At publication time, no cannabis-related bills had been scheduled for activity in the Washington State Senate Ways and Means Committee (WA Senate WM) and only two were scheduled in the Washington State House Appropriations Committee (WA House APP):
      • HB 1650 - “Requiring voter approval for local government prohibitions on cannabis businesses.”
      • HB 2151 - “Reassigning the accreditation of private cannabis testing laboratories from the department of ecology to the department of agriculture.”