WA Legislature - Update (February 5, 2024)

The WSDA accreditation bill was advanced and two versions of the “high THC cannabis products” legislation were prepared for executive sessions on Monday ahead of the next legislative deadline.

Here are some observations of the Washington State Legislature (WA Legislature) for Monday February 5th, the 29th day of the 2024 regular session.

My top 3 takeaways:

On Saturday, the Washington State House Appropriations Committee (WA House APP) recommended only one of two cannabis bills up for consideration and heard testimony on the House version of the high tetrahydrocannabinol (THC) legislation.
- HB 1650 - “Requiring voter approval for local government prohibitions on cannabis businesses.”
  - Although HB 1650 had been scheduled for executive action early in the agenda, committee leadership skipped the staff briefing on the bill and did not return to consider the legislation.
  - At publication time, a subsequent executive session on HB 1650 had not been scheduled.
- HB 2151 - “Reassigning the accreditation of private cannabis testing laboratories from the department of ecology to the department of agriculture.”
  - Two amendments to the legislation were published on Friday February 2nd.
  - Amendment CLOD 278 by Representative Larry Springer was considered first to restore existing language pertaining to the authority of the WSLCB to destroy lots of cannabis products which failed quality assurance testing while adding a provision that the agency could create exceptions to allow for remediation of those products in rule. The revised language was accepted via voice vote.
  - Amendment JOND 347 by Representative Tana Senn was described as reverting the fee structure to existing law, requiring the Washington State Department of Agriculture (WSDA) to charge labs for the entire cost of the accreditation program as well as the costs of the 3-person Cannabis Lab Analysis Standards Program (CLASP). Committee staff predicted that biennial expenses under Senn’s amendment would total $1.7M.
    - Split between the 7 accredited labs at publication time, that would translate to an annual fee to operate in Washington state of > $121K per lab.
  - During the executive session, Representative Senn withdrew her amendment.
  - The committee voice vote to recommend the substitute bill incorporating Springer’s amendment appeared unanimous.
- HB 2320 - “Concerning high THC cannabis products.”
  - Positions (testifying + not testifying - duplicates = total)
    - PRO: 1 + 3 - 0 = 4
    - CON: 0 + 1 - 0 = 1
    - OTHER: 0 + 0 - 0 = 0
    - As the public hearing on the legislation was announced late on Friday night, the committee sign in to register positions was available for less than 12 hours overnight and was closed at 8am PT on Saturday morning.
  - Washington Association for Substance Misuse and Violence Prevention (WASAVP) Board Member Scott Waller was the only person who registered to testify but was unavailable when called to offer support for the legislation.
  - Jim MacRae was the only person to register opposition to the bill as written.
  - At the same time that a public hearing on the legislation was announced, HB 2320 was also scheduled for an executive session in WA House APP on Monday February 5th.

Also on Saturday, the Washington State Senate Ways and Means Committee (WA Senate WM) heard the Senate version of the “high THC” bill.
- SB 6220 - "Concerning high THC cannabis products."
  - Positions (testifying + not testifying - duplicates = total)
    - PRO: 4 + 2 - 0 = 6
    - CON: 3 + 5 - 0 = 8
    - OTHER: 1 + 0 - 0 = 1
    - The public hearing was added to the committee agenda on January 31st, allowing more time for registration of positions and preparation.
  - After the staff briefing, Senator Rebecca Saldaña noted that she was working with the bill sponsor, Senator Jesse Salomon, to address fiscal concerns about the legislation.
  - Public health, prevention, and medical representatives testified in support of the legislation, rehashing policy committee arguments and encouraging retention of the education components should amendments be contemplated.
  - Representatives of cannabis trade associations spoke in opposition to the legislation as written while encouraging funding for youth and adult education. The more substantially reworked House version of the legislation, HB 2320, was cited as the preferred vehicle for advancement and Senators were thanked for having passed SB 6271 (“Modifying the cannabis excise tax to consider THC concentration”) the previous day.
  - Following the public hearing, SB 6220 was scheduled for an executive session in WA Senate WM on Monday February 5th.

Fiscal committee members planned to convene all day Monday to consider lengthy slates of legislation before the House of Origin Fiscal Committee Cutoff at the close of business, including divergent versions of the “high THC” legislation scheduled for executive sessions in both chambers.
- 10am: WA Senate WM - Committee Meeting [ Event Details ]
  - SB 6220 - “Concerning high THC cannabis products.”
    - According to the agenda, the legislation would be at the 17th position for consideration. At publication time, two amendments on the legislation had been published on Sunday February 4th.
    - Saldaña, a democrat, proposed an amendment to strike sections two, three, and five in the bill regarding public education, budtender education, and research:
      - “(1) Providing legislative intent to provide the Department of Health (DOH) with recurring funding for targeted marketing campaigns related to the risks for persons under age 25 related to high THC products consumption;
      - “(2) requiring DOH to develop optional training for retail cannabis staff about health and safety impacts of high THC cannabis products;
      - “and (3) subject to funding, requiring the University of Washington Addictions, Drug, and Alcohol Institute to develop and implement guidance and health interventions for health care providers and patients at risk for developing serious complications due to cannabis consumption and to provide reports to the Legislature.”
    - The other amendment by republican Senator Lynda Wilson would strike the section raising the minimum age of purchase to 25 for cannabis products containing greater than 35% THC.
- 10:30am: WA House APP - Committee Meeting [ Event Details ]
  - HB 2320 - “Concerning high THC cannabis products.”
    - According to the agenda, the legislation would be at the 42nd position for consideration.
    - At publication time, one amendment on the legislation had been published on Sunday February 4th. The proposed addition of a “standard null and void clause” by Chair Timm Ormsby is a non-controversial amendment he adds to all bills if necessary to ensure they aren't enacted unless funded in the budget.
- Following the conclusion of committee activity on Monday, the Washington State Legislature (WA Legislature) would mark the House of Origin Fiscal Committee Cutoff, the second gateway that most cannabis bills must be shepherded through described as the “Last day to read in committee reports (pass bills out of committee and read them into the record on the floor) from House fiscal committees and Senate Ways & Means and Transportation committees in house of origin.”
  - 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 otherwise agreed to by both chambers through the legislative process.
- 26 of 44 cannabis-related bills tracked by Cannabis Observer remained technically active at publication time. Five bills appeared at risk in fiscal committees in the House and four in the Senate, although the “high THC” legislation had been granted executive sessions in both chambers on Monday.
  - HB 1614 - “Concerning the home cultivation of cannabis.”
  - HB 1650 - “Requiring voter approval for local government prohibitions on cannabis businesses.”
  - HB 2194 - “Legalizing the home cultivation of cannabis.”
  - HB 2320 - “Concerning high THC cannabis products.”
  - HB 2449 - “Concerning use of cannabis tax revenue for professional health care services.”
  - SB 5259 - “Ensuring commerce and workplaces are safe from product theft.”
  - SB 5404 - “Increasing cannabis revenue distributions to local governments.”
  - SB 6220 - “Concerning high THC cannabis products.”
  - SB 6272 - “Dedicating the state share of cannabis excise tax revenue to counties and cities.”
- For the remainder of the week through the weekend, both chambers would convene floor sessions daily to read, debate, amend, and pass legislation before the House of Origin Cutoff the following week on Tuesday February 13th at 5pm PT.