Interest in advancing inactive legislation via budget proviso had been activated, the “high THC” bill was positioned for floor activity in the Senate, and floor sessions would continue in the push to sine die.
Here are some observations of the Washington State Legislature (WA Legislature) for Wednesday February 28th, the 52nd day of the 2024 regular session.
My top 3 takeaways:
- During their caucus on Tuesday morning, Washington State Liquor and Cannabis Board (WSLCB) leadership discussed whether budget provisos may be in the works for legislation otherwise rendered inactive, including the THC tax study.
- Referencing legislation which was “dead” in the normal legislative process, Director of Legislative Relations Marc Webster suggested there was a chance some issues could be advanced via budget proviso. He specified cannabis bills HB 2255 (“Concerning inversion and diversion of cannabis”) and HB 2182 (“Creating a data dashboard to track use of regulated substances”) as possibilities after Chair David Postman hinted that SB 6271 (“Modifying the cannabis excise tax to consider THC concentration”) might be a candidate proviso.
- Also on Tuesday, the Washington State Senate Rules Committee (WA Senate RULE) calendared the “high THC” products legislation.
- HB 2320 - “Concerning high THC cannabis products.”
- On Tuesday morning, legislative staff announced the WA Senate RULE planned to convene in the mid-afternoon. Members would be granted the opportunity for one pull in addition to votes on consent and regular packages of bills.
- Majority Floor Leader Jamie Pedersen motioned for HB 2320 to be pulled from the committee white sheet to the Senate floor calendar, remarking, “this is a bill that is designed to reduce the risk of public health harms associated with high THC products.” Members approved the motion in a voice vote (video - TVW).
- A partial fiscal note on the version of the legislation being advanced as amended by the Washington State Senate Labor and Commerce Committee (WA Senate LC) was published on Monday February 26th, but did not include estimates from the Washington State Department of Health (DOH) nor the University of Washington Addictions, Drug, and Alcohol Institute (UW ADAI), the primary institutions tasked with responsibilities in the legislation.
- In the fiscal note from February 14th on the substitute House version of the legislation, DOH staff estimated expenses of roughly $200K annually to support distribution of point-of-sale retail signage plus optional budtender training envisioned as four in-person events targeting 50 budtenders each and two in-person “train the trainer” events per fiscal year in addition to a virtual curriculum. The WA Senate LC striking amendment included a new standing appropriation “to allow DOH to issue requests for proposals and contract for targeted public health messages and social marketing campaigns,” but no estimate had been provided for that work. The House version of the supplemental operating budget, HB 2104, only included $200K for DOH for the implementation of HB 2320 in section 222(169).
- In the final fiscal note on the original legislation, UW staff estimated requiring $2.95M to implement HB 2320 through fiscal year 2029, including $656K in fiscal year 2025. As the House reworked the bill to require the Washington State Health Care Authority (WA HCA) to issue a request for proposals to solicit multiple bids on that work, later reverted by the WA Senate LC striker, UW staff had not provided subsequent estimates on other versions of the legislation. Presumably, the originally estimated costs remained the same - and unfunded in the supplemental operating budgets of either chamber.
- The legislation could be brought up for a second and third reading in subsequent Senate floor sessions. If passed by the chamber, the bill would require a concurrence/dispute/conference vote in the House as senators modified the legislation at the request of the primary sponsor, Representative Lauren Davis, without hosting a public hearing in the Senate.
- HB 2320 - “Concerning high THC cannabis products.”
- On Wednesday, lawmakers would convene floor sessions to debate, amend, and vote on legislation ahead of the Opposite House Cutoff on Friday and Senate Rules members planned to refresh the chamber calendars at the close of business.
- The Washington State House of Representatives (WA House) was scheduled to convene starting at 10am PT and the Washington State Senate (WA Senate) at 10am PT.
- Two bills were well positioned for floor activity in the Senate. At publication time, there were no published floor amendments on the bills.
- Late on Tuesday night, legislative staff announced the WA Senate RULE planned to convene“in the Senate Rules Room 15 minutes following adjournment on Wednesday.” Members would be granted the opportunity for one pull in addition to votes on regular and gubernatorial packages of bills.
- One bill awaited a pull by WA Senate RULE members or chamber leadership. At publication time, there were no published floor amendments on the bill.
- HB 1453 - "Providing a tax exemption for medical cannabis patients."
- One bill awaited a pull by WA Senate RULE members or chamber leadership. At publication time, there were no published floor amendments on the bill.
- Even later on Tuesday night, legislative staff announced House leadership had pulled a tranche of bills out of the Washington State House Rules Committee (WA House RUL), but no cannabis-related bills were included.
- Three bills awaited pulls from WA House RUL members or chamber leadership. At publication time, there were no published floor amendments on any of the bills.
- The Washington State House of Representatives (WA House) was scheduled to convene starting at 10am PT and the Washington State Senate (WA Senate) at 10am PT.