WA Legislature - Update
(March 1, 2024)

WA Legislature - Update (March 1, 2024) - Takeaways

The “high THC” legislation was expanded in scope before passage in the Senate and the cannabis waste bill was passed in the House ahead of the deadline on Friday which three cannabis bills still had to make.

Here are some observations of the Washington State Legislature (WA Legislature) for Friday March 1st, the 54th day of the 2024 regular session.

My top 3 takeaways:

  • On Thursday, senators amended the “high THC” legislation before passing the bill, tasking the Washington State Liquor and Cannabis Board (WSLCB) with additional reporting requirements.
    • HB 2320 - “Concerning high THC cannabis products.”
      • The striking amendment by the Washington State Senate Labor and Commerce Committee (WA Senate LC) was brought up for second reading and amendment in a motion by Senator Jesse Salomon, the prime sponsor of the senate companion legislation SB 6220 (video - TVW).
      • Salomon then moved President Pro Tempore Karen Keiser’s floor amendment implementing "a technical change to require [the University of Washington Addictions, Drug, and Alcohol Institute] UW ADAI to include certain data gathering, rather than require this be included in a contract for the work." The amendment was adopted in a voice vote.
      • Keiser then moved her other floor amendment to incorporate the WSLCB data collection and reporting elements from the original bill text of SB 6271 (“Modifying the cannabis excise tax to consider THC concentration”). Senator Curtis King seconded the change which was adopted in a voice vote.
      • King then confirmed he wanted to withdraw his floor amendment which would have sunset "all provisions of the bill that do not already include a sunset clause on December 31, 2028."
        • Section 2 added by the WA Senate LC striker had no sunset clause and obligated the Legislature to provide unspecified recurring funding “to allow the department of health [DOH] to issue requests for proposals and contract for targeted public health messages and social marketing campaigns.” In the final fiscal note published late on Wednesday February 28th, DOH staff provided no estimate on this work and instead stated, "Should funding be provided, DOH will scale the campaign to the funding level appropriated."  DOH staff later acknowledged, "This work will also require 1.0 FTE, which costs $149,000 yearly" but that explicit cost was not bundled into their top-level estimate.
      • After adopting the WA Senate LC striking amendment as further amended by the Senate, Salomon began his remarks on final passage by stating, “since THC has been legalized in this state, a lot of research has been done to change the marijuana flower into a high potency THC product that no longer really resembles what it used to.”
        • He indicated that “public health advocates during the testimony were all very clear that there is something to be concerned about here with this high potency cannabis that includes higher levels of cannabis dependence; early onset psychosis and schizophrenia; and other long-term mental health conditions.”  Salomon continued, “there has been a lot of research that has gone into this recently and I think there is real reason to be concerned. This is not the marijuana of the 60s or the 70s.”
        • Salomon proposed, “similar to how we do not allow 100% alcohol to be sold in stores and liquor shops, we should consider not selling 100% THC, at least to younger people who are affected by this” before acknowledging the current legislation didn’t go that far despite the efforts of the bill’s advocates.
        • He also indicated the required retail signage to be developed by the Washington State Department of Health (DOH) would “give warning, similar to what we do on cigarettes, that this can trigger psychosis, schizophrenia, etcetera in young people, or at least create its earlier onset that it otherwise would have been.”
        • He urged the support of Senate President Denny Heck, concluding, “I hope to continue this work.”
      • King then provided his concurring views, beginning, “I, too, am very concerned about these high THC products that are available.  We do not know enough about them, we do not know enough about the effects.”  He acknowledged, “It’s very powerful, and obviously like everything else it varies from one individual to another.”  King “wished this bill did more in regards to [controlling the products], because I’m concerned that individuals will still be harmed by the use of these high THC products.  But it’s a step forward, and I think it’s a positive step forward.”
      • In a roll call vote, the legislation was passed 47-1-0-1 with Republican Senator Mark Schoesler voting against the bill and Senator Liz Lovelett excused.
      • As the legislation was modified in the Senate, representatives would be required to undertake a concurrence/dispute/conference vote on the amended language before considering final passage.
  • Late on Thursday evening, representatives passed the cannabis waste legislation.
    • SB 5376 - "Allowing the sale of cannabis waste."
      • On Wednesday February 28th towards the end of their floor session for the day, chamber leadership pulled a tranche of bills out of the Washington State House Rules Committee (WA House RUL) including the cannabis waste bill.
      • In the early evening on Thursday February 29th, legislative staff announced SB 5376 would be included in an upcoming order of consideration.  Deputy Speaker Pro Tempore Dan Bronoske motioned for the body to adopt the Washington State House Regulated Substances and Gaming Committee (WA House RSG) striking amendment and proceeded to solicit remarks on final passage (video - TVW).
      • Representative Shelley Kloba was “proud to stand up for this bill” which she characterized as “an environmental bill.”
        • She explained how “the current rules require [producers and processors] to take their waste, their cannabis materials, and render them useless: cut them, and then grind them, mix them 50-50 with another organic substance, and then put them into the garbage. So there’s a cost there, their trash hauler hauls it away where this material sits in a landfill and gives off methane.”
        • Kloba then described the effects of the bill as enabling producers and processors to “offer this material to whoever would like to buy it.  And so this could be the folks who would like to use the stalks as [animal] bedding material…hempcrete…compost.  So, a variety of uses exists for this material.”
        • She concluded by endorsing the “circular economy” to be created and asked for the Speaker’s support.
      • Minority Caucus Vice Chair Kelly Chambers offered positive remarks, saying, “cannabis waste doesn’t have really any dollar value.  But our licensees are spending a lot of money to export this material into landfills, and there are other higher and best uses.”
      • In a 94-2-0-2 roll call vote, the House passed the legislation.  Two Republicans voted against passage:
      • And two representatives were excused:
      • As the legislation was modified in the House, senators would be required to undertake a concurrence/dispute/conference vote on the amended language before considering final passage.
  • On Friday, lawmakers would convene floor sessions to debate, amend, and vote on legislation before the Opposite House Cutoff at 5pm PT; three cannabis bills remained at risk.
    • The Washington State House of Representatives (WA House) was scheduled to convene starting at 9:30am PT and the Washington State Senate (WA Senate) at 10am PT.
      • One bill was well positioned for floor activity in the Senate.
    • Two bills awaited pulls from WA House RUL members or chamber leadership.  While a tranche of bills were pulled from the committee by House leaders on Thursday evening, neither cannabis bill was included, diminishing their chances for activity on Friday.  At publication time, there were no published floor amendments on any of the bills.
      • SB 5363 - “Concerning cannabis retailer advertising.”
      • SB 6133 - “Deterring robberies from cannabis retail establishments.”
    • The sixth gateway that most cannabis bills must be shepherded through would occur on Friday and was described as the “Last day to consider (pass) opposite house bills (5 p.m.) (except initiatives and alternatives to initiatives, budgets and matters necessary to implement budgets, differences between the houses, and matters incident to the interim and closing of the session).”
      • Legislation can be declared "necessary to implement budgets" (NTIB).
      • Inactive bills can also have language incorporated into other legislation or be advanced as provisos in budget bills to achieve identical effects.