The Week Ahead
(March 11, 2024)

Regulators - Starting Line - "On Your Marks...Get Set..."

Regulators were ready to continue or initiate rulemaking processes in the week following the end of the legislative session while prevention researchers reviewed their findings.

Here’s a look at cannabis-related policymaking events on the calendar in the week ahead.

Monday March 11th

WSLCB - Focus Group - Retail Medical Cannabis Endorsements

On Monday at 10am PT, Washington State Liquor and Cannabis Board (WSLCB) staff planned to convene a focus group on the Retail Medical Cannabis Endorsements rulemaking project.

  • [ Event Details, Rulemaking Project ]
  • In response to a petition for rulemaking filed in January 2023 and accepted in March 2023, WSLCB Policy and Rules staff planned to host the first of two pre-proposal stakeholder engagements on Monday.  According to the CR-101 memorandum, staff intended to begin “collaboratively engaging with stakeholders and any interested members of the public to explore the possibility of amending the rules related to medical cannabis endorsements and update the language, as necessary, to create a voluntary surrender mechanism for medical cannabis endorsements.”
  • Draft conceptual rule text was published towards the end of January 2024 as a basis for discussion on revision of WAC 314-55-020 and WAC 314-55-080.
  • A second, identically structured focus group was planned for the afternoon of Thursday March 14th.

Tuesday March 12th

WSLCB - Board Caucus

On Tuesday at 10am PT, the weekly WSLCB Board Caucus was scheduled to recur.

Wednesday March 13th

WSLCB - Board Meeting

On Wednesday at 10am PT, the bi-weekly WSLCB Board Meeting was scheduled to recur.

  • [ Event Details ]
  • Members were scheduled to consider accepting the Harvest or Processing Date rulemaking petition filed at the end of January which proposed “Adding harvest date for Usable Cannabis or processing date for Cannabis conce[n]trates to ma[n]datory label requirements.”
  • Harvest date was explicitly removed from the list of mandatory requirements as part of a larger packaging and labeling (PAL) rulemaking which was concluded in early 2018.  The concise explanatory statement published with the final rules took up that issue first as it had been a contentious decision.  In their summary of public comments, WSLCB grouped feedback heard into three collections:
    • “1. Harvest dates are one of the most important pieces of information that I look for, as well as my customers. It is important that consumers know as much about a product before purchasing it. Products lose freshness, potency, and quality after time, leaving customers uncertain of what they’ll get with their purchases. The vast majority of recreational marijuana is not packaged or stored in a way which allows it to age well, it is often package too wet and due to problems with the microbial testing system, product tainted with potentially harmful microbes does get packaged sometimes can fester and become more potentially harmful.
    • “2. Other comments were received supporting the removal of harvest date as a required item on labels and making the information optional to include on labels. Some licensees stated that the inclusion of harvest date misleads consumers to thinking “fresher is better” and stated that marijuana is best cured for several weeks. Other statements that harvest dates disproportionately favor indoor growers above outdoor growers.
    • “3. Comments were received stating that harvest date is important information for medical marijuana patients and that it should remain as a requirement on the label.”
  • In their justification, WSLCB staff wrote:
    • “While the proposed rules remove the requirement that harvest date appear on the label, it is still included as allowable optional information that licensees may choose to place on the label. It will be up to each producer/processor to determine whether to place that information on the label should the Board approve the draft rule changes as proposed.
    • “As for concerns about microbial testing, tests for water activity (how likely bacteria is to grow) and water content (how much moisture/water is contained in the material) are required under quality assurance testing rules. The limits for test results help to ensure that product will remain acceptable while on the shelf and not exceed microbial limits in testing requirements.”

WA HCA PRSC - Quarterly Meeting

On Wednesday at 10:30am PT, the Washington State Health Care Authority Prevention Research Subcommittee (WA HCA PRSC) was scheduled to convene its quarterly meeting.

  • [ Event Details ]
  • While Cannabis Observer sought out and was granted the privilege of attending a WA HCA PRSC meeting for the first time in December 2023—a first for any media organization in the multi-decade existence of the Subcommittee—some participants were not willing to have their deliberations recorded.  As Cannabis Observer relies upon the availability of a continuous media record to accurately comprehend and represent events, we remain unable to produce observations that meet our standards of quality and trustworthiness until the unexpressed concerns of participants are addressed.
  • According to the agenda, HCA staff planned to present a preliminary summary of results from the 2023 Healthy Youth Survey (HYS), a review of outcomes from the legislative session, and an update from the “Mental Health Logic Model Workgroup.”
  • As well, University of Washington Associate Professor in Psychiatry and Behavioral Sciences Jason Kilmer was scheduled to offer a follow up presentation on the Washington Young Adult Health Survey (WYAHS) featuring 2023 data.

WSLCB - Executive Management Team

On Wednesday at 1:30pm PT, the three-member Board and agency leadership were scheduled to convene their monthly WSLCB Executive Management Team (EMT) meeting.

Thursday March 14th

WSDA - Webinar - Cannabis Testing Lab Accreditation

On Thursday at 1pm PT, Washington State Department of Agriculture (WSDA) staff planned to host a webinar on the upcoming Cannabis Testing Lab Accreditation rulemaking project.

  • [ Event Details ]
  • Following the passage of HB 2151, WSDA request legislation transferring the responsibility for testing lab accreditation to the Department, agency staff were well prepared to quickly begin gathering feedback to inform the creation of new rules.
  • HB 2151 explicitly granted WSDA staff the opportunity to use the expedited rulemaking process to bypass public notice and engagement requirements within the Administrative Procedure Act (APA).  The webinar on Thursday and a second on March 27th were presented as opportunities “to provide you with information on the passage of HB2151… Please join us as we share about the expedited rulemaking process, upcoming policy statements, plans for the rule, and the transition process. We are sure you have a million questions, and we will do our best to answer them or find answers.”
  • It was Cannabis Observer’s understanding that WSDA staff planned to file the CR-105 initiating expedited rulemaking by mid-April.  HB 2151 requires the Department to complete rulemaking by July 1st, 2024.
  • In parallel, WSDA staff continued to move the Cannabis Testing Lab Quality Standards rulemaking project forward after filing a revision to their proposed rules in late February.  The public hearing on the proposed rules was scheduled for April 9th.

WSLCB - Focus Group - Retail Medical Cannabis Endorsements

On Thursday at 2pm PT, WSLCB staff planned to convene a focus group on the Retail Medical Cannabis Endorsements rulemaking project.

Friday March 15th

WA Pharmacy Commission - Legislative Review

The weekly Washington State Pharmacy Quality Assurance Commission (WA Pharmacy Commission) Legislative Review was cancelled.

  • [ Event Details ]
  • This was the last scheduled legislative review for Commissioners in 2024.  Of eleven scheduled weekly meetings, the body cancelled six times and twice held updates during regular business meetings instead.