Four public hearings on Tuesday evidenced the complexity of cannabis policymaking, Republicans were eyeing excise tax revenue, and legislation may be advanced on WSLCB data dashboard development.
Here are some observations of the Washington State Legislature (WA Legislature) for Wednesday January 29th, the 17th day of the 2025 regular session.
My top 5 takeaways:
- The Washington State Senate Law and Justice Committee (WA Senate LAW) hosted a hearing Tuesday on legislation to empower judges to divert defendants to State-certified substance use disorder (SUD) treatment programs.
- SB 5290 - Pre-Hearing SUD Treatment
- Senator Jesse Salomon introduced cannabis-adjacent criminal justice and behavioral health legislation to create incentives to pursue substance use disorder (SUD) treatment for dismissal of certain drug possession charges.
- See the bill analysis and partial fiscal note for more details.
- Positions: testifying + not testifying = total (no duplicates)
- Pro: 1 + 18 = 19 (0)
- Con: 2 + 4 = 6 (0)
- Other: 0 + 2 = 2 (0)
- Position counts derived from committee sign in (CSI) sources are now accessible on the Cannabis Observer website under each public hearing milestone on event and legislation timelines. The CSI sources, duplicates (if found), cleaned position data, and counts are also available in the event information set.
- Salomon, a former public defender, described his legislation as a renewed effort to create “treatment off ramps” which had been compromised out of SB 5536, the “Blake fix” bill passed during a special session in May 2023. Diversion of cases regarding minor possession or public drug use had been left to the discretion of prosecutors, and Salomon sought to also give judges the ability to refer people to State-certified treatment programs.
- In testimony, a representative of the Washington Defender Association (WDA) and the Washington Association of Criminal Defense Lawyers (WACDL) supported the legislation, while representatives of the Washington Association of Prosecuting Attorneys (WAPA) and the Washington State Narcotics Investigators Association (WSNIA) opposed the bill.
- An executive session on the legislation was planned for Thursday January 30th.
- Senator Jesse Salomon introduced cannabis-adjacent criminal justice and behavioral health legislation to create incentives to pursue substance use disorder (SUD) treatment for dismissal of certain drug possession charges.
- SB 5290 - Pre-Hearing SUD Treatment
- Also on Tuesday, Washington State House Consumer Protection and Business Committee (WA House CPB) members hosted public hearings on three cannabis-related bills regarding patient data sharing, lab certification authority, and home grow.
- HB 1341 - DOH Patient Data Sharing
- Representative Sharon Wylie introduced WSLCB request legislation to authorize agency staff access to Washington State Department of Health (DOH) patient data.
- See the bill analysis and $0 final fiscal note for more details..
- Positions: testifying + not testifying = total (no duplicates)
- Pro: 2 + 4 = 6 (0)
- Con: 0 + 0 = 0 (0)
- Other: 1 + 0 = 1 (0)
- WSLCB Director of Legislative Relations Marc Webster spoke in support of the legislation, conveying a legal interpretation that a statutory change was necessary to authorize the same access to protected DOH patient data as granted to the Washington State Department of Revenue (WA DOR) to validate excise tax exempt sales of DOH compliant cannabis products.
- Cannabis Alliance Executive Director Caitlein Ryan also testified in support of the bill to ensure that WSLCB Finance staff could audit tax exempt sales to prove the narrowly tailored incentives put in place through HB 1453 in 2024 were being upheld.
- Representative Sharon Wylie introduced WSLCB request legislation to authorize agency staff access to Washington State Department of Health (DOH) patient data.
- HB 1347 - WSLCB Lab Certification Authority
- Representative Kristine Reeves introduced legislation intended to tie Washington State Department of Agriculture (WSDA) accreditation to WSLCB certification of private cannabis testing labs while not limiting the latter agency’s enforcement responsibilities.
- See the bill analysis and $0 final fiscal note for more details.
- Positions: testifying + not testifying = total (no duplicates)
- Pro: 3 + 4 = 7 (0)
- Con: 0 + 0 = 0 (0)
- Other: 0 + 0 = 0 (0)
- Washington CannaBusiness Association (WACA) Deputy Director Brooke Davies spoke in support of the legislation before WACA member and Treeline Analytics Owner Thomas Hubbell explained his business concerns. Confidence Analytics Program Manager Lara Kaminsky also testified in support, and suggested changes to clarify the intent of the bill.
- During the WSLCB Board Caucus on Tuesday morning, Webster explained he “was a little bit unclear on what prompted” the legislation, pointing out the agency remained in the midst of rulemaking on the transfer of lab authority to the WSDA. Regardless, he emphasized “certification was still important…we’re going to look to Ag for the science, but we still have oversight to ensure that everything’s above board” (audio - 1m, video - WSLCB, video - TVW).
- Representative Kristine Reeves introduced legislation intended to tie Washington State Department of Agriculture (WSDA) accreditation to WSLCB certification of private cannabis testing labs while not limiting the latter agency’s enforcement responsibilities.
- HB 1449 - Cannabis Home Grow
- Representative Shelley Kloba introduced legislation to allow an adult to grow six cannabis plants (combined up to 15 per ‘housing unit’) while establishing parameters and penalties around the practice. One third of all WA House CPB members were signatory sponsors of the bill.
- For more details, see the bill analysis and comparatively low final fiscal note compared to prior iterations of the legislation.
- Positions: testifying + not testifying = total (duplicates)
- Pro: 12 + 165 = 177 (3)
- Con: 4 + 492 = 496 (16)
- Other: 2 + 3 = 5 (0)
- Despite the curious number of registrants signed in against the legislation, the majority of testifiers supported having Washington follow the example of 21 out of 24 other states that had legalized adult use of cannabis while also safely allowing home growing of a limited number of plants.
- Of the three remaining legalized states which do not allow home growing of cannabis, Washington ranked as the most punitive and carceral, threatening residents who weren’t licensed commercial growers—and even some patients who were authorized to grow for personal use—with seizure of property, a class C felony punishable by up to 5 years imprisonment, and/or a fine up to $10,000 with an additional mandatory fine of $1,000 applied to first offenses and $2,000 to second or subsequent offenses.
- Testifiers described a multitude of known and anticipated benefits associated with home cultivation of cannabis for personal use while addressing concerns and fears perennially raised by intransigent interests for over a decade.
- Four representatives of law enforcement, public health, and prevention groups testified in opposition to the legislation:
- Washington Association of Sheriffs and Police Chiefs (WASPC) Policy Director James McMahan (audio - 1m, video - TVW)
- Washington State Public Health Association (WSPHA) Lobbyist Amy Brackenbury (audio - 2m, video - TVW)
- Washington Association for Substance Misuse and Violence Prevention (WASAVP) Board Member Steven Freng (audio - 2m, video - TVW)
- WASAVP Board Member Scott Waller (audio - 2m, video - TVW)
- Arriving late, democratic Representative Kristine Reeves still exhibited an unusual interest in the proceedings for the third year in a row, asking staff whether law enforcement concerns had been met (audio - 2m, video - TVW), spinning a hard to follow hypothetical about colluding adjacent apartment renters (audio - 2m, video - TVW), and attempting to encourage a commercial grower to speculate about home insurance policy impacts (audio - 2m, video - TVW).
- At publication time, an executive session on the legislation had not been announced.
- Representative Shelley Kloba introduced legislation to allow an adult to grow six cannabis plants (combined up to 15 per ‘housing unit’) while establishing parameters and penalties around the practice. One third of all WA House CPB members were signatory sponsors of the bill.
- HB 1341 - DOH Patient Data Sharing
- A planned executive session on the House version of the blood alcohol concentration (BAC) limit and driving under the influence (DUI) bill was removed from the Thursday January 30th schedule of the Washington State House Community Safety Committee (WA House CS).
- HB 1315 - Alcohol BAC Limit and DUI
- On Tuesday January 21st, a public hearing on the House version of the alcohol impaired driving bill was preceded by an official work session and—in contrast to the Senate context—questions about cannabis impairment swerved over the divide.
- The announcement on Tuesday of the agenda change did not provide details about the deferral.
- Relatedly on Thursday January 30th, the Washington State Senate Transportation Committee (WA Senate TRAN) planned to hear testimony on SB 5067, the formal agency request version of the bill, after hosting a work session on the subject.
- Invited speakers for the work session would include NORC Principal Research Scientist James Fell who provided an extensive presentation deck titled “Countermeasures That Reduce Impaired Driving” in advance of the event.
- HB 1315 - Alcohol BAC Limit and DUI
- On Tuesday, the introduction of a Republican-sponsored bill seeking to increase distributions of State cannabis revenue to counties, cities, and towns went as planned; and a more aggressive version of the legislation was staged for introduction in the House.
- SB 5547 - “Increasing cannabis revenue distributions to local governments.”
- Cannabis Excise Tax Local Distributions
- Republican Whip Keith Wagoner introduced legislation which would stepwise increase the standing distributions of cannabis excise tax revenue to participating localities encoded in RCW 69.50.540 by decreasing the appropriation to the State general fund from 32% down to 27% by 2030.
- On Tuesday, Wagoner was joined by one co-sponsor, Senator Leonard Christian.
- The bill was referred to the Washington State Senate Ways and Means Committee (WA Senate WM) and a hearing had not been announced by publication time.
- HB 1704 - “Increasing cannabis revenue distributions to local governments.”
- Cannabis Excise Tax Local Distributions
- Wagoner’s version of the legislation seemed to appear modest as compared to Assistant Minority Whip Suzanne Schmidt’s legislation aiming to immediately jump from a 5% combined distribution to 17% for locals.
- According to the Washington State Liquor and Cannabis Board (WSLCB) Dedicated Cannabis Account revenue dashboard, the agency collected $458M in excise tax revenue and fees in fiscal year 2024 for deposit into the account. 5% of that amount would be $22.9M; 17% would be $77.9M.
- According to the introduction report, the legislation was planned for referral to the Washington State House Appropriations Committee (WA House APP).
- SB 5547 - “Increasing cannabis revenue distributions to local governments.”
- On Wednesday, WA House CPB members planned to host an executive session on legislation to specifically direct WSLCB data dashboard development efforts.
- 1:30pm - WA House CPB - Committee Meeting [ Event Details ]
- Executive Session
- HB 1066 - WSLCB Data Dashboard
- While previously scheduled for an executive session on Tuesday January 21st, action was deferred on the regulated substances data dashboard bill due to a pending amendment by Reeves, the prime sponsor.
- However, at publication time, no amendments had been published.
- HB 1066 - WSLCB Data Dashboard
- Shortly after being announced the week prior, public hearings on three cannabis-related bills previously scheduled for this meeting were deferred.
- Executive Session
- Also on Wednesday, the House would convene a floor session at 10:30am [ TVW ] and the Senate would convene at 12:30pm [ TVW ].
- 1:30pm - WA House CPB - Committee Meeting [ Event Details ]