WA Legislature - Update
(February 10, 2025)

WA Legislature - Update (February 10, 2025) - Takeaways

Three cannabis-related bills had execs pulled, a social consumption event bill was staged for introduction, and Monday senators would hear about indirect retail ownership agreements and local zoning restrictions.

Here are some observations of the Washington State Legislature (WA Legislature) for Monday February 10th, the 29th day of the 2025 regular session.

My top 4 takeaways:

  • Late on Friday, three cannabis bills on out of state ownership, suspending inactive producer licenses, and cannabis home grows which had previously been scheduled for potential movement out of committee had their executive sessions rescinded.
    • HB 1346 - Out of State Ownership
    • HB 1410 - Suspending Inactive Producer Licenses
      • In the same announcement, HB 1410 was also removed from the list of potential executive sessions scheduled for the WA House CPB meeting on Wednesday.
    • HB 1449 - Cannabis Home Grow
      • At nearly the same time on Friday evening, legislative staff announced HB 1449 had been removed from the list of potential executive sessions scheduled for the WA House CPB meeting on Tuesday February 11th.
    • At publication time, new executive sessions had not been announced for any of the bills.
  • Introductions went as planned on Friday including the senate companion legislation authorizing Washington State Liquor and Cannabis Board (WSLCB) access to patient data which already had a public hearing scheduled for Monday.
    • HB 1884 - “Concerning cannabis regulation.”
      • WSLCB Enforcement Priorities
      • On Friday, Representative Kevin Waters introduced legislation which would call upon the WSLCB to work collaboratively with cannabis sector stakeholders to review rules and significantly revamp enforcement priorities to focus almost exclusively on preventing youth access and inversion/diversion.
        • Representative Kristine Reeves, Acting Vice Chair of the WA House CPB where the bipartisan legislation was referred, joined as an initial co-sponsor.  However, no additional co-sponsors signed on throughout the day on Friday.
      • At publication time, a public hearing on the bill had not been announced.
    • SB 5700 - “Concerning the medical cannabis authorization database.”
  • An ambitious new bill seeking to create a new cannabis license type and two new product types to authorize social consumption events was staged for introduction on Monday.
    • HB 1932 - “Authorizing cannabis consumption in regulated environments.”
      • Cannabis Consumption Events
      • On Monday, Representative Melanie Morgan planned to introduce legislation that would support the evolution of the Washington state cannabis sector by authorizing strictly regulated events where social consumption of cannabis was allowed.
        • Morgan was joined by five initial co-sponsors: Republican Kevin Waters, Representative Brandy Donaghy, WA House CPB Acting Vice Chair Kristine Reeves, WA House CPB Chair Amy Walen, and Representative Natasha Hill; all told, four of the fifteen members of WA House CPB, and with Waters making the bill bipartisan.
      • The necessarily lengthy bill text would create a new license type for event organizers which would be something of a combination of the privileges of existing license types.  Organizers would be allowed to host individually permitted events once a month where---in addition to the organizer---producers, processors, and retailers could offer direct sales of two new product types (see section 26, p. 48).
        • (6) "Cannabis consumption event organizer" means a type of license under which an individual or entity may coordinate consumption events for the consumption of single-use cannabis products and ready-to-consume cannabis products by adults age 21 and over, after obtaining a temporary on-site consumption permit from the board for each consumption event.
      • The new product types would be the only products which could be sold and consumed in designated areas at each event (see section 26, p. 55).
        • (47) "Ready-to-consume cannabis product" means a cannabis product that is prepared on the premises of a licensed cannabis consumption event organizer or an approved consumption event, presented in the form of a foodstuff or beverage, sold in a heated or unheated state, intended for immediate consumption, and that the board has determined to be an appropriate product for consumption at a consumption event.
        • (51) "Single-use cannabis product" means a type of product containing cannabis, other than a ready-to-consume cannabis product, that the board has determined to be appropriate for consumption in a cannabis consumption area under section 2 of this act. A single-use cannabis product may be a form of useable cannabis, cannabis-infused product in solid or liquid form, or cannabis concentrate, that is smoked, vaporized, consumed, or ingested.
      • Products would be sold to consumers at events by employees holding a new kind of ‘budtender permit’ requiring completion of a training program established and/or approved by the WSLCB Board (see section 3):
        • …the employee must obtain a valid budtender permit before conducting such activities and working at a consumption event. A budtender permit is awarded upon successful completion of a budtender training program provided by, or approved by, the board. A budtender permit is valid for a period of two years unless the board takes enforcement action against the permit holder before the expiration of the permit and the permit is suspended or revoked by the board. The board must establish the elements of a budtender permit program, including permit fees, by rule.
      • The bill would take an interesting approach to navigating the Washington Clean Indoor Air Act, amending a current definition in RCW 70.160.020 (see section 24, p. 46):
        • (1) "Smoke" or "smoking" means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.
        • To add: "Smoke" or "smoking" does not include carrying, lighting, or smoking cannabis products, as defined in RCW 69.50.101, in a consumption area at a consumption event conducted by a cannabis consumption event organizer licensed by the liquor and cannabis board under section 2 of this act when in compliance with chapter 69.50 RCW and the liquor and cannabis board's rules.
      • The legislation was written to explicitly allow local override (see section 7(1)(p), p. 17):
        • These rules may not prohibit a local government from adopting and enforcing an ordinance or rule governing the consumption of single-use cannabis products and ready-to-consume cannabis products in a public place in the jurisdiction of the local government that is more restrictive than the rules adopted by the board.
      • According to the draft introduction report, the legislation was scheduled for referral to WA House CPB.  At publication time, a public hearing had not been announced.
    • The draft introduction reports in the House and the Senate for Monday February 10th did not appear to include additional cannabis-related legislation.
  • On Monday two cannabis-related bills and an organized retail theft sentencing enhancement bill were scheduled to receive initial public hearings, but senators first planned to hear from WSLCB staff on the subjects of direct and indirect retail ownership models as well as difficulties social equity licensees were encountering with zoning restrictions.
    • 10:30am: WA Senate LC - Committee Meeting [ Event Details ]
      • Work Session
        • “Overview of cannabis retail ownership.”
          • WSLCB Director of Legislative Relations Marc Webster mentioned the work sessions during his update at the board caucus meeting on Tuesday February 4th. WSLCB Licensing Deputy Director of Administration Nicola Reid was expected to present on "cannabis business structures…ownership versus management agreements, maybe franchising and IP agreements" to address questions that had been raised about some entities controlling more than five retail stores in the state (audio - 1m, video - WSLCB, video - TVW).
        • “Overview of social equity licenses and zoning.”
      • Public Hearing
        • SB 5206 - Cannabis Retailer Advertising
          • Republican Deputy Leader Drew MacEwen introduced the only prefiled cannabis-related legislation in the Senate, a reprise of his 2023-24 bill SB 5363 which was not advanced by representatives prior to the opposite house cutoff in 2024.  The bill would change requirements for retail signage and transfer authority over trade name signs from the WSLCB to local jurisdictions.
            • MacEwen was joined by co-sponsors Senator Chris Gildon and Democrat Derek Stanford.
          • See the bill analysis and fiscal note for more details.
        • SB 5700 - DOH Patient Data Sharing
          • See the bill analysis for more details.  At publication time, a fiscal note was not available.
    • 1:30pm: WA House CS - Committee Meeting [ Event Details ]
      • Public Hearing
        • HB 1276 - Organized Retail Theft Sentencing Enhancement
          • Prime sponsor Representative Mari Leavitt, a Democrat, introduced legislation to increase the maximum sentencing range for individuals convicted of organized retail theft in possession of substantially valued stolen property.
            • Having been initially joined by Minority Whip Dan Griffey, a bipartisan collection of seven additional co-sponsors signed on in support of the legislation: Marshall, Couture, Bronoske, Nance, Caldier, Timmons, Pollet.
          • See the bill analysis for more details.  At publication time, a fiscal note was not available.
    • Also on Monday, the House planned to convene a pro forma floor session at 9:55am [ TVW ] and the Senate planned to convene a pro forma floor session at 12:30pm [ TVW ].
      • In the House, HB 1066 (WSLCB Data Dashboard) was positioned on the second reading calendar for further action by the chamber, but no legislation would be considered during the pro forma session.