The Week Ahead
(April 19, 2021)

SB 5476 - Strange Trip

The hemp processor bill was signed into law, likely followed by the social equity bill - but the future of drug policy in Washington state was on a strange trip aboard SB 5476.

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

Monday April 19th

On Monday at 9am PT, the Washington State House Appropriations Committee (WA House APP) planned to convene.

  • [ Event Details ]
  • Public Hearing: SB 5476 - “Responding to the State v. Blake decision by addressing justice system responses and behavioral health prevention, treatment, and related services.”
  • On February 25th, a ruling by the Washington State Supreme Court in the State of Washington v. Shannon Blake case (State v. Blake) found the State statute criminalizing drug possession unconstitutional. The Court found the law was indifferent to the intent of the accused to “knowingly” possess a drug and therefore denied some individuals a constitutional right to due process. The decision was released well into the legislative session and prompted lawmakers to suggest many different bills to implement a range of responses from minimal patches of statute to massive revisions of Washington state drug criminalization policy.
  • SB 5476, introduced by Senator Manka Dhingra on March 24th---nearly a month after the ruling---became the legislative vehicle which senators agreed to move - and immediately began revising. On April 5th, SB 5476 was heard in its original form before senators took the bill up in executive session on April 10th among a range of amendments.
  • SB 5476 was ushered to a WA Senate floor debate on Thursday April 15th where the full chamber considered the legislation and the gravity of their charge during a revealing hour of exchange. Senator Jamie Pedersen, Chair of the Washington State Senate Law and Justice Committee (WA Senate LAW), introduced a striking amendment which was further amended to a degree which led the prime sponsor and eight Democratic co-sponsors to vote against final passage of the bill. Only Republican co-sponsor Senator Ann Rivers and Democrat co-sponsor Senator Lisa Wellman voted for their bill in a curiously mixed 28-20-0-1 vote which sent the legislation to the WA House.
  • On Sunday April 18th, a striking amendment by Representative Eileen Cody was published prior to a public hearing on SB 5476 in WA House APP on Monday April 19th at 9am. The bill was already lined up for an executive session on Wednesday April 21st.
  • Assuming WA House floor action followed on Thursday or Friday, little time would be left for senators to dispute modifications to the legislation before the end of the regular session on Sunday April 25th.

Tuesday April 20th

On Tuesday at 10am PT, the weekly Washington State Liquor and Cannabis Board (WSLCB) Board Caucus was scheduled to recur.

Wednesday April 21st

On Wednesday at 9am PT, WA House APP planned to convene.

  • [ Event Details ]
  • Executive Session: SB 5476 - “Responding to the State v. Blake decision by addressing justice system responses and behavioral health prevention, treatment, and related services.”

On Wednesday at 1pm PT, the Washington State Legislative Task Force on Social Equity in Cannabis Licensing Work Group (WA SECTF - Work Group - Licensing) was scheduled to convene for the first time.

  • [ Event Details ]
  • A dedicated work group was established to help WA SECTF create licensing-related recommendations to WSLCB. Two main areas for exploration have been previously mentioned:
    • Expanding scope of social equity licensure beyond available retail allotments to include producer and processor licenses
    • Expanding scope of social equity licensure to include new license types such as delivery, craft cannabis, distribution, etcetera

Thursday April 22nd

On Thursday at 10am PT, the monthly WSLCB Marijuana Traceability Project (MTP) Integrator Work Session was scheduled to recur. [gf: we were incorrect, this event was scheduled for Thursday April 29th]

Friday April 23rd

At publication time, no cannabis-related policymaking scheduled

Saturday April 24th

At publication time, no cannabis-related policymaking scheduled

Sunday April 25th

End of Regular Session

2021 Legislative Session

At the Washington State Legislature, the opposite house cutoff occurred on Sunday April 11th, the deadline for each chamber to read, potentially amend, and vote out bills from the opposite chamber (with many exceptions). Legislators have one week to complete their work prior to the end of the regular session on Sunday April 25th.

Cannabis-related Laws (1)

  • SB 5372 - "Concerning hemp processor registration and a hemp extract certification."
    • Sponsors (6): Stanford, Warnick, Conway, Hasegawa, Saldaña, J. Wilson
    • Previous Step: delivered to WA Governor on Monday April 12th
    • Last Step: signed by WA Governor on Friday April 16th
    • Effective Date: Saturday July 24th, 90 days after adjournment of regular session

Cannabis-related Bills - Active (5)

  • HB 1210 - ‘Replacing the term "marijuana" with the term "cannabis" throughout the Revised Code of Washington.’
    • Sponsors (14): Morgan, Peterson, Kloba, J. Johnson, Ryu, Santos, Ortiz-Self, Ormsby, Simmons, Gregerson, Riccelli, Macri, Frame, Harris-Talley
    • Last Step: calendaring by WA Senate RULE on Saturday April 10th
    • Next Step: second reading in WA Senate
      • While HB 1210 was calendared prior to the opposite house cutoff, the bill was not moved. However, the fiscal note associated with the bill exceeds $50K and the latest version of the operating budget includes those appropriations, so we aren’t regarding this bill as inactive quite yet.
  • HB 1443 - "Concerning social equity within the cannabis industry."
    • Sponsors (13): Morgan, Wicks, Simmons, Berry, J. Johnson, Ramel, Kloba, Ryu, Peterson, Ormsby, Ortiz-Self, Harris-Talley, Macri
    • Companion: SB 5388 (inactive)
    • Last Step: concurrence vote in WA House on Thursday April 15th
    • Next Step: signed by WA House Speaker
    • Following Step: signed by WA Senate President
    • Following Step: delivered to WA Governor for bill action
  • SB 5092 - "Making 2021-2023 fiscal biennium operating appropriations."
    • Companion: HB 1094 (active)
    • Last Step: WA Senate refused to concur in WA House amendments on Wednesday April 14th, conference committee requested
    • Next Step: WA Legislature conference committee convenes
  • SB 5361 - “Concerning the resentencing of persons convicted of drug offenses.”
    • Sponsors (3): McCune, Warnick, J. Wilson
    • Last Step: passed by WA House on Thursday April 8th
    • Next Step: concurrence vote in WA Senate, possibly a conference committee
  • SB 5476 - “Responding to the State v. Blake decision by addressing justice system responses and behavioral health prevention, treatment, and related services.”
    • Sponsors (11): Dhingra, Hasegawa, Hunt, Kuderer, Lovelett, Nguyen, Pedersen, Rivers, Robinson, Saldaña, Wellman
    • Previous Step: calendared by WA Senate RULE on Wednesday April 14th
    • Previous Step: second and third reading in WA Senate on Thursday April 15th
    • Next Step: public hearing in WA House APP on Monday April 19th
    • Following Step: executive session in WA House APP on Wednesday April 21st

Cannabis-related Bills - Inactive (18)

  • HB 1019 - “Allowing residential marijuana agriculture.”
  • PRESUMED INACTIVE HB 1094 - "Making 2021-2023 fiscal biennium operating appropriations."
    • Companion: SB 5092 (active)
    • Last Step: executive session in WA House APP on March 29th
  • HB 1105 - “Concerning arrest protections for the medical use of cannabis.”
  • HB 1260 - “Concerning the development of the marijuana market.”
    • Last Step: pro forma first reading and referral to WA House COG on Monday January 18th
  • HB 1345 - “Concerning the regulation of products sold to adults age 21 and over.”
  • HB 1414 - “Aligning marijuana licensing decisions by the liquor and cannabis board with local zoning ordinances.”
  • HB 1463 - “Addressing serious mental health consequences of high-potency cannabis products by regulating the sale of cannabis concentrates.”
  • HB 1499 - “Providing behavioral health system responses to individuals with substance use disorder.”
  • SB 5004 - “Providing a tax exemption for medical marijuana patients.”
  • SB 5035 - “Concerning offender scoring of drug offenses.”
    • Last Step: pro forma first reading and referral to WA House PS on Saturday February 27th
  • SB 5129 - “Concerning the possession of vapor, vapor products, tobacco, and tobacco products by minors.”
  • SB 5266 - “Concerning the regulation of products sold to adults age 21 and over.”
  • SB 5327 - “Creating a confidential youth safety and well-being tip line.”
    • Sponsors (7): Brown, Frockt, Lovelett, Rivers, Short, Warnick, Wellman
    • Last Step: executive session in WA House CYF on Wednesday March 24th
  • SB 5365 - “Establishing a Washington state cannabis commission.”
  • SB 5388 - “Concerning social equity within the cannabis industry.”
    • Companion: HB 1443 (active)
    • Last Step: pro forma first reading and referral to WA Senate LCTA on Friday January 29th
  • SB 5468 - “Concerning knowing possession of a controlled substance.”
    • Last Step: pro forma first reading and referral to WA Senate LAW on Monday March 1st
  • SB 5471 - “Concerning knowing possession of a controlled substance.”
    • Last Step: pro forma first reading and referral to WA Senate LAW on Thursday March 4th
  • SB 5475 - “Concerning knowing possession of a controlled substance.”
    • Last Step: pro forma first reading and referral to WA Senate LAW on Monday March 22nd