The Week Ahead
(February 7, 2022)

Weed Bills - Sawn In Half - Drew MacEwen

After a brutal week for cannabis-related legislation which saw more than half rendered inactive, legislators prepared to undertake key debates on synthesized cannabinoids, community reinvestment, and social equity.

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

Monday February 7th

WA Legislature - House of Origin Finance Committee Cutoff

Following the Thursday February 3rd house of origin policy committee cutoff, Monday occasions the second deadline for (most) bills to be recommended out of their house of origin finance committees. After Monday, legislators will work through bills during floor sessions, amending and voting on legislation for passage to the opposite chamber.

WA House APP - Committee Meeting

On Monday at 10am PT, the Washington State House Appropriations Committee (WA House APP) was scheduled to convene.

  • [ Event Details ]
  • Executive Sessions (following 5 public hearings)
    • ⚗️ HB 1668 - WSLCB Cannabinoid Regulation; the vehicle to determine the future of synthesized cannabinoids in Washington state; #3 on agenda
    • 💰⚖️ HB 1827 - Community Reinvestment; directing cannabis revenue collected by the state towards addressing harms of the American drug wars and the generational economic implications thereof; #9 on agenda
    • ⚖️ HB 2022 - Social Equity; significant structuring of the future of licensure, market dynamics, the inextricable connection of cannabis policy with troubling dimensions of the American drug wars; #17 on agenda
  • HB 1859, the seemingly non-controversial WSDA/WSLCB cannabis testing lab bill, was heard by finance committee members on Thursday February 3rd and passed without modification on Friday February 4th. Its companion in the Senate, SB 5699, remained identical at publication time but WA Senate WM Chair Christine Rolfes had a proposed amendment scheduled for consideration on Monday. All other cannabis-related legislation which began with a paired companion had been trimmed to one primary vehicle.
  • The WA House APP meeting on Monday heralds a key debate on the future of synthesized cannabinoids in Washington state. While HB 1668 had been scheduled for an executive session on Saturday February 5th, it was pulled from the agenda late on Friday night as amendments from both parties were in the works following its public hearing on Friday where opponents hammered the bill for not defining what constituted an “impairing” cannabinoid in statute rather than rule. Representative Eileen Cody filed an amendment which provided WSLCB with some latitude while Representative Drew MacEwen filed several amendments, including a striker, which appeared to take up the definitions proposed by the Washington CannaBusiness Association (WACA) in SB 5767 (which was not advanced), then on SB 5951 (which was dramatically revised). MacEwen also filed an amendment requiring WSLCB staff to consult with legislative appointees on rulemaking for HB 1668, a lighter, more tactical version of SB 5671, the WACA bill to restructure the board (which was similarly not advanced).
  • On Monday, Legislators would also vote on a proposed substitute from Democratic Majority Leader Pat Sullivan for HB 1827, the community reinvestment bill. Representative MacEwen lined up two amendments which would allow WSLCB staff to utilize funds to conduct a market analysis to determine if more retail stores were warranted - and to predicate new licensing on the legislature’s approval.
  • Finally, representatives would take up five proposed amendments to HB 2022, the social equity bill.

WA Senate WM - Committee Meeting

On Monday at 10am PT, the Washington State Senate Ways and Means Committee (WA Senate WM) was scheduled to convene.

  • [ Event Details ]
  • Executive Sessions (no public hearings)
    • 🔬SB 5699 - Cannabis Testing Labs; WSDA/WSLCB request legislation to shift regulation of labs to the department of agriculture; creation of Interagency Coordination Team (ICT) w/ department of health (DOH); #52 on agenda
    • 💸 SB 5796 - Revision of Cannabis Tax Revenue Appropriations; where the money goes; #68 on agenda
  • WA Senate WM Chair Christine Rolfes put forward a proposed substitute for SB 5796 which appeared to suggest a substantially different approach towards revising the appropriation of cannabis tax dollars than that originally proposed by Senator Rebecca Saldaña.

Tuesday February 8th

WA Senate LAW - Committee Meeting

On Tuesday at 8:30am PT, the Washington State Senate Law and Justice Committee (WA Senate LAW) was scheduled to convene.

  • [ Event Details ]
  • Public Hearing
    • ⚕️⚖️ HB 1105 - Arrest Protections for All Medical Cannabis Patients; not just those voluntarily registered with the state; #4 on agenda

WSLCB - Board Caucus

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

Wednesday February 9th

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 February 10th

WA SECTF - Work Group - Licensing

On Thursday at ?pm, the Washington State Legislative Task Force on Social Equity in Cannabis Licensing Work Group (WA SECTF - Work Group - Licensing) was scheduled to convene.

  • [ Event Details ]
  • At publication time, the agenda and start/end time had not been published for the first reconvening of the licensing work group in 2022.

Friday February 11th

WA Pharmacy Commission - Legislative Review

On Friday at 12pm PT, the weekly Washington State Pharmacy Quality Assurance Commission (WA Pharmacy Commission) Legislative Review was scheduled to recur.

  • [ Event Details ]
  • During session, the WA Pharmacy Commission hosts legislative review meetings where commissioners and staff discuss bills and decide on positioning/action which are open to the public.

2022 WA Legislative Session

The short session of the 2021-22 biennium began on Monday January 10th, 2022. Inactive cannabis-related bills from the 2021 session were re-introduced in their house of origin and the House and Senate convened multiple public hearings during the first three weeks of the short session. Thursday February 3rd was the first deadline for (most) bills to be recommended out of their house of origin policy committees. This past weekend, legislators and staff heard, amended, and pushed legislation through in advance of the second deadline for (most) bills to be recommended out of their house of origin finance committees.

Budget-Related Legislation - Active (2)

HB 1816 - “Making 2021-2023 fiscal biennium supplemental operating appropriations.”

  • [ Legislation ]
  • 💸 Operating Budget Changes; where the money goes
  • Sponsors (4): Timm Ormsby, Mia Gregorson, et al
  • Companion: SB 5693 (identical)
  • Previous Step: public hearing in WA House APP (Jan 10)

SB 5693 - “Making 2021-2023 fiscal biennium supplemental operating appropriations.”

  • [ Legislation ]
  • 💸 Operating Budget Changes; where the money goes
  • Sponsors (3): Christine Rolfes, Linda Wilson, et al
  • Companion: HB 1816 (identical)
  • Previous Step: public hearing in WA Senate WM (Jan 11)

Cannabis-Related Legislation - Active (11)

HB 1105 - “Concerning arrest protections for the medical use of cannabis.”

  • [ Legislation ]
  • ⚕️⚖️ Arrest Protections for All Medical Cannabis Patients; not just those voluntarily registered with the state
  • Sponsors (12): Shelley Kloba, et al
  • Previous Step: pro forma introduction in WA Senate and referral to WA Senate LAW (Feb 1)
  • Next Step: public hearing in WA Senate LAW (Feb 8)

HB 1210 - “Replacing the term ‘marijuana’ with the term ‘cannabis’ throughout the Revised Code of Washington.”

  • [ Legislation ]
  • 🌱⚖️ "marijuana" to "cannabis"
  • Sponsors (14): Melanie Morgan, et al
  • Previous Step: calendared in WA House (Feb 1)
  • Previous Step: second and third reading in WA House (Feb 2)
  • Next Step: pro forma introduction in WA Senate and referral to WA Senate LCTA (Feb 7)
  • Following Step: public hearing in WA Senate LCTA

HB 1668 - “Expanding regulatory authority over cannabinoids that may be impairing and providing for enhanced product safety and consumer information disclosure about marijuana products.”

  • [ Legislation ]
  • ⚗️ WSLCB Cannabinoid Regulation; the vehicle to determine the future of synthesized cannabinoids in Washington state
  • Requested By: WSLCB
  • Sponsors (3): Shelley Kloba, Sharon Wylie, et al
  • Companion: SB 5547 (inactive)
  • Previous Step: executive session in WA House COG (Jan 25)
  • Previous Step: public hearing in WA House APP (Feb 4)
  • Previous Step: postponed executive session in WA House APP (Feb 5)
  • Next Step: executive session in WA House APP (Feb 7)
  • One of two highly anticipated agency request bills from WSLCB, this bill would grant the board broad authority to regulate all “cannabinoids that may be impairing.” In crafting that authority, this 20-page bill would rewrite many fundamental definitions underpinning the Initiative 502 marketplace.

HB 1827 - “Creating the community reinvestment account and community reinvestment program.”

  • [ Legislation ]
  • 💰⚖️ Community Reinvestment; directing cannabis revenue collected by the state towards addressing harms of the American drug wars and the generational economic implications thereof
  • Requested By: WA Governor
  • Sponsors (5): Melanie Morgan, et al
  • Companion: SB 5706
  • Previous Step: executive session in WA House CED (Jan 28)
  • Previous Step: public hearing in WA House APP (Feb 3)
  • Previous Step: postponed executive session in WA House APP (Feb 4)
  • Next Step: executive session in WA House APP (Feb 7)

HB 1859 - “Concerning quality standards for laboratories conducting cannabis analysis.”

  • [ Legislation ]
  • 🔬 Cannabis Testing Labs; WSDA/WSLCB request legislation to shift regulation of labs to the department of agriculture; creation of Interagency Coordination Team (ICT) w/ department of health (DOH)
  • Requested By: WSDA, WSLCB
  • Sponsors (4): Shelley Kloba, Kelly Chambers, et al
  • Companion: SB 5699 (identical)
  • Previous Step: executive session in WA House COG (Jan 28)
  • Previous Step: public hearing in WA House APP (Feb 3)
  • Previous Step: executive session in WA House APP (Feb 4)
  • Next Step: calendaring in WA House RUL

HB 2022 - “Concerning social equity in the cannabis industry.”

  • [ Legislation ]
  • ⚖️ Social Equity; significant structuring of the future of licensure, market dynamics, the inextricable connection of cannabis policy with troubling dimensions of the American drug wars
  • Sponsors (13): Emily Wicks, Jesse Johnson, et al
  • Previous Step: public hearing in WA House COG (Jan 28)
  • Previous Step: executive session in WA House COG (Feb 3)
  • Previous Step: public hearing in WA House APP (Feb 5)
  • Next Step: executive session in WA House APP (Feb 7)
  • This bill expresses many recommendations of the Washington State Legislative Task Force on Social Equity in Cannabis (WA SECTF).

SB 5004 - “Providing a tax exemption for medical marijuana patients.”

  • [ Legislation ]
  • ⚕️💰 Excise Tax Exemption for Registered Medical Cannabis Patients; only those voluntarily registered with the state
  • Sponsors (8): Karen Keiser, et al
  • Previous Step: pro forma introduction and referral to WA House FIN (Jan 24)
  • Next Step: public hearing in WA House FIN

SB 5699 - “Concerning quality standards for laboratories conducting cannabis analysis.”

  • [ Legislation ]
  • 🔬 Cannabis Testing Labs; WSDA/WSLCB request legislation to shift regulation of labs to the department of agriculture; creation of Interagency Coordination Team (ICT) w/ department of health (DOH)
  • Requested By: WSDA, WSLCB
  • Sponsors (2): Steve Conway, Derek Stanford
  • Companion: HB 1859 (identical)
  • Previous Step: executive session in WA Senate LCTA (Jan 26)
  • Previous Step: public hearing in WA Senate WM (Feb 5)
  • Next Step: executive session in WA Senate WM (Feb 7)

SB 5796 - “Restructuring cannabis revenue appropriations.”

  • [ Legislation ]
  • 💸 Revision of Cannabis Tax Revenue Appropriations; where the money goes
  • Sponsors (5): Rebecca Saldaña, et al
  • Previous Step: executive session in WA Senate LCTA (Jan 26)
  • Previous Step: public hearing in WA Senate WM (Feb 5)
  • Next Step: executive session in WA Senate WM (Feb 7)

SB 5927 - “Concerning the safety and security of retail cannabis outlets.”

  • [ Legislation ]
  • 💣 SB 5927 - Retail Robberies; reporting requirements and sentencing enhancements
  • Sponsor (2): Jim Honeyford, et al
  • Companion: HB 2029 (inactive)
  • Previous Step: public hearing in WA Senate LAW (Jan 31)
  • Previous Step: executive session in WA Senate LAW (Feb 3)
  • Next Step: calendaring in WA Senate RULE
  • This bill would require retailers to report robberies to WSLCB, and the WSLCB Director of Enforcement and Education would be asked to subsequently confer with the Washington State Patrol (WSP). The bill would equate robberies of cannabis retailers with robberies of pharmacies, leveraging the system of "special allegations" and "special verdicts" to enhance sentencing in the criminal justice system.
  • The intent of the bill is similar to 2020 legislation, SB 6033 (“Concerning the safety and security of retail marijuana outlets”) which was granted a policy committee hearing. That bill asked state and local law enforcement to report cannabis retail robberies, which elicited concerned testimony by a representative of the Washington Association of Sheriffs and Police Chiefs (WASPC).

SB 5951 - “Concerning agricultural hemp products to ensure the safe implementation of Washington state's industrial hemp program.”

  • [ Legislation ]
  • 💊 CBD Truth-in-Labeling; w/out WACA cannabinoid definitions
  • Sponsors (2): Bob Hasegawa, et al
  • Previous Step: public hearing in WA Senate AWNP (Feb 1)
  • Previous Step: executive session in WA Senate AWNP (Feb 3)
  • Next Step: calendaring in WA Senate RULE
  • While making it a violation of the Consumer Protection Act to sell CBD products which do not contain the cannabinoids advertised, the bill would also encode definitions cribbed from SB 5767, the WACA cannabinoid regulation bill, for "Class A Cannabinoid" ("impairing cannabinoid" in SB 5767) and "Class B Cannabinoid" (everything else). Hasegawa was the third and only co-sponsor of 5767 beyond Stanford and Rivers.

Cannabis-Related Legislation - Inactive - House of Origin Finance Committee Cutoff (3)

HB 1019 - “Allowing residential marijuana agriculture.”

HB 1710 - “Establishing a Washington state cannabis commission.”

  • [ Legislation ]
  • Sponsors (4): Sharon Shewmake, et al
  • Last Step: executive session in WA House COG (Jan 20)
  • Not addressed by WA House APP

SB 5706 - “Creating the community reinvestment account and community reinvestment program.”

  • [ Legislation ]
  • 💰⚖️ Community Reinvestment; directing cannabis revenue collected by the state towards addressing harms of the American drug wars and the generational economic implications thereof
  • Requested By: WA Governor
  • Sponsors (6): Rebecca Saldaña, et al
  • Companion: HB 1827 (active)
  • Last Step: executive session in WA Senate LCTA (Jan 26)
  • Not addressed by WA Senate WM

Cannabis-Related Legislation - Inactive - House of Origin Policy Committee Cutoff (11)

HB 1414 - “Aligning marijuana licensing decisions by the liquor and cannabis board with local zoning ordinances.”

  • [ Legislation ]
  • Sponsors (2): Keith Goehner, Kelly Chambers
  • Last Step: public hearing in WA House COG (Feb 2, 2021)

HB 1463 - “Addressing serious mental health consequences of high-potency cannabis products by regulating the sale of cannabis concentrates.”

HB 1667 - “Concerning ownership of cannabis-related businesses.”

  • [ Legislation ]
  • Sponsors: Sharon Wylie
  • Previous Step: pro forma introduction and assignment to WA House COG (Jan 10)
  • Last Step: public hearing in WA House COG (Feb 1)

HB 1855 - “Concerning a craft cannabis endorsement.”

  • [ Legislation ]
  • Sponsors (5): Emily Wicks, Laurie Dolan, et al
  • Last Step: cancelled executive session in WA House COG (Feb 3)

HB 1933 - “Authorizing smaller local governments with a scarcity of manufacturing and industrial lands to establish a tax on cannabis producers and processors.”

  • [ Legislation ]
  • Sponsors (3): Emily Wicks, Carolyn Eslick, et al
  • Last Step: public hearing in WA House FIN (Jan 25)

HB 2029 - “Concerning the safety and security of retail cannabis outlets.”

  • [ Legislation ]
  • 💣 Retail Robberies; reporting requirements and sentencing enhancements
  • Sponsors (3): Kelly Chambers, Eric Robertson, et al
  • Companion: SB 5927 (active)
  • Last Step: pro forma introduction and assignment to WA House PS (Jan 18)

HB 2035 - “Establishing a behavioral health prevention and equity impact framework for the Washington state liquor and cannabis board.”

  • [ Legislation ]
  • Sponsors (13): Lauren Davis, Javier Valdez, et al
  • Last Step: public hearing in WA House COG (Jan 25)

SB 5517 - “Concerning employment of individuals who lawfully consume cannabis.”

  • [ Legislation ]
  • Sponsors (11): Karen Keiser, Rebecca Saldaña, et al
  • Last Step: cancelled executive session in WA Senate LCTA (Jan 26)

SB 5547 - “Expanding regulatory authority over cannabinoids that may be impairing and providing for enhanced product safety and consumer information disclosure about marijuana products.”

  • [ Legislation ]
  • ⚗️ WSLCB Cannabinoid Regulation; companion HB 1668 became the vehicle to determine the future of synthesized cannabinoids in Washington state
  • Requested By: WSLCB
  • Sponsors (6): Karen Keiser, Mark Schoesler, et al
  • Companion: HB 1668 (active)
  • Last Step: cancelled executive session in WA Senate LCTA (Feb 2)

SB 5671 - “Modifying the composition of the Washington state liquor and cannabis board.”

  • [ Legislation ]
  • Sponsors (5): Derek Stanford, Ann Rivers, et al
  • Last Step: public hearing in WA Senate LCTA (Jan 19)

SB 5767 - “Regulating hemp-derived cannabinoids.”

  • [ Legislation ]
  • Sponsors (3): Derek Stanford, Ann Rivers, et al
  • Last Step: public hearing in WA Senate LCTA (Jan 20)

Cannabis-Related Legislation - Inactive - Superseded (2)

HB 1260 - “Concerning the development of the marijuana market.”

  • [ Legislation ]
  • Sponsors (11): Emily Wicks, et al
  • Last Step: pro forma first reading and referral to WA House COG (Jan 18, 2021)
  • Subsumed by HB 1855

SB 5365 - “Establishing a Washington state cannabis commission.”