The Week Ahead
(January 24, 2022)

24 Cannabis-Related Bills Open

24 cannabis-related bills were active and 11 were scheduled for committee activity in the week ahead, including social equity, craft endorsements, and WSLCB request legislation.

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

Monday January 24th

WA SECTF - Public Meeting

On Monday at 2pm PT, the Washington State Legislative Task Force on Social Equity in Cannabis (WA SECTF) planned to convene.

Tuesday January 25th

WA House COG - Committee Meeting

On Tuesday at 8am PT, the Washington State House Commerce and Gaming Committee (WA House COG) planned to convene.

  • [ Event Details ]
  • Public Hearing
    • HB 2035 - "Establishing a behavioral health prevention and equity impact framework for the Washington state liquor and cannabis board."
  • Executive Session
    • HB 1855 - “Concerning a craft cannabis endorsement.”
    • HB 1668 - “Expanding regulatory authority over cannabinoids that may be impairing and providing for enhanced product safety and consumer information disclosure about marijuana products.”

WSLCB - Board Caucus

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

WA House CED - Committee Meeting

On Tuesday at 10am PT, the Washington State House Community and Economic Development Committee (WA House CED) was scheduled to convene.

  • [ Event Details ]
  • Executive Session
    • HB 1827 - “Creating the community reinvestment account and community reinvestment program.”

WA House FIN - Committee Meeting

On Tuesday at 1:30pm PT, the Washington State House Finance Committee (WA House FIN) planned to convene.

  • [ Event Details ]
  • Public Hearing
    • HB 1933 - “Authorizing smaller local governments with a scarcity of manufacturing and industrial lands to establish a tax on cannabis producers and processors.”

WA HCA - DBHR Listening Session

On Tuesday at 1:30pm PT, the monthly Washington State Health Care Authority (WA HCA) Division of Behavioral Health and Recovery (DBHR) Behavioral Health Service Provider Listening Session was scheduled to recur.

  • [ Event Details ]
  • The event announcement indicated, “The call will focus on COVID-19 PPE and testing and section updates from HCA’s Division of Behavioral Health and Recovery. Time will be available for questions and discussion.”

WSDA - Work Group - Pesticide Penalties

On Tuesday at 1:30pm PT, the Washington State Department of Agriculture (WSDA) Pesticide Penalties Work Group was scheduled to convene.

Wednesday January 26th

WA Senate LCTA - Committee Meeting

On Wednesday at 10:30am PT, the Washington State Senate Labor, Commerce, and Tribal Affairs Committee (WA Senate LCTA) planned to convene.

  • [ Event Details ]
  • Executive Session
    • SB 5796 - "Restructuring cannabis revenue appropriations."
    • SB 5699 - "Concerning quality standards for laboratories conducting cannabis analysis."
    • SB 5706 - "Creating the community reinvestment account and community reinvestment program."
    • SB 5517 - "Concerning employment of individuals who lawfully consume cannabis."

Thursday January 27th

At publication time, no cannabis-related policymaking events were scheduled.

Friday January 28th

WA Pharmacy Commission - Legislative Review

The weekly Washington State Pharmacy Quality Assurance Commission (WA Pharmacy Commission) legislative review was cancelled.

  • [ Event Details ]
  • During session, the WA Pharmacy Commission hosts legislative review meetings which are open to the public where they discuss bills and decide on positioning/action. Friday’s meeting was cancelled as the content would be incorporated into the Commission’s regular business meeting that morning.

WA Pharmacy Commission - Public Meeting

On Friday at 9am PT, the WA Pharmacy Commission planned to convene.

  • [ Event Details ]
  • On January 14th, the commission met for legislative review but did not address SB 5547, the WSLCB cannabinoids bill. The meeting materials noted the bill “would move jurisdiction over some identified substances from the Pharmacy Quality Assurance Commission (PQAC) to the Liquor and Cannabis Board (LCB). These substances include forms of tetrahydrocannabinol (THC) other than delta-9 THC, which has previously been placed in LCB’s jurisdiction.”
  • After the introduction of SB 5767, a competing cannabinoid regulation bill, the commission’s legislation tracker was updated to indicate: “The bill may require the department to amend 246-70 WAC, depending on what LCB would need to change in their rules. We may need to amend our chapter regarding heavy metal screening and mycotoxin screening depending on how it affects LCB’s rulemaking.”

WA House COG - Committee Meeting

On Friday at 10am PT, the Washington State House Commerce and Gaming Committee (WA House COG) planned to convene.

  • [ Event Details ]
  • Public Hearing
    • HB 2022 - "Concerning social equity in the cannabis industry."
  • Executive Session
    • HB 1859 - “Concerning quality standards for laboratories conducting cannabis analysis.”

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 two weeks of the short session.

Budget-Related Legislation - Active (2)

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

  • [ Legislation ]
  • Sponsors (4): Timm Ormsby, Mia Gregorson, et al
  • Companion: SB 5693
  • Previous Step: public hearing in WA House APP (Jan 10)

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

  • [ Legislation ]
  • Sponsors (3): Christine Rolfes, Linda Wilson, et al
  • Companion: HB 1816
  • Previous Step: public hearing in WA Senate WM (Jan 11)

Cannabis-Related Legislation - Active (24)

HB 1019 - “Allowing residential marijuana agriculture.”

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

  • [ Legislation ]
  • Sponsors (12): Shelley Kloba, et al
  • Previous Step: executive session in WA Senate LAW (Mar 18, 2021)
  • Last Step: returned to WA House RUL (Apr 25, 2021)
  • Next Step: calendaring in WA House

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

  • [ Legislation ]
  • Sponsors (14): Melanie Morgan, et al
  • Previous Step: executive session in WA House COG (Jan 14)
  • Next Step: calendaring in WA House

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

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

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)
  • Next Step: public hearing in WA House COG
  • This bill as written intends to minimally and directly enable out-of-state ownership. The bill language was composed by Lukas Hunter of Harmony Farms drawing from his experience as a WSLCB staffer and in subsequent consultation with WSLCB staff. The bill would establish a 10% ownership threshold to initiate more thorough WSLCB vetting. For investigation of out-of-state owners, the bill would provide WSLCB staff with discretion to assess additional fees.
  • Meanwhile, the out-of-state ownership lawsuit brought by Todd Brinkmeyer was resolved in Thurston County Superior Court in July, and taken up again in federal court in November. Both parties have committed to filing their respective motions for summary judgment by February 1st. Responses and replies will be finished by mid-March. We're likely to see oral arguments and a decision after that.

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 ]
  • Requested By: WSLCB
  • Sponsors (3): Shelley Kloba, Sharon Wylie, et al
  • Companion: SB 5547
  • Postponed Step: executive session in WA House COG (Jan 21)
  • Next Step: executive session in WA House COG (Jan 25)
  • 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 1710 - “Establishing a Washington state cannabis commission.”

  • [ Legislation ]
  • Sponsors (4): Sharon Shewmake, et al
  • Previous Step: executive session in WA House COG (Jan 20)
  • Next Step: public hearing in WA House APP
  • An evolution of SB 5365

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

  • [ Legislation ]
  • Requested By: WA Governor
  • Sponsors (5): Melanie Morgan, et al
  • Companion: SB 5706
  • Previous Step: public hearing in WA House CED (Jan 19)
  • Rescheduled Step: executive session in WA House CED (Jan 21)
  • Next Step: executive session in WA House CED (Jan 25)

HB 1855 - “Concerning a craft cannabis endorsement.”

  • [ Legislation ]
  • Sponsors (5): Emily Wicks, Laurie Dolan, et al
  • Previous Step: public hearing in WA House COG (Jan 14)
  • Next Step: executive session in WA House COG (Jan 25)
  • An evolution of HB 1260

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

  • [ Legislation ]
  • Requested By: WSDA, WSLCB
  • Sponsors (4): Shelley Kloba, Kelly Chambers, et al
  • Companion: SB 5699
  • Previous Step: public hearing in WA House COG (Jan 18)
  • Next Step: executive session in WA House COG (Jan 28)

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
  • Previous Step: pro forma introduction and assignment to WA House FIN (Jan 12)
  • Next Step: public hearing in WA House FIN (Jan 25)
  • This bill would authorize narrowly defined jurisdictions with populations under 50K to impose an excise tax on producer and/or processor sales of up to 1%.

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

  • [ Legislation ]
  • Sponsors (13): Emily Wicks, Jesse Johnson, et al
  • Previous Step: pro forma introduction and assignment to WA House COG (Jan 17)
  • Next Step: public hearing in WA House COG (Jan 28)
  • This bill expresses many recommendations of the Washington State Legislative Task Force on Social Equity in Cannabis (WA SECTF).

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

  • [ Legislation ]
  • Sponsors (3): Kelly Chambers, Eric Robertson, et al
  • Companion: SB 5927
  • Previous Step: pro forma introduction and assignment to WA House PS (Jan 18)
  • Next Step: public hearing in WA House PS
  • 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).

NEW: 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
  • Previous Step: pro forma introduction and assignment to WA House COG (Jan 18)
  • Next Step: public hearing in WA House COG (Jan 25)
  • This lengthy bill runs to 22 pages of largely new sections which describe an admirable framework for social equity impact assessment - questionably married to a behavioral health agenda requiring formal consideration, engagement, and guidance from prevention community advocates at the inception of every "significant agency action." Consideration of "behavioral health prevention and equity impact" would be incorporated into the agency's strategic plan, a new community engagement plan, new impact assessments, agency budget development, mandatory reporting requirements, and a tribal consultation policy. A health disparities map managed by the Washington State Department of Health (DOH) would incorporate WSLCB data, while the 15 members of a new “Behavioral Health Prevention and Equity Impact Council” would be appointed by the Secretary of the Washington State Health Care Authority (WA HCA), the home of the Division for Behavioral Health and Recovery (DBHR) and the obscure Prevention Research Subcommittee (WA HCA PRSC).

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

  • [ Legislation ]
  • Sponsors (8): Karen Keiser, et al
  • Previous Step: returned to WA Senate RULE (Apr 25, 2021)
  • Previous Step: placed in WA Senate X-File (Jan 10)
  • Previous Step: returned to WA Senate RULE (Jan 11)
  • Previous Step: pulled to WA Senate by Annette Cleveland (Jan 14)
  • Previous Step: second and third reading in WA Senate (Jan 19)
  • Previous Step: pro forma introduction and referral to WA House FIN (Jan 24)
  • Next Step: public hearing in WA House FIN

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

  • [ Legislation ]
  • Sponsors (11): Karen Keiser, Rebecca Saldaña, et al
  • Previous Step: public hearing in WA Senate LCTA (Jan 19)
  • Next Step: executive session in WA Senate LCTA (Jan 26)
  • With some exceptions, this bill would make it unlawful to refuse to hire or fire an employee should the results of a drug screening test indicate the presence of cannabis.

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 ]
  • Requested By: WSLCB
  • Sponsors (6): Karen Keiser, Mark Schoesler, et al
  • Companion: HB 1668
  • Previous Step: public hearing in WA Senate LCTA (Jan 20)
  • Next Step: executive session in WA Senate LCTA

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

  • [ Legislation ]
  • Sponsors (5): Derek Stanford, Ann Rivers, et al
  • Previous Step: public hearing in WA Senate LCTA (Jan 19)
  • Next Step: executive session in WA Senate LCTA
  • WSLCB board members publicly discussed this bill on December 14th, which Chair Postman noted sought to change “the board of the LCB, and rather than just the three of us, would expand it” to a total of five board members and “four legislators as ex officio members.” WSLCB board members asserted the Washington CannaBusiness Association was behind the bill.
  • In 2019, Senator Karen Keiser introduced SB 5296 ("Concerning the liquor and cannabis board") which, among other things, would have increased the board to 5 members and added 2 ex-officio legislator members (the chairs of WA House COG and WA Senate LCTA). That bill seems to have been driven by alcohol interests judging by its content and was not taken up after recommendation by WA Senate LCTA.

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

  • [ Legislation ]
  • Requested By: WSDA, WSLCB
  • Sponsors (2): Steve Conway, Derek Stanford
  • Companion: HB 1859
  • Previous Step: public hearing in WA Senate LCTA (Jan 20)
  • Next Step: executive session in WA Senate LCTA (Jan 26)

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

  • [ Legislation ]
  • Requested By: WA Governor
  • Sponsors (6): Rebecca Saldaña, et al
  • Companion: HB 1827
  • Previous Step: public hearing in WA Senate LCTA (Jan 19)
  • Next Step: executive session in WA Senate LCTA (Jan 26)

SB 5767 - “Regulating hemp-derived cannabinoids.”

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

SB 5796 - “Restructuring cannabis revenue appropriations.”

  • [ Legislation ]
  • Sponsors (5): Rebecca Saldaña, et al
  • Previous Step: public hearing in WA Senate LCTA (Jan 19)
  • Next Step: executive session in WA Senate LCTA (Jan 26)

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

  • [ Legislation ]
  • Sponsor (2): Jim Honeyford, et al
  • Companion: HB 2029
  • Previous Step: pro forma introduction and assignment to WA Senate LAW (Jan 21)
  • Next Step: public hearing in WA Senate LAW

Cannabis-Related Legislation - Inactive (3)

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 5035 - “Concerning offender scoring of drug offenses.”

  • [ Legislation ]
  • Sponsors (18): Manka Dhingra, et al
  • Previous Step: returned to WA Senate RULE (Apr 25, 2021)
  • Last Step: Placed in WA Senate X-file (Jan 10)

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