The Week Ahead
(January 3, 2022)

Endorsement of WA SECTF Recommendations

Before the 2022 legislative session, WA SECTF recommendations may be formally endorsed and one prong of the WSLCB response to synthesized cannabinoids would likely be adopted.

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

Monday January 3rd

WA Governor Council on Health Disparities - Public Meeting

On Monday at 11am PT, the Washington State Governor’s Interagency Council on Health Disparities (WA Governor Council on Health Disparities) was scheduled to convene.

  • [ Event Details ]
  • The council last convened on December 2nd in part to hear an update from staff for the Washington State Legislative Task Force on Social Equity in Cannabis (WA SECTF), which the council maintains staffing for. WA SECTF staff were seeking the endorsement of the Council on its recommendations, but the Council was unable to move forward with a vote for multiple reasons.
    • Council member attendance was low towards the end of the meeting but a quorum of members were present. However, representatives from the Washington State Department of Social and Health Services (WA DSHS), the Washington State Department of Commerce (WA Commerce), and the Washington State Department of Agriculture (WSDA) all said they would have to abstain from a vote because they hadn't reviewed the recommendations - and as cabinet-level agencies they needed to wait to see the Governor's proposed budget as they were required to align with his intentions.
      • An appointee from WA Commerce had been a member of WA SECTF, but there had been recent turnover in the role.
    • It was conveyed how damaging failing to obtain the parent Council's endorsement could be for potential equity legislation, and members agreed to try to meet in early January before the session for an emergency vote.
  • On December 16th, the Washington State Office of the Governor (WA Governor) released a proposed 2022 budget. On page 74, under “Invest in addressing historical inequities”, the Governor signaled support for addressing the harms of the war on drugs through a community reinvestment program as suggested by WA SECTF:
    • The governor will request legislation to establish a Community Reinvestment Fund to provide program grants to certain Washington communities. Disproportionally affected by economic and social disparities, these communities have experienced historically and inequitably enforced criminal laws and penalties for illegal drug sales, possession and use.
    • The department will also use the funds to prevent violence, develop economic capital to reduce poverty in highly-impacted communities, offer civil and criminal legal aid to expunge criminal records and vacate criminal convictions, and implement reentry services to facilitate successful transitions for formerly incarcerated individuals. In addition, the state will develop a study that identifies how to target specific communities for community reinvestment grants. Until the study is complete, the department will rapidly distribute funding through existing programs and networks. ($125 million Community Reinvestment Account-State)
  • On Monday January 3rd, the council would convene for an hour to consider a motion declaring: “the war on drugs has resulted in significant harm to the Black community and other Communities of Color. As the entity responsible for providing staff support to the Social Equity in Cannabis Task Force, the Council strongly supports the Task Force’s work and the broad policy concepts of ensuring licenses are issued to those most affected by the war on drugs, reducing barriers and supporting individuals who receive social equity retail licenses to foster success, and reinvesting cannabis tax revenue back into disproportionately impacted communities.”
    • The balance sheet detail on page 11 of the Governor’s proposed budget indicated a $62.5M “Marijuana Revenue Distribution Change” was accounted for - precisely half of proposed funding for the $125M Community Reinvestment Account-State.

Tuesday January 4th

WSLCB - Board Caucus

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

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.

Wednesday January 5th

WSLCB - Board Meeting

On Wednesday at 10am PT, the bi-weekly WSLCB Board Meeting was scheduled to recur.

Thursday January 6th

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

Friday January 7th

DOH - RFI 26607 - Responses Due

On Friday, responses to staff at the Washington State Department of Health (DOH) about efforts to re-procure a medical cannabis patient registration system were expected.

  • [ RFI 26607 ]
  • Shortly after the October 21st presentation by DOH to Washington State House Commerce and Gaming Committee (WA House COG) members which featured some information derived from the registered patient database, agency staff published a new request for information (RFI) to begin the process of re-procuring the medical cannabis patient registration system.
  • Following receipt and “To the extent possible, answers will be consolidated and answered in an Amendment to this RFI that is published on the Department’s website and on WEBS on or about December 17, 2021.”

2022 WA Legislative Session

The short session of the 2021-22 biennium was scheduled to begin on Monday January 10th, 2022. Inactive cannabis-related bills from the 2021 session would be re-introduced in their house of origin and pre-filing of new bills began Monday December 6th.

Cannabis-Related Legislation - Pre-Filed (6)

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

  • [ Legislation ]
  • Sponsors: Sharon Wylie
  • Previous Step: pre-filed (Dec 20)
  • Next Step: introduction (Jan 10)

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 (2): Shelley Kloba, Sharon Wylie
  • Companion: SB 5547
  • Previous Step: pre-filed (Dec 20)
  • Next Step: introduction (Jan 10)
  • 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 1681 - “Modifying the requirements for vacating conviction records.”

  • [ Legislation ]
  • Sponsors (2): Tarra Simmons, Drew Hansen
  • Previous Step: pre-filed (Dec 21)
  • Next Step: introduction (Jan 10)

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

  • [ Legislation ]
  • Sponsors (1): Sharon Shewmake
  • Previous Step: pre-filed (Dec 28)
  • Next Step: introduction (Jan 10)
  • An evolution of SB 5365.

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

  • [ Legislation ]
  • Sponsors (2): Karen Keiser, Rebecca Saldaña
  • Previous Step: pre-filed (Dec 8)
  • Next Step: introduction (Jan 10)
  • With some exceptions, the 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 (2): Karen Keiser, Mark Schoesler
  • Companion: HB 1668
  • Previous Step: pre-filed (Dec 16)
  • Next Step: introduction (Jan 10)

Cannabis-Related Legislation - Inactive (13)

HB 1019 - “Allowing residential marijuana agriculture.”

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

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

  • [ Legislation ]
  • Last Step: calendared by WA Senate RULE on Saturday April 10th

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

  • [ Legislation ]
  • 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.”

  • [ Legislation ]
  • 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 5365 - “Establishing a Washington state cannabis commission.”