WSLCB members would consider four rulemaking actions before the Hemp in Food Task Force convened one last time, ending that effort without a clear path forward for hemp consumables.
Here’s a look at cannabis-related policymaking events on the calendar in the week ahead.
Monday June 19th
At publication time, no cannabis-related policymaking events were scheduled.
Tuesday June 20th
WSLCB - Board Caucus
On Tuesday at 10am PT, the weekly Washington State Liquor and Cannabis Board (WSLCB) Board Caucus was scheduled to recur.
- [ Event Details ]
Wednesday June 21st
WSLCB - Board Meeting
On Wednesday at 10am PT, the bi-weekly WSLCB Board Meeting was scheduled to recur.
- [ Event Details ]
- Policy and Rules staff planned to present four items to board members for rulemaking.
- Withdrawal of Cloud Storage CR-101. Based on an interpretation that less formal policy guidance may suffice, staff planned to ask the board to withdraw the rulemaking project started in January following acceptance of a rulemaking petition from the Washington CannaBusiness Association (WACA) in August 2022.
- Vapor Products Petition for Rulemaking on Violation Scope. Board members would consider a somewhat curious petition for rulemaking asking for clarification of the Category I violation in WAC 314-25-075 around sales of “a product that contains any amount of any cannabinoid, synthetic cannabinoid, cathinone, or methcathinone” by vapor retailers. The petitioner, Chris Girard of Cultiva Law, claimed that “Many enforcement officers are pulling lawful hemp products from ‘smoke shop’ retailer shelves, harming their business and causing much confusion” specifically as a result of the change to the definition of “cannabis products” in 2023 THC legislation, SB 5367. The petitioner indicated that hemp products which were not effectively banned by the legislation, including Cannabis Health And Beauty Aids (CHABA) and topical products, were getting swept up in the vapor shop dragnet, too.
- Social Equity Scoring Rubric Petition for Rulemaking. Members would also consider a petition for rulemaking from Black Excellence in Cannabis (BEC) Vice President Mike Asai calling for changes to the criteria used to identify former medical dispensary owners. During the June 13th WSLCB Board Caucus, Research Manager Kathy Hoffman indicated her preference would be to incorporate that subject into the larger rulemaking effort to implement 2023 social equity legislation, SB 5080, which she intended to carry over from her prior role leading the agency Policy and Rules team (Video - WSLCB, Video - TVW).
- SB 5367 Implementation CR-101. Lastly, members would be asked to initiate rulemaking to implement SB 5367. The CR-101 anticipated the scope of rulemaking would cover:
- Amending the definition of “cannabis”, “cannabis products”, and “THC concentration” in the Uniform Controlled Substances Act (UCSA);
- Adding new definitions of “package” and “unit” to the UCSA and amending other definitions;
- Modifying the permitted activities regarding the enhancement of cannabidiol (CBD) concentration in certain cannabis products;
- Amending the product labeling requirements to reference cannabis product “package” instead of container;
- Prohibiting any person from manufacturing, selling, or distributing cannabis products without a valid state-issued license;
- Prohibiting the production, processing, manufacturing, or sale of any synthetically derived, or completely synthetic cannabinoid, with limited exceptions; and
- Other relevant provisions as necessary to align the current rules within the scope of E2SSB 5367
Thursday June 22nd
WA Hemp in Food Task Force - Meeting
On Thursday at 2pm PT, the Washington State Hemp in Food Task Force (WA Hemp in Food Task Force) was scheduled to convene.
- [ Event Details ]
- The task force, formed by a legislative mandate set to expire at the end of June, last convened on June 8th. The themes of that thinly attended meeting echoed sentiments shared during their May 18th meeting following the close of a disastrous legislative session for hemp interests which saw the marketplace for cannabinoid hemp cultivars and products in Washington state arguably eviscerated by SB 5367.
- On Thursday, members still participating would likely convene for the last time under the auspices of the task force. WSDA staff responsible for hosting the meeting had repeatedly suggested reaching out to and including WSLCB staff in task force deliberations, and there had been an indication that WSLCB Director of Policy and External Affairs Justin Nordhorn might attend.
- During the June 1st meeting of the WSLCB Cannabinoid Science Work Group, Nordhorn talked about the history of the board effort to update cannabinoid regulations, describing how they’d moved on from “very complex” request legislation in 2022, shrinking the “focus down to the intoxicants.” When lawmakers attempted to have products containing any amount of THC restricted, Nordhorn framed agency staff as “explaining to folks zero doesn't work” and claimed “our position does not necessarily align with how the bill was ultimately passed.” He believed it would help keep “any type of THC out of hands of kids, however, [the bill] probably went a little too far” (audio - 7m).
Friday June 23rd
At publication time, no cannabis-related policymaking events were scheduled.