The Week Ahead
(March 13, 2023)

This is Fine - WSLCB - SB 5367 - Poison Pill

Following the house of origin cutoff, 15 cannabis-related bills remained clearly active - but attention would be absorbed by uncertain ambitions around the WSLCB THC bill.

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

Monday March 13th

WA House RSG - Committee Meeting

On Monday at 1:30pm PT, the Washington State House Regulated Substances and Gaming Committee (WA House RSG) was scheduled to convene.

  • [ Event Details ]
  • Public Hearing
    • SB 5367 - “Concerning the regulation of products containing THC.”
      • The regulated substances policy committee in the House planned to begin the week by hearing what had become the most controversial cannabis bill of the session, SB 5367. Originally WSLCB request legislation—and still shepherded closely by agency staff—the bill took a turn for the unmanageable on the Senate floor after an amendment by Senator Ann Rivers was adopted. Senators unanimously voted the engrossed bill out of the chamber which, as rewritten, sought “to include and bring under the regulatory authority of the [WSLCB], any product with any amount of [THC],” including all hemp cannabinoid products - potentially sweeping up FDA-approved Epidiolex in the process.
      • The attempted elimination of the less regulated hemp cannabinoid marketplace in Washington state did not go unnoticed by staff at the Washington State Department of Agriculture (WSDA) who manage the relatively small hemp production program largely funded by annual license fees. In a blunt fiscal note published on Friday March 10th, staff wrote that “WSDA assumes up to a 75% reduction in our current 72 hemp licensees“ because under the bill as written, “cannabis products with any amount of THC (including products previously defined as hemp) must be sold through the I-502 regulatory channel.“
      • In addition, the revised fundamental definitions in the legislation appeared to leave the door open to re-introduction of synthesized cannabinoids into the regulated 502 marketplace without additional consumer safety due diligence, product testing requirements, or labeling required.
      • Given the high stakes and understandable pushback, it was Cannabis Observer’s understanding that committee leaders were considering postponing the public hearing on SB 5367, and may cancel their Monday meeting outright.
      • While the simplicity of the approach advocated for by Senator Rivers was politically easy to swallow, cannabis is complicated - and her amendment may have disguised a poison pill for the WSLCB-backed legislation. Whether the legislative body can transmute that bill in a more beneficial direction remains to be seen.
  • Executive Session

Tuesday March 14th

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 LAWS - Committee Meeting

On Tuesday at 10:30am PT, the Washington State House Labor and Workplace Standards Committee (WA House LAWS) was scheduled to convene.

  • [ Event Details ]
  • Public Hearing
    • SB 5123 - "Concerning the employment of individuals who lawfully consume cannabis."

WA House RSG - Committee Meeting

On Tuesday at 4pm PT, the Washington State House Regulated Substances and Gaming Committee (WA House RSG) was scheduled to convene.

  • [ Event Details ]
  • Public Hearing
    • SB 5080 - “Expanding and improving the social equity in cannabis program.”

Wednesday March 15th

WSLCB - Board Meeting

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

  • [ Event Details ]
  • At publication time, it was Cannabis Observer’s understanding that WSLCB Policy and Rules staff planned to request the withdrawal of the canopy rulemaking project following a discussion with the board on Tuesday March 7th. After changes to canopy rules were not broadly supported by industry stakeholders, staff proposed ending rulemaking in favor of an interpretive statement likely to be issued in early April.

Thursday March 16th

WA House RSG - Committee Meeting

On Thursday at 8am PT, the Washington State House Regulated Substances and Gaming Committee (WA House RSG) was scheduled to convene.

  • [ Event Details ]
  • Executive Session
    • SB 5367 - “Concerning the regulation of products containing THC.”
      • Whether committee members would host an executive session on the WSLCB THC bill on Thursday would likely depend on whether they moved forward with hosting a public hearing on Monday as originally planned. It was our understanding that draft amendment language was already in circulation at publication time.

Friday March 17th

WA Pharmacy Commission Legislative Committee - Public Meeting

On Friday at 12pm PT, the Washington State Pharmacy Quality Assurance Commission Legislative Committee (WA Pharmacy Commission Legislative Committee) was scheduled to convene their weekly public meeting.

WA Hemp in Food Task Force - Meeting

On Friday at 3pm PT, the Washington State Hemp in Food Task Force (WA Hemp in Food Task Force) was scheduled to convene.

  • [ Event Details ]
  • WSDA staff announced the meeting at the end of February, indicating “we will have legislative updates provided as well as an overview of the finalized literature review.”
  • While the task force members who had planned to introduce legislation aiming to create a pilot program for hemp cannabinoids in foods, beverages, and dietary supplements did not do so this session, they would likely have strong opinions on the potential elimination of the hemp cannabinoid marketplace.