Deliberative work characteristic of the interim between legislative sessions began in earnest this week with social equity, medical marijuana, and behavioral health events on the calendar.
Here’s a look at cannabis-related policymaking events on the calendar in the week ahead.
Monday May 3rd
On Monday at 2pm PT, Washington State Governor Jay Inslee (WA Governor) was scheduled to take action on a set of bills.
- [ Event Details ]
- Included among the list of bills was HB 1443, "Concerning social equity within the cannabis industry."
On Monday at 4pm PT, the Washington State Legislative Task Force on Social Equity in Cannabis Disproportionately Impacted Communities Work Group (WA SECTF - Work Group - Disproportionately Impacted Communities) was scheduled to convene.
- [ Event Details ]
- The work group last convened on April 13th. During that meeting, two breakout groups were formed to deliberate on geographic criteria for disproportionately impacted areas and a definition of ‘family’, both important for eventual recommendation to the Washington State Liquor and Cannabis Board (WSLCB) for use when establishing a social equity program (SEP). The meeting materials for Monday’s event included follow up proposals regarding use of census tracts for geographic analysis and a definition of 'family'.
Tuesday May 4th
On Tuesday at 10am PT, the weekly WSLCB Board Caucus was scheduled to recur.
- [ Event Details ]
Wednesday May 5th
On Wednesday at 10am PT, the Washington State Citizen Commission for Performance Measurement of Tax Preferences (WA Commission for Measurement of Tax Preferences) was scheduled to convene.
- [ Event Details ]
- This week, we'll observe the Washington State Citizen Commission on Performance Measurement of Tax Preferences for the first time, as that body will consider and accept public testimony on the Washington State Joint Legislative Audit and Review Committee (JLARC) medical marijuana tax preference review later this year.
- The WA Commission for Measurement of Tax Preferences was established by the 2006 Legislature (RCW 43.136). The seven-member Commission is made up of five appointees: two appointed by the House, two appointed by the Senate, and one appointed by the Governor; and two non-voting members: the State Auditor and the Chair of JLARC. Members serve four-year terms and may be reappointed to serve more than one term.
- The Legislature has defined a “tax preference” as an exemption, exclusion, or deduction from the base of a state tax; a credit against a state tax; a deferral of a state tax; or a preferential state tax rate. The Department of Revenue has on record about 600 such tax preferences. The Commission develops a schedule to review tax preferences, based on a ten year review schedule. The Commission also comments on the reviews which are conducted independently by JLARC staff, which it’s our understanding is the circumstance for the medical marijuana tax preference review.
- This past session, SB 5004 (“Providing a tax exemption for medical marijuana patients”) would have created a new tax preference for registered medical marijuana patients, exempting them from paying the hefty 37% State excise tax on the purchase of a vanishingly small selection of DOH-compliant cannabis products. After walking WSLCB back from an initial fiscal note which warned of diminished revenue to the State from continued taxation of patient medicine, legislators were convinced to ask JLARC to study just how much money was retained by patients to inform decision making as a built in sunset approached. JLARC projected that study would cost the State over $300K - more than 50x the amount of tax revenue lost to patients as projected by WSLCB for the same biennium. The bill progressed through the Senate and was recommended by a House policy committee, but was not subsequently calendared for floor action.
- The outcomes from the current study by JLARC and the WA Commission for Measurement of Tax Preferences may be quite influential on the continued progress of SB 5004 during the next legislative session.
Thursday May 6th
At publication time, no cannabis-related policymaking events scheduled
Friday May 7th
On Friday at 9am PT, the Washington State Department of Health Substance Use Disorder Certification Advisory Committee (DOH - SUD Certification Advisory Committee) was scheduled to convene.
- [ Event Details ]
- This week, we'll observe the Department of Health SUD Certification Advisory Committee for the second time. The Committee's purpose as defined in RCW 18.205.080 remains "to further the purposes of this chapter" regarding certification of substance use disorder professionals, trainees, and co-occurring disorder specialists.
- There was already a shortage of State-certified Substance Use Disorder Professionals (SUDP) before the passage of SB 5476 (“Responding to the State v. Blake decision by addressing justice system responses and behavioral health prevention, treatment, and related services”) which began a great shift away from criminalization and towards a behavioral health response to individuals in possession of controlled substances. During this meeting we expect to observe a presentation on the Committee apprenticeship program which was the subject of HB 1311 this session and imbued new authorities in the body.
2021 Legislative Session
Legislators declared the end of the regular session on Sunday April 25th.
Cannabis-related Laws (1)
- SB 5372 - "Concerning a hemp processor registration process."
- Sponsors (6): Stanford, Warnick, Conway, Hasegawa, Saldaña, J. Wilson
- Last Step: signed by WA Governor on Friday April 16th
- Effective Date: Saturday July 24th, 90 days after adjournment of regular session
Cannabis-related Bills - Delivered to Governor (4)
- HB 1443 - "Concerning social equity within the cannabis industry."
- Sponsors (13): Morgan, Wicks, Simmons, Berry, J. Johnson, Ramel, Kloba, Ryu, Peterson, Ormsby, Ortiz-Self, Harris-Talley, Macri
- Last Step: delivered to WA Governor on Thursday April 22nd
- Next Step: bill action by WA Governor on Monday May 3rd
- SB 5092 - "Making 2021-2023 fiscal biennium operating appropriations."
- Sponsors (3): Rolfes, L. Wilson, C. Wilson
- Last Step: delivered to WA Governor on Monday April 26th
- Next Step: bill action by WA Governor
- SB 5361 - “Concerning the resentencing of persons convicted of drug offenses.”
- Sponsors (3): McCune, Warnick, J. Wilson
- Last Step: delivered to WA Governor on Monday April 26th
- Next Step: bill action by WA Governor
- SB 5476 - “Responding to the State v. Blake decision by addressing justice system responses and behavioral health prevention, treatment, and related services.”
- Sponsors (11): Dhingra, Hasegawa, Hunt, Kuderer, Lovelett, Nguyen, Pedersen, Rivers, Robinson, Saldaña, Wellman
- Last Step: delivered to WA Governor on Monday April 26th
- Next Step: bill action by WA Governor