WA Legislature - Update
(February 1, 2023)

WA Legislature - Update (Feb 1, 2023) - Takeaways

Legislators moved four bills forward and heard two more, cannabis packaging changes may be delegated to WSLCB, and a substantial new labor bill was prepared for introduction.

Here are some observations of the Washington State Legislature (WA Legislature) for Wednesday February 1st, the 24th day of the 2023 Regular Session.

My top 4 takeaways:

  • Companion solid waste bills which included provisions impacting cannabis packaging would likely be substantially revised to remove that language and instead require the Washington State Liquor and Cannabis Board (WSLCB) to take up rulemaking to achieve similar effects.
    • HB 1131 and SB 5154, “Improving Washington's solid waste management outcomes,” were respectively heard in the Washington State House Environment and Energy Committee (WA House ENVI) on January 17th and the Washington State Senate Environment, Energy, and Technology Committee (WA Senate ENET) on January 17th and 18th.
    • On Tuesday, proposed substitute bills were published for the House and Senate versions of the legislation with identical changes. The list of effects indicated:
      • “Eliminates [Post-Consumer Recycled Content] PCRC requirements for cannabis-based products.
      • Directs the Liquor and Cannabis Board to update cannabis packaging rules to reduce plastic packaging in an amount commensurate with a [producer responsibility organization] PRO's source reduction rate, to allow for and encourage the reuse of cannabis containers, and authorizes the Liquor and Cannabis Board to adopt PCRC rules for cannabis packaging in consultation with Ecology.”
      • See sections 125 and 503
    • HB 1131 was scheduled for executive session in WA House ENVI on Thursday February 2nd and SB 5154 was scheduled for action in WA Senate ENET on Friday February 3rd.
  • A substantial new cannabis bill, SB 5662 (“Creating the cannabis employee job retention act”), was scheduled for introduction by Senator Rebecca Saldaña on Wednesday.
    • The 21-page bill would assign authority to the Washington State Department of Labor and Industries (WA LNI) to exercise oversight in relation to ownership changes of cannabis businesses.
    • The bill appeared to offer a superficial resemblance to CB 120393, an ordinance altering Seattle employment rules around cannabis worker retention by changing notification and hiring practices during business assumptions, which was passed by the Seattle City Council in August 2022 as part of a suite of equity- and labor-focused legislation.
    • The bill would likely be referred to WA Senate LC where Saldaña presided as Vice Chair.