Four more bills made it through the house of origin policy committee gateway while fiscal committees ramped up activity in the sprint before the first cutoff deadline on Friday.
Here are some observations of the Washington State Legislature (WA Legislature) for Wednesday February 15th, the 38th day of the 2023 Regular Session.
My top 3 takeaways:
- Legislators recommended four cannabis bills out of committees on Tuesday and heard a fast-moving bill which would authorize new private spaces for consumption of cannabis in Washington state besides one’s own home.
- SB 5377 - “Concerning cannabis license ownership.”
- In the Washington State Senate Labor and Commerce Committee (WA Senate LC) on Tuesday February 14th, members unanimously adopted a proposed substitute from Chair Karen Keiser which more clearly defined “inactive” producers and set additional guardrails. The bill was referred to the Washington State Senate Ways and Means Committee (WA Senate WM).
- SB 5546 - “Establishing a Washington state cannabis commission.”
- Also on Tuesday in WA Senate LC, senators adopted a proposed substitute from Keiser which defined a producer-controlled referendum process for modification of the assessment which would fund the commission.
- HB 1159 - “Allowing interstate cannabis agreements.”
- In the Washington State House Regulated Substances and Gaming Committee (WA House RSG) on Tuesday, members modified the interstate commerce trigger bill to include an amendment from the prime sponsor Representative Sharon Wylie which added a social equity commitment and a notice component. Another amendment by Representative Kelly Chambers which would have eliminated production caps when the bill went into effect was denied by the majority Democrat committee leadership.
- The amended bill was passed in a straight line party vote, a marked contrast to the Senate companion bill SB 5069 which was passed unanimously out of committee with the exception of one democrat who declared a concern about prioritization of equity. The bill would be referred to the Washington State House Rules Committee (WA House RUL) for calendaring.
- HB 1772 - "Prohibiting products that combine alcohol and tetrahydrocannabinol."
- Following a brief hearing on Monday February 13th, the bill to further ban THC-infused alcoholic products was quickly moved on Tuesday without amendment. Representative Melanie Morgan dissented, voicing her concern about proactive prohibitions of adult products without adequate research.
- HB 1822 - “Concerning complimentary products provided by short-term rental operators to guests.”
- Representatives also heard a new bill sponsored by Morgan which she clarified was filed in response to HB 1731 (“Concerning complimentary liquor by short-term rental operators”) to maintain “parity” between substances the State regulates. Speaking on behalf of Washington NORML, Citizen Observer Bailey Hirschburg offered the sole testimony on the bill, emphasizing its “almost groundbreaking” importance as Washingtonians remained confined to their homes as the only space authorized for consumption of cannabis by Washington State officials. He suggested legislators expand the product types on offer to include edibles and beverages as not everyone wants to smoke - nor do property owners necessarily want their guests doing so.
- The bill was scheduled for executive session on Thursday February 16th - the day before the house of origin policy committee cutoff.
- SB 5377 - “Concerning cannabis license ownership.”
- As attention began to shift to the house of origin fiscal committees, the weekend schedule of the Washington State Senate Ways and Means Committee (WA Senate WM) was published which included the Washington State Liquor and Cannabis Board (WSLCB) THC request bill near the top of the queue of planned public hearings.
- On Saturday February 18th at 9am PT, senators would convene for a planned five hour meeting to hear twenty selected bills. SB 5367, “Concerning the regulation of products containing THC,” was listed third in the announcement.
- However, senators had not been idling waiting for the policy committee cutoff and two cannabis bills were heard on Monday February 13th.
- SB 5080 - “Expanding and improving the social equity in cannabis program.”
- Testimony across the spectrum of support and opposition seemed to overemphasize concerns about retail outlet density and fears of “saturation” in unincorporated parts of counties. Speakers offered little concomitant acknowledgment of the ways that State-mandated buffer zones as well as local bans, moratoriums, and zoning codes had long been structured to exclude and confine cannabis businesses to particular geographies - alternately the cause and solution to concerns about retail outlet density.
- SB 5376 - “Allowing the sale of cannabis waste.”
- Two industry representatives spoke in strong support of the bill.
- SB 5080 - “Expanding and improving the social equity in cannabis program.”
- On Wednesday February 15th, members of the Washington State House Appropriations Committee (WA House APP) would get a jump on sending cannabis packaging waste to the dump in a fiscal committee hearing.
- Representatives would hear HB 1131 (“Improving Washington's solid waste management outcomes”) which included provisions requiring the WSLCB to undertake rulemaking to require use of post-consumer recycled content (PCRC) in cannabis packaging as described in section 503 of the substitute bill on page 127.