Legislators fielded hearings on “potency” bills and home cultivation before advancing patient legislation while a companion containing provisions affecting cannabis packaging was moved.
Here are some observations of the Washington State Legislature (WA Legislature) for Friday February 3rd, the 26th day of the 2023 Regular Session.
My top 2 takeaways:
- On Thursday February 2nd, members of the Washington State House Regulated Substances and Gaming Committee (WA House RSG) heard divergent testimony on cannabis concentrate legislation as well as almost entirely positive feedback on allowing home grow before they recommended two medical cannabis bills.
- HB 1641 - "Addressing public health challenges of high-potency cannabis products."
- Positions (testifying, not testifying)
- PRO: 28
- CON: 111
- OTHER: 1
- In a fiscal note added to HB 1641 on Thursday, WSLCB staff claimed to be unable to estimate the potential impact of the bill on cash receipts for the following reason:
- “The agency's Cannabis Central Reporting System (CCRS) has the capability for cannabis retailers to report THC percentages on sales to consumers, however, licensees are not required to utilize this functionality and it appears it is used less than 1/10th of the time. Thus, the agency does not have enough data to make an analysis regarding the impact of changing the cannabis excise tax structure would have, so the impact is indeterminate.”
- A fiscal note for HB 1595, another bill that would vary the cannabis excise tax by THC concentration, was added the same day and included the same qualifier. Curiously, that reasoning was not added to the fiscal note on HB 1642 which was published the day before on February 1st; staff provided no estimate on that bill either.
- Cannabis Observer inquired with WSLCB staff for clarification on this subject.
- Positions (testifying, not testifying)
- HB 1642 - “Regulating the sale of cannabis concentrates.”
- Positions (testifying, not testifying)
- PRO: 17
- CON: 106
- OTHER: 1
- Committee members combined the hearings on HB 1641 and HB 1642 [ video ].
- Positions (testifying, not testifying)
- HB 1614 - “Concerning the home cultivation of cannabis."
- Supportive testimony on a bill to legalize home cultivation of cannabis highlighted restrictions in the bill, though two speakers were opposed on safety and youth access grounds.
- HB 1453 - “Providing a tax exemption for medical cannabis patients.”
- With the exception of Representative Eric Robertson who was not present for the vote, all members recommended the legislation without modification.
- HB 1563 - "Concerning arrest protections for the medical use of cannabis.”
- Republican Representative Greg Cheney sided with his democrat peers to recommend the bill without modification out of committee.
- HB 1641 - "Addressing public health challenges of high-potency cannabis products."
- Also on Thursday, the proposed substitute for HB 1131 containing cannabis packaging provisions was adopted, amended, and recommended out of committee during the Washington State House Environment and Energy Committee (WA House ENVI) meeting.
- The bill would be referred to the Washington State House Appropriations Committee (WA House APP).
- On Friday February 3rd, the Washington State Senate Environment, Energy, and Technology Committee (WA Senate ENET) was scheduled to host an executive session on SB 5154, the companion bill which included matching changes in its proposed substitute.
- Senator Drew MacEwen suggested a striking amendment to SB 5154 that would require a statewide study of the need for a producer responsibility program by 2025, which would do away with the packaging changes required of WSLCB. Several other proposed amendments would have no effect on the cannabis provisions.