WA Legislature - Update (February 9, 2023)

Senators advanced two cannabis bills, schedules for the following week were published, a new bill would be introduced, and legislators would convene on Thursday for hearings and action.

Here are some observations of the Washington State Legislature (WA Legislature) for Thursday February 9th, the 32nd day of the 2023 Regular Session.

My top 3 takeaways:

During the Washington State Senate Rules (WA Senate RULE) meeting on Wednesday February 8th, senators advanced two cannabis bills to their regular calendar.
- SB 5123, “Concerning the employment of individuals who lawfully consume cannabis,” was pulled by Senator Rebecca Saldaña.
- SB 5405, “Modifying the liquor and cannabis board's subpoena authority,” was pulled by Senator Ron Muzzall.
- Those bills join SB 5069 (“Allowing interstate cannabis agreements”) on the Senate regular calendar, ready for their 2nd/3rd readings.
- While the Washington State House Rules Committee (WA House RUL) did not move either of the cannabis bills available on their review calendar, their staff did post notice in advance of their meeting - but it was not made remotely accessible.

On Wednesday afternoon, legislative staff announced committee schedules which described planned activity on eight cannabis bills during the following week - the last week for legislation to be moved out of their policy committees before the first house of origin cutoff.
- Washington State Senate Labor and Commerce Committee (WA Senate LC) on Monday February 13th
  - Executive Session
    - SB 5367 - “Concerning the regulation of products containing THC.”
    - SB 5340 - “Regarding limits on the sale and possession of retail cannabis products.”
    - SB 5363 - “Concerning cannabis retailer advertising.”
    - SB 5259 - “Ensuring commerce and workplaces are safe from product theft.”
- Washington State House Regulated Substances and Gaming Committee (WA House RSG) on Monday February 13th
  - Public Hearing
    - HB 1772 - “Prohibiting products that combine alcohol and tetrahydrocannabinol.”
- Washington State Senate Ways and Means Committee (WA Senate WM) on Monday February 13th
  - Public Hearing
    - SB 5080 - “Expanding and improving the social equity in cannabis program.”
    - SB 5376 - “Allowing the sale of cannabis waste.”
- WA House RSG on Thursday February 16th
  - Public Hearing
    - HB 1790 - “Expanding and improving the social equity in cannabis program.”

On Thursday February 9th, Representative Greg Cheney planned to introduce HB 1802, “Concerning minors in possession of alcohol, cannabis, or controlled substances.”
- On introduction, the bill was scheduled for referral to the Washington State House Community Safety, Justice, and Reentry Committee (WA House CSJR).

Also on Thursday, policy committees in both chambers planned to convene in the morning to hear and move bills.
- WA Senate LC on Thursday February 9th at 8am PT
  - Public Hearing
    - SB 5546 - “Establishing a Washington state cannabis commission.”
      - The companion bill, HB 1581, received mixed testimony in WA House RSG on Monday February 6th.
    - SB 5377 - “Concerning cannabis license ownership.”
      - HB 1341, the companion out-of-state ownership bill which would also suspend “inactive” producers was heard in WA House RSG on January 23rd and received mostly supportive testimony, with opposition centered on equity implications from the change.
      - During the Washington State Liquor and Cannabis Board (WSLCB) Executive Management Team meeting on Wednesday February 8th, Director Rick Garza inquired about potential agency and social equity impacts from the bill (audio - 3m, video - TVW).
- WA House RSG on Thursday February 9th at 8am PT
  - Executive Session
    - HB 1614 - “Concerning the home cultivation of cannabis.”
      - Representative Shelley Kloba, the prime sponsor of the bill, filed an amendment which would require that cannabis plants "must be grown within a locked or secured closet, room, greenhouse, or other enclosed area that is equipped with a lock or other security device that allows access only by an authorized person."
      - During the public hearing on the bill on February 2nd, opposition to the legislation was presented by Taylor Gardner, the Washington Association of Sheriffs and Police Chiefs (WASPC) Deputy Policy Director (audio - 2m, video - TVW). Gardner suggested this amendment, modeled after similar restrictions in the Nevada law, where home growing was limited to adults who do not live within 25 miles of a licensed retailer.