Senators unanimously passed a bill that may ban all CBD products in Washington state, and legislators would reconvene on Friday to potentially vote on two cannabis bills.
Here are some observations of the Washington State Legislature (WA Legislature) for Friday March 3rd, the 54th day of the 2023 Regular Session.
My top 4 takeaways:
- During their afternoon floor session on Thursday March 2nd, senators amended and passed SB 5367 (“Concerning the regulation of products containing THC”), which as written would perhaps unintentionally eliminate the hemp cannabinoid marketplace in Washington state.
- The legislation was pulled from the Washington State Senate Rules Committee (WA Senate RULE) to the Senate second reading calendar the previous day by co-sponsor Senator Karen Keiser. In doing so, she commented that she was amenable to amending the bill to get the THC limit on single servings of less regulated hemp cannabinoid products “down to zero,” eliciting the approval of committee member Senator Ann Rivers (video).
- Cannabis Observer has repeatedly expressed our understanding that separating every molecule of THC from any cannabis product is technically impossible and unprovable by private or State analytical labs.
- On Thursday, Rivers proposed amendment S-2098.1 which was described as having the following effects: ‘Amends the definition of "cannabis products" to include and bring under the regulatory authority of the Liquor and Cannabis Board, any product with any amount of tetrahydrocannabinol (THC), rather than including any product with a THC concentration of more than 0.5 milligram of THC per unit and 1.5 milligrams of THC per package. Removes the definition of "hemp consumable" and related references since the previously defined "hemp consumable" is now a "cannabis product."’
- Senators appeared to have become unanimously convinced that to ensure the safety of youth, any amount of THC in a hemp product was too much as they amended and passed the bill to age gate all products containing “any amount of THC.”
- Legislators and regulators both like to remind one another to be cautious of unintended consequences of their actions - and are even more loath to speculate on generally occluded motivations for particular positions. In this circumstance, the consequences, intended or not, are plain to see.
- We are not chemists at Cannabis Observer, but it is our understanding that all cannabis plants produce THC. Any oils extracted from hemp contain THC, and distillation processes for CBD are not 100% effective - yet this bill as written demands that certainty. Therefore all CBD products in the state would be banned from the open market.
- It’s unclear if the pharmaceutical Epidiolex would also be brought under WSLCB authority by this bill. Some sources claim the highly refined FDA-approved drug contains no THC, yet the official website hedges, “The active ingredient in EPIDIOLEX is nearly 100% pure CBD.”
- A January 2021 interpretive statement by WSLCB staff clarifying “the way that cannabidiol (CBD) products may be sold in licensed retail locations” concludes “Stand-alone CBD products, regardless of concentration or origin, are not expressly authorized for sale in licensed I-502 stores, unless they meet the definition of a CHABA product consistent with RCW 69.50.575.” So it appears this bill as written may ban the sale of CBD products in Washington state.
- We are not chemists at Cannabis Observer, but it is our understanding that all cannabis plants produce THC. Any oils extracted from hemp contain THC, and distillation processes for CBD are not 100% effective - yet this bill as written demands that certainty. Therefore all CBD products in the state would be banned from the open market.
- We are also not lawyers here at Cannabis Observer, so any interpretations we offer should always be vetted by others. But we do know this bill is likely not even halfway to the finish line, as representatives now have the opportunity to hear more public and private testimony on the bill before coming to their own conclusions about whether this policy as written serves the interests of all Washingtonians.
- The legislation was pulled from the Washington State Senate Rules Committee (WA Senate RULE) to the Senate second reading calendar the previous day by co-sponsor Senator Karen Keiser. In doing so, she commented that she was amenable to amending the bill to get the THC limit on single servings of less regulated hemp cannabinoid products “down to zero,” eliciting the approval of committee member Senator Ann Rivers (video).
- Also on Thursday, leadership in the House pulled HB 1563 (“Concerning arrest protections for the medical use of cannabis”) out of the Washington State House Rules Committee (WA House RUL) to their floor calendar.
- At publication time, WA House RUL had rarely been convened this session, leadership instead opting to pull packages of bills to the floor with the body’s consent.
- On Friday March 3rd, the Washington State House of Representatives (WA House) and the Washington State Senate (WA Senate) planned to reconvene to read, debate, amend, and vote on bills.
- After again convening late into the evening, WA House members pushed their planned start time back to 10:30am PT. At publication time, one cannabis bill had been advanced to the house floor calendar.
- HB 1563 - “Concerning arrest protections for the medical use of cannabis.”
- WA Senate members planned to convene at 9am PT. At publication time, one cannabis bill had been advanced to the senate floor calendar:
- SB 5340 - "Regarding limits on the sale and possession of retail cannabis products."
- At publication time, there were no published floor amendments on either bill.
- After again convening late into the evening, WA House members pushed their planned start time back to 10:30am PT. At publication time, one cannabis bill had been advanced to the house floor calendar.
- Also on Friday (“15 minutes after the senate goes at ease for lunch”), the Washington State Senate Rules Committee (WA Senate RULE) planned to meet to pull additional bills to the Senate second reading calendar.
- Senators would likely accept two packages of bills bundled by leadership and exercise one member pull from the 206 bills on the committee White Sheet.
- At publication time, four cannabis bills were assigned to WA Senate RULE: