WA Legislature - Update
(March 30, 2023)

WA Legislature - Update (March 30, 2023) - Takeaways

Legislation to proscribe pre-employment screening for cannabis use was passed in the House as officials and staff in both chambers worked to revise and pass their respective operating budget bills.

Here are some observations of the Washington State Legislature (WA Legislature) for Thursday March 30th, the 81st day of the 2023 Regular Session.

My top 3 takeaways:

  • On Wednesday March 29th, the House passed the first substantial senate cannabis policy bill, the Senate confirmed the appointment of the Washington State Liquor and Cannabis Board (WSLCB) Chair, and both chambers amended and moved their respective operating budget bills.
    • During their floor session, legislators in the Washington State House of Representatives (WA House) amended and passed SB 5123, “Concerning the employment of individuals who lawfully consume cannabis.”
      • Three floor amendments were proposed which bore an uncanny similarity to amendments rejected in committee. But the changes enjoyed a different fate on consideration by the larger body:
      • On third reading, the legislation was passed 57-41. After re-introduction in the Senate, the bill will have to go through a concurrence process due to the changes.
    • At the beginning of the Washington State Senate (WA Senate) floor session, senators confirmed the gubernatorial appointment of WSLCB Chair David Postman.
    • Senators subsequently hosted second and third readings on SB 5187 (“Making 2023-2025 fiscal biennium operating appropriations”) including the addition of a proviso to continue funding the Washington State Department of Agriculture (WSDA) to test cannabis samples for pesticides.
      • On Tuesday March 28th during his update, WSLCB Director of Legislative Relations Marc Webster briefly mentioned “some concerns that we've heard from the Department of Agriculture regarding the funding for their testing lab, but we're going to need to to learn more about that.”
      • Senator Karen Keiser proposed amendment S-2752.1 which “Provides one-time funding for laboratory analysis of pesticides in cannabis that was previously funded through the dedicated cannabis account. The dedicated cannabis account statute removes this distribution at the end of fiscal year 2023.” The WSDA would receive $635K in each of fiscal years 2024 and 2025. The amendment was adopted in a voice vote with little if any opposition.
      • After the body addressed 24 floor amendments on their version of the operating budget, Senators voted 40-9 to pass the engrossed legislation.
    • In the late afternoon into the early morning hours, the Washington State House Appropriations Committee (WA House APP) amended and passed HB 1140, their version of the operating budget.
      • After a four hour caucus, members published 91 potential amendments to the legislation and hosted an executive session to consider each one which ran past midnight.
      • On initial review, there were no cannabis-specific amendments. But Representative Paul Harris, the Republican Caucus Chair, proposed amendment VANJ 123 which would have appropriated $782K to the Washington State Department of Commerce (WA Commerce) “to provide funding to Pacific County to operate or participate in a drug task force.” The amendment was not adopted.
        • Pacific County law enforcement had previously executed unlawful raids against authorized medical cannabis patients.
  • Later on Wednesday, Washington State legislative staff released preliminary fiscal committee and floor session schedules for the following week, hinging on the next cutoff gateway.
    • Tuesday April 4th would occasion the opposite house fiscal committee cutoff which was described as the “Last day to read in opposite house committee reports (pass bills out of committee and read them into the record on the floor) from House fiscal committees and Senate Ways & Means and Transportation committees.”
    • Of the fourteen active cannabis-related bills, only three had been referred to a fiscal committee - and all three were senate bills in WA House APP.
      • SB 5080 - “Expanding and improving the social equity in cannabis program.”
      • SB 5367 - “Concerning the regulation of products containing THC.”
      • SB 5546 - “Establishing a Washington state cannabis commission.”
        • The commission legislation was referred to WA House APP on Wednesday March 29th and, at publication time, had yet to be scheduled for a public hearing.
    • In addition to their scheduled meetings on Thursday and Friday, WA House APP members planned to meet over the weekend on Saturday April 1st as well as the following Monday and Tuesday. At publication time, no bills had been scheduled for hearings nor executive sessions on Monday April 3rd or Tuesday April 4th.
    • Floor sessions would predominate the latter half of the week in the lead up to the opposite house cutoff gateway on Wednesday April 12th and onwards to sine die marking the end of the 2023 regular session on Sunday April 23rd.
  • On Thursday March 30th, senate leaders would queue up bills for floor activity during a rules committee meeting and the Washington State House Appropriations Committee (WA House APP) planned to host a public hearing on the social equity bill.