WA Senate LC - Committee Meeting
(January 10, 2023) - SB 5069 - Public Hearing

A bill to open Washington cannabis businesses to interstate commerce under certain conditions drew unified support from the sector, but opposition from advocates who prioritized social equity.

Here are some observations from the Tuesday January 10th Washington State Senate Labor and Commerce Committee (WA Senate LC) Committee Meeting.

My top 3 takeaways:

• Committee Counsel Matt Shepard-Koningsor offered a staff report on SB 5069, “Allowing interstate cannabis agreements" (audio - 2m, video).
  • Reviewing the initial bill analysis, Shepard-Koningsor noted the legislation:
    • Authorizes the Governor to enter into interstate cannabis agreements if the federal government legalizes cannabis, or the U.S. Department of Justice issues an opinion or memorandum allowing or tolerating the interstate transfer of cannabis.
    • Requires the Liquor and Cannabis Board (LCB) to, upon either condition occurring, notify the Legislature and the Office of the Code Reviser of the act's effective date, and notify the Governor and the Legislature of necessary statutory changes.
    • Requires LCB to adopt rules necessary to authorize the sale, delivery, and receipt of cannabis in accordance with an interstate agreement.
  • Shepard-Koningsor indicated the legislatures in Oregon and California had already passed similar measures.

• The bill’s prime sponsor, Senator Ann Rivers, and leadership of four cannabis trade associations provided notably unified testimony in favor of the measure.
  • Ten individuals registered their support for the bill (testifying, not testifying).
  • Rivers asserted "the writing is on the wall from a federal perspective" and introduced the bill because she didn’t want Washington cannabis businesses to "get hung out to dry" once interstate commerce became viable (audio - 2m, video).
  • Washington CannaBusiness Association (WACA) Executive Director and Lobbyist Vicki Christophersen emphasized how the trigger bill would enable the Governor and regulators to take action should the legal landscape change while the state legislature was out of session (audio - 2m, video).
  • Producers Northwest Executive Director Ezra Eickmeyer noted the dormant commerce clause would force Washington borders open in the event of a change (audio < 1m, video).
  • The Cannabis Alliance Executive Director Burl Bryson was concerned Washington cannabis licensees could be unable to compete nationally for up to a year without proactive laws in place for interstate trade (audio - 1m, video).
  • Washington Sun and Craft Growers Association (WSCA) Board Member Micah Sherman advocated for a forward thinking policy to avoid arrangements that were “not going to be as intentional and well done, and that would be a much worse outcome” (audio < 1m, video).

• Black Excellence in Cannabis (BEC) members stood against the bill, arguing the sector should be made more equitable before expanding opportunities for all participants.
  • Ten individuals registered their opposition to the bill, all affiliated with BEC (testifying, not testifying).
  • BEC President Peter Manning opposed the bill because “once again our Black and Brown communities are not partaking” (audio - 2m, video).
  • BEC Vice President Mike Asai asserted “we need social equity here first before we think about anything interstate and whatnot” (audio < 1m, video).
  • BEC Executive Secretary Ahmed King lamented “the state of Washington is very progressive, has been on the forefront of cannabis since the beginning, but has dropped the ball when it comes to equity and diversity” (audio < 1m, video).
  • At publication time, BEC members had been consistently addressing the WSLCB board to offer general public comments.

Information Set