WA Senate - Session - Evening
(March 7, 2018) - HB 2334 - Second and Third Reading

In one day and despite a dozen dissenting votes, a House bill to allow imported CBD as a cannabis product additive was passed by the Senate and sent to the governor’s desk.

Here are some observations from the Wednesday March 7th, 2018 Washington State Senate (WA Senate) evening session.

My top 3 takeaways:

• In about 24 hours at the end of the legislative session, HB 2334 ("Regulating the use of cannabinoid additives in marijuana products") was moved from the floor of the Washington State House of Representatives (WA House) to the floor of the WA Senate.
  • On March 6th, legislation establishing rules for cannabidiol (CBD) additives in cannabis items was passed by the WA House after a relevant session cutoff date.
    • Late action was permitted as HB 2334 was designated “necessary to implement the budget” (NTIB) by legislative leaders.
    • See the evolution of fiscal impacts from the bill as described by WSLCB staff in the first, second, and third fiscal notes.
  • The next day, the bill was given a public hearing and recommended for passage in a single meeting of the Washington State Senate Ways and Means Committee (WA Senate WM). It was then added to the legislative floor calendar by the Washington State Senate Rules Committee (WA Senate RULE).
  • Lieutenant Governor Cyris Habib called the bill up for its second reading (audio - <1m, video) before Senator Christine Rolfes asked “that the rules be suspended,” the second reading “be considered the third, and the bill be placed on final passage.” Habib reported no objection from fellow senators and approved the motion (audio - <1m, video).
    • Habib did not seek re-election in 2020 as he joined the Society of Jesus, becoming a Jesuit. He was succeeded in office by Lieutenant Governor Denny Heck, who previously represented Washington’s 10th Congressional District.

• Just over one minute was spent by senators offering remarks on the legislation, primarily focused on the appropriate pronunciation of “cannabidiol.”
  • Rolfes candidly said she was hesitant to speak on the legislation “‘cause I don’t even know how to pronounce...cannabinoid.” She commented that licensed cannabis producers and processors were “currently unrestricted in their use of...cannabidiol” and that the bill pertained to “licensing and regulating CBDs.” She hoped that Senator Ann Rivers could “speak more eloquently to this bill” (audio - 1m, video).
  • Rivers called CBD a “primary component of medical marijuana products and as such should be tested to make sure that it’s safe for consumption.” She added that those using medical cannabis were often “medically fragile” and needed “the highest quality product that they can get.” She concluded by saying the bill would “assure that the testing is completed that will allow them to do that” (audio - 1m, video).
    • Rivers was the prime sponsor of SB 5052 in 2015 which merged the licensed adult use and unlicensed medical dispensary markets. She had previously cited her own family’s background with medical cannabis.

• Lieutenant Governor Cyrus Habib presided over a roll call vote of the senate which resulted in 36 yeas, 12 nays, and one excused, leading Habib to declare that HB 2334 had passed the legislature (audio - 3m, video).
  • The following senators voted against the legislation:
    • Republican Leader John Braun
    • Senator Sharon Brown  
    • Senator Doug Ericksen, 
    • Senator Phil Fortunato
    • Senator Bob Hasegawa, the only member of the majority caucus to vote against the bill
      • Hasegawa expressed skepticism over whether CBD was federally legal during the bill’s WA Senate WM hearing.
    • Senator Brad Hawkins 
    • Senator Jim Honeyford 
    • Senator Mike Padden
    • Senator Tim Sheldon
    • Senator Shelly Short 
    • Senator Judy Warnick
    • Senator Lynda Wilson
    • Senator Maureen Walsh was excused from the vote.
  • As there were no changes made during HB 2334’s rapid consideration and passage by the senate, the bill was delivered to Governor Jay Inslee the following day, March 8th - the close of the 2018 legislative session. He signed the bill into law on March 21st.

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