Washington State Office of the Attorney General
(WA OAG)

Details of a board member’s discussion with state counsel on synthesized delta-9-THC led to conversation about the policy statements and agency regulatory powers beyond rulemaking.

Members asked about the potential to include consideration of synthesized delta-9-THC in open rulemaking and had a lengthy discussion on the tone of official statements on the matter.

A board member called a special caucus to air confusion about investigating a licensed processor turning CBD into delta-9-THC, kicking off a debate about the law and potential board action.

Senators debated a legislative response to the State v. Blake decision and adopted a striking amendment making possession of controlled substances a misdemeanor, creeping further back towards criminalization of public health concerns.

The attorney general’s office described the “strict scrutiny” standard federal courts applied to laws utilizing race-based criteria and how that related to the work group’s development of social equity program applicant criteria.

Director Rick Garza discussed agency efforts to understand delta-8-THC and develop policy following increased momentum towards restriction by other states amid federal uncertainty.

During the first work group meeting, members introduced themselves; heard staff briefings on the group’s scope, responsibilities, and timeline; and solicited public comments.

An extensive briefing by WSLCB staff on past cannabis business licensing windows provoked a lively Q&A on the prospective social equity program application process.

WSLCB licensing staff would testify before the social equity task force the same week as an out-of-state ownership lawsuit proceeded while 11 cannabis-related bills made their way through the legislature.

Though not unanimous, the task force voted to focus on anti-Black racism in their operating principles before broadly discussing the equity program and establishing three work groups.