It's been more than a decade since recreational cannabis was legalized in Washington, but the legal landscape is complicated, and there are still a number of questions that need to be ironed out. Should employers be allowed to reject applicants who test positive for weed? How much liquid cannabis should stores be allowed to carry? Does Washington need a cannabis commission? How can the state move past the racist legacy of the war on drugs?
Lawmakers in Olympia introduced a number of bills this session that seek to answer those questions. Read on for a list of the bills that seem likely to pass, and the ones doomed to languish in committee.
SENATE BILL 5069
INTERSTATE WEED SALES
Twenty-one states have legalized recreational marijuana, but federal law prohibits that weed from crossing state lines. A growery in Oregon can't sell marijuana to a dispensary in Washington and vice versa. Each state is basically an island of its own.
But with the growing legality and popularity of cannabis, federal law might change. If and when that happens, SB 5069 would — if approved — immediately open the door to interstate trade so that Washington doesn't get left out of the action.
The bill passed the Senate on March 1, and the House Committee on Regulated Substances & Gaming on March 23. It moved to the House for a second reading on April 6.
SENATE BILL 5123
BAN ON DRUG TESTS
Many employers in Washington can still reject candidates if they test positive for marijuana in a pre-employment drug test — despite the fact that cannabis can linger in a urine sample for up to 100 days after last consumption. (There's a whole world of dubious tricks online that claim to help job seekers get traces of weed out of their system quickly.)
Under SB 5123, employers would no longer be allowed to reject a job candidate because they tested positive for marijuana. There are, of course, exceptions: federal employers can still test and reject. There are also exemptions for pilots and other workers who operate dangerous machinery. The bill passed both chambers last month, and would take effect Jan. 1, 2024 if Gov. Jay Inslee signs it.
HOUSE BILL 1614
HOME GROW
Lawmakers' latest attempt to legalize growing your own weed appears to be dead. Washington will remain one of just three states that let people buy weed at a store — but not grow it in their homes (See page 32).
If passed, HB 1614 would allow people older than 21 to grow up to six plants. There are a number of other requirements, including that the plants and their scent be kept away from the public's eyes and noses.
The bill was pulled from a committee vote ahead of the House's legislative deadline last month, but remains technically alive.
SENATE BILL 5080
CANNABIS EQUITY
More than a decade after legalization, the communities most impacted by the war on drugs are still underrepresented in Washington's cannabis industry. The state's Liquor and Cannabis Board established a "social equity in cannabis program" in 2019 that seeks to rectify that by prioritizing retail cannabis licenses to people who have served prison time for cannabis offenses or who live in areas with high rates of unemployment, poverty or drug convictions.
SB 5080, submitted at the request of the LCB, would expand and streamline the program. The bill passed the Senate in late February, and by the House on April 10.
HOUSE BILL 1453
MEDICAL TAX EXEMPTION
The House moved this bill to the Rules Committee on Feb. 23 and hasn't seen any progress since. The bill would have exempted qualified medical cannabis patients from Washington's 37 percent cannabis excise tax.
SENATE BILL 5546
CANNABIS COMMISSION
In Washington state, alfalfa seeds, asparagus, potatoes, beer, beef, blueberries and more than a dozen other food products all have their own special commissions. (There's also an Apple Commission, obviously.) The commissions are made up of growers and sellers and are mainly responsible for marketing, research and representing the interests of their respective product.
SB 5546 would create a cannabis commission. The bill passed the Senate and was referred to the House Appropriations Committee in late March.
SENATE BILL 5340
LIQUID CANNABIS
This bill would change restrictions on the amount of cannabis in liquid form that retailers are allowed to sell in a single transaction. It would also let people older than 21 possess and transfer additional amounts of cannabis-infused liquid products to other people over 21. The bill passed the Senate and was referred to the House Rules Committee on March 23. ♦
