Late April saw a flurry of cannabis-related activity in Olympia as the state Legislature worked to wrap up its 2023 regular session ahead of the annual recess. Over the final days of the session, lawmakers passed four bills that directly deal with how the state regulates cannabis.
EMPLOYMENT DISCRIMINATION
Senate Bill 5123, which will help to protect lawful cannabis users from employment discrimination, is arguably the most impactful of the four cannabis bills.
The Legislature found that the legalization of cannabis created a disconnect between hiring practices and legal rights. It also noted that cannabis drug screenings typically test for cannabis metabolites rather than for active intoxication. That meant that someone who lawfully used cannabis up to a month before a pre-hire drug screening could be denied employment.
Once the bill becomes law it will be illegal for employers, with few exceptions, to discriminate against employees who use cannabis lawfully and away from the workplace.
In a similar vein, the New York Times recently reported that the federal government has changed some of its employment rules around cannabis, and has even been allowing potential employees to re-test if they fail their first drug screen.
MIXED DRINKS NIXED
If you were hoping to someday pick up a six pack of cannabis beer or a bottle of infused vodka at the local grocery, House Bill 1772 is here to kill your dreams.
The entire text of the bill is less than one page long, and the first sentence sums it up quite nicely as a law to prohibit "the manufacture, importation, and sale of products that combine alcohol and [THC]."
MEDICAL PROTECTIONS
House Bill 1563 tweaks the existing state code surrounding medical cannabis patients and providers in an effort to protect them against arrest.
Previously, qualifying patients and providers who did not enter their names into a state database could be charged or prosecuted for certain violations. In those situations, the patient or provider could present an affirmative defense in court. Under HB 1563, the affirmative defense option will no longer be necessary as the new wording of the state code will include civil and criminal protections for those patients and providers.
INTERSTATE CANNABIS
Senate Bill 5069 establishes guidelines for Washington to engage in interstate commerce of cannabis with other states where it is legal for recreational use. Cannabis grown in Washington could be sold in Oregon, for example. However, SB 5069 only goes into effect if there is change at the federal level, where cannabis remains illegal.
Should the federal government legalize interstate cannabis commerce between legal states, or if the U.S. Department of Justice issues a memorandum effectively condoning it, Washington will be ready. ♦
