HOUSE BILL REPORT
HB 2227
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As Reported by House Committee On:
Commerce & Gaming
Title: An act relating to the laboratory testing of marijuana products.
Brief Description: Concerning the laboratory testing of marijuana products.
Sponsors: Representatives Sawyer and Condotta.
Brief History:
Committee Activity:
Commerce & Gaming: 6/19/17, 1/15/18, 1/30/18 [DPS].
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON COMMERCE & GAMING |
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 7 members: Representatives Sawyer, Chair; Kloba, Vice Chair; Condotta, Ranking Minority Member; Blake, Jenkin, Kirby and Ryu.
Minority Report: Do not pass. Signed by 1 member: Representative Young.
Minority Report: Without recommendation. Signed by 1 member: Representative Vick, Assistant Ranking Minority Member.
Staff: Thamas Osborn (786-7129).
Background:
Marijuana Product Testing in Washington State.
Statute requires that all licensed marijuana producers and processors submit samples of their products for testing by independent laboratories meeting certification requirements established by the Liquor and Cannabis Board (LCB). The certification requirements for such testing laboratories have been established by the LCB through administrative rulemaking and are not specified in statute. The purpose of such product testing is to ensure that the marijuana products marketed to consumers meet quality assurance and product safety requirements consistent with the standards established by the LCB for such products. The LCB's marijuana product quality standards require that the laboratory testing process include the following: (1) potency analysis; (2) microbial analysis; (3) pesticide analysis; (4) heavy metals analysis; and (5) residual solvent analysis.
The LCB has contracted with the Center for Laboratory Sciences at Columbia Basin College (Pasco, Washington) to conduct and administer the certification process for marijuana product testing laboratories.
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Summary of Substitute Bill:
The act shifts responsibility from the LCB to the Department of Ecology (DOE) with respect to the accreditation of licensed marijuana product testing laboratories. Such laboratories must meet laboratory accreditation requirements established by the DOE in order to ensure compliance with quality assurance and marijuana product standards established by the LCB. The DOE is authorized to collect fees from marijuana product testing laboratories sufficient to cover the costs of implementing the laboratory accreditation program.
Both the LCB and the DOE are granted the rulemaking authority necessary to implement the act.
By January 15, 2019, the DOE must report to the Legislature with recommendations regarding marijuana product testing laboratory accreditation standards.
Substitute Bill Compared to Original Bill:
The substitute bill makes the following changes to the original bill:
eliminates all provisions pertaining to the adoption of the laboratory standards established by the International Organization for Standardization;
shifts responsibility from the LCB to the DOE with respect to the accreditation of licensed marijuana product testing laboratories;
requires that marijuana product testing laboratories meet laboratory accreditation requirements established by the DOE with respect to inspection and testing to ensure compliance with quality assurance and marijuana product standards;
authorizes the DOE to collect fees from marijuana product testing laboratories sufficient to cover the costs of implementing the laboratory accreditation program;
grants rulemaking authority to both the LCB and the DOE; and
requires that by January 15, 2019, the DOE must report to the Legislature with recommendations regarding marijuana product testing laboratory accreditation standards.
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Appropriation: None.
Fiscal Note: Available. New fiscal note requested for substitute on January 30, 2018.
Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.
Staff Summary of Public Testimony:
(In support) It is important that laboratories be required to operate in compliance with stringent standards. Laboratories need oversight by the state, and there should be enforcement mechanisms to ensure that standards are met.
(Opposed) None.
(Other) Laboratory standards are essential, but it is doubtful that the laboratory standards developed by the International Organization for Standardization are a good fit for marijuana product testing laboratories. New laboratory standards are not needed and this bill adds another layer to an already complicated process. The LCB is struggling with establishing laboratory standards and is working with the Washington State Department of Agriculture (WSDA) to establish such standards. The WSDA has the expertise necessary to oversee the marijuana product testing laboratories.
Persons Testifying: (In support) Representative Sawyer, prime sponsor; and Jedidiah Haney, Higher Influence.
(Opposed) None.
(Other) Dana Luce, Genesis Organic Assurance Testing Labs; Ezra Eickmeyer; Rick Garza; and Derick Sandison, Washington State Department of Agriculture.
Persons Signed In To Testify But Not Testifying: None.