Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

HB 1626

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.

Brief Description: Making the authority of the liquor and cannabis board to enforce state laws concerning liquor, marijuana, tobacco, and vapor products more uniform.

Sponsors: Representatives Pettigrew, Griffey, Goodman, Lovick, Appleton and Stanford; by request of Liquor and Cannabis Board.

Brief Summary of Bill

  • Modifies the provisions relating to the Liquor and Cannabis Board's existing authority to enforce any penal law related to the manufacture, importation, transportation, possession, distribution, or sale of liquor, to include the authority to enforce equivalent laws relating to marijuana, tobacco, and vapor products.

Hearing Date: 2/7/19

Staff: Omeara Harrington (786-7136).

Background:

The Washington State Liquor and Cannabis Board (LCB) administers and enforces liquor, tobacco, vapor product, and marijuana laws.

The Enforcement and Education Division of the LCB is responsible for the state laws and regulations under its jurisdiction. The LCB's enforcement operations include premises visits, compliance checks, undercover operations, and complaint investigations. In addition, the Enforcement and Education Division provides education to liquor, marijuana, and tobacco-licensed businesses, as well as to communities and law enforcement agencies.

The LCB and its enforcement officers have the authority to enforce the penal laws relating to the manufacture, importation, transportation, possession, distribution and sale of liquor. The LCB's enforcement officers may also serve and execute all warrants and process of law issued by the courts and make warrantless arrests in enforcing liquor laws. The LCB is additionally granted general enforcement authority in the Uniform Controlled Substances Act, which contains provisions regulating marijuana, and in the statutes regulating the sale and distribution of vapor and tobacco products.

The LCB is a limited authority Washington law enforcement agency, and its enforcement officers are limited authority Washington law enforcement officers. A limited authority agency is one that has as one of its functions, as opposed to its primary function, the apprehension or detection of persons committing infractions or violating the traffic or criminal laws related to limited subject areas. A limited authority Washington peace officer is any full-time, fully compensated officer of a limited authority Washington law enforcement agency empowered by that agency to detect or apprehend violators of the laws in some or all of the limited subject areas for which that agency is responsible.

Summary of Bill:

In addition to its existing powers to enforce any penal law related to the manufacture, importation, transportation, possession, distribution, or sale of liquor, the LCB and its enforcement officers have the power to enforce equivalent laws relating to marijuana, tobacco, and vapor products. In enforcing these state penal provisions, LCB officers may serve and execute all warrants and process of law issued by the courts, and may make arrests for violations.

Appropriation: None.

Fiscal Note: Requested on January 24, 2019.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.