State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 03/03/14.
AN ACT Relating to establishing the state cannabis industry coordinating committee; creating new sections; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that voter approval of
Initiative Measure No. 502 established a system for licensing and
regulating cannabis production, processing, and sale. The legislature
further finds that this new industry is projected to create new jobs
and generate revenues to the state estimated as high as $1,943,936,000
over five fiscal years. The legislature also finds that qualifying
patients have additional protections under chapter 69.51A RCW. The
legislature further finds there is potential interest to expand into
other areas, such as industrial hemp, food processing, farmers'
markets, and banking. As such, given a potentially evolving demand and
market in new areas, it is the intent of the legislature to create a
state cannabis industry coordinating committee to promote and further
develop the industry while remaining in compliance with federal
guidelines. It is the intention of the legislature that the committee
will coordinate and monitor new developments and their impact on
Washington state, and to make recommendations to the legislature on
establishment of a state comprehensive plan.
The legislature also finds that, while the state liquor control
board is working to implement the regulatory structure enacted by
Initiative Measure No. 502, additional issues need to be addressed.
The use of medical marijuana outside of this regulatory structure, the
process for medical authorizations, the establishment of medical
dispensaries, and other related issues should be addressed by a
statewide committee that would submit its policy recommendations for
consideration by the 2015 legislature.
NEW SECTION. Sec. 2 (1) A state cannabis industry coordinating
committee is established, with members as provided in this subsection.
(a) The president of the senate shall appoint one member from each
of the two largest caucuses of the senate.
(b) The speaker of the house of representatives shall appoint one
member from each of the two largest caucuses of the house of
representatives.
(c) The governor shall appoint members representing the following
state agencies:
(i) The liquor control board;
(ii) The department of health;
(iii) The department of commerce;
(iv) The department of revenue;
(v) The office of the treasurer;
(vi) The department of agriculture; and
(vii) The department of financial institutions.
(d) The governor shall appoint seven members representing medical
marijuana patients as follows:
(i) A health care professional with experience authorizing
qualifying patients for the medical use of marijuana;
(ii) Two qualifying patients or their designated providers;
(iii) A medical marijuana advocate;
(iv) A medical marijuana producer;
(v) A medical marijuana processor; and
(vi) A medical marijuana retailer or a person with experience
providing marijuana to or consulting with qualifying patients.
(e) One representative each from the association of Washington
cities and the Washington state association of counties.
(f) The governor shall appoint up to nine industry stakeholders
representing established and emerging markets for the use of cannabis
including, but not limited to, the various commercial uses of
industrial hemp, food processing, farmers' markets, tourism, banking,
and other uses that may be relevant.
(2) The committee must appoint its cochairs, one of which shall be
from among its legislative membership. The committee shall make rules
for orderly procedure and, in addition to the subcommittee required in
subsection (3) of this section, the committee may form subcommittees to
accomplish its work.
(3) The committee shall appoint a medical marijuana subcommittee
for the purpose of reviewing and making recommendations on the
following issues:
(a) Whether RCW 69.50.331(8) prevents the siting of marijuana
retailers who hold medical marijuana endorsements and what may be done
to assist the state and local governments in siting these retail
outlets;
(b) Whether there is a need for retail outlets that are licensed to
only sell medical marijuana to qualifying patients or designated
providers;
(c) Whether the use of valid documentation should be permitted as
an alternative to registering with the medical marijuana registry;
(d) Whether a marijuana producer or marijuana processor endorsement
should be established to permit a producer or processor to sell
directly to qualifying patients and designated providers and whether
these licensees are producing marijuana concentrates, useable
marijuana, and marijuana-infused products that are meeting the needs of
medical marijuana patients;
(e) Whether posttraumatic stress disorder should be added to
terminal or debilitating medical conditions that qualify a person for
the medical use of marijuana;
(f) Whether a different method of taxation should be established
for those products designated by the liquor control board as being
beneficial for qualifying patients and designated providers. This
includes whether these products should be taxed at a different rate
than products intended for nonmedical use or whether they should be
provided with tax exemptions;
(g) Options for funding the medical marijuana registry; and
(h) Any other matters pertinent to promoting access to safe and
affordable marijuana for medical use by qualifying patients.
(4) The committee has the following powers and duties:
(a) Developing a state comprehensive plan that identifies and
coordinates the various business opportunities within the cannabis
industry, including potential opportunities;
(b) Recommending a state financial system that best implements the
state's marijuana marketplace while maximizing public safety, accurate
tax accounting, and compliance with the United States attorney
general's guidance regarding marijuana enforcement and guidance
regarding marijuana-related financial crimes on implementation of
Initiative Measure No. 502;
(c) Developing a method for monitoring and assessing the economic
returns the cannabis industry delivers to the state;
(d) Examining and reporting on any changes in federal law that may
impact the legal operations of the cannabis industry in the state;
(e) Making recommendations for a statewide cannabis industry
coordinator;
(f) Recommending options for the distribution of tax revenue from
the sale of marijuana; and
(g) Making recommendations specific to the medical use of marijuana
as described in subsection (3) of this section.
(5) The committee shall provide specific preliminary
recommendations to the appropriate committees of the legislature by
December 15, 2014, and a final report by January 10, 2016.
(6) Staff support for the committee must be provided by senate
committee services, the house of representatives office of program
research, and the represented state agencies.
(7) Legislative members of the committee must serve without
additional compensation, but must be reimbursed for travel expenses in
accordance with RCW 44.04.120. Nonlegislative members, except those
representing an employer or organization, are entitled to be reimbursed
for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(8) The expenses of the committee must be paid jointly by the
senate and the house of representatives. Committee expenditures are
subject to approval by the senate facilities and operations committee
and the house of representatives executive rules committee, or their
successor committees.
(9) Meetings of the committee are subject to the open public
meetings act, chapter 42.30 RCW.
(10) This section expires January 31, 2016.