SENATE BILL REPORT

SSB 5398

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 Passed Senate, March 3, 2015

Title: An act relating to opening a package of or consuming marijuana, useable marijuana, or marijuana-infused products in public.

Brief Description: Concerning marijuana, useable marijuana, and marijuana-infused products in public.

Sponsors: Senate Committee on Commerce & Labor (originally sponsored by Senators Rivers and Hasegawa; by request of Liquor Control Board).

Brief History:

Committee Activity: Commerce & Labor: 2/13/15, 2/18/15 [DPS].

Passed Senate: 3/03/15, 47-1.

SENATE COMMITTEE ON COMMERCE & LABOR

Majority Report: That Substitute Senate Bill No. 5398 be substituted therefor, and the substitute bill do pass.

Signed by Senators Baumgartner, Chair; Braun, Vice Chair; Hasegawa, Ranking Minority Member; Conway, Keiser, King and Warnick.

Staff: Richard Rodger (786-7461)

Background: It is unlawful to consume or open a package containing marijuana or marijuana products in view of the general public. A violation is a class 3 civil infraction, punishable by a fine of $50 plus applicable local fines.

Summary of Substitute Bill: Consuming or opening a package containing marijuana or marijuana products in view of the general public or in a public place is prohibited. Public place has the same definition as in liquor control statutes. It is unlawful to consume or open a package of marijuana in a state park.

Public place generally includes the following: streets, alleys, and roads; public buildings; the halls, lobbies, and dining rooms of hotels, restaurants, and other businesses used by the public; public conveyances; publicly owned beaches, parks, and playgrounds; and all other places where the general public has unrestricted right of access, and which are generally used by the public.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony on Original Bill: PRO: There is confusion about the interpretation of consuming or opening marijuana in view of the general public. This bill uses the phrase from the liquor control statutes which prohibits use in a public place.

Persons Testifying: PRO: Justin Nordhorn, WA State Liquor Control Board.