H-1320.1

SUBSTITUTE HOUSE BILL 1159

ByHouse Regulated Substances & Gaming (originally sponsored by Representatives Wylie and Stonier)

AN ACT Relating to interstate cannabis agreements; adding a new section to chapter 43.06 RCW; and providing a contingent effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1. A new section is added to chapter 43.06 RCW to read as follows:

(1) The governor may enter into an agreement with another state or states for the purposes of:

(a) Cross-jurisdictional coordination and enforcement of cannabis-related businesses authorized to conduct business in this state, the other state, or both; and

(b) Cross-jurisdictional delivery of cannabis between this state and the other state.

(2) An agreement entered into under this section must ensure:

(a) Enforceable public health and safety standards are met, and include a system to regulate and track the interstate delivery of cannabis;

(b) Any cannabis delivered into this state, before sale to a consumer, is:

(i) Tested in accordance with rules adopted by the department of agriculture under RCW 15.125.020, by the department of health under RCW 69.50.375, and by the state liquor and cannabis board under RCW 69.50.342, 69.50.345, and 69.50.348;

(ii) Packaged and labeled in accordance with RCW 69.50.346 and rules adopted by the liquor and cannabis board under RCW 69.50.342, 69.50.345, and 69.50.346; and

(c) Applicable taxes on the sale, delivery, and receipt of cannabis are collected.

(3) In accordance with an agreement entered into under this section:

(a) A cannabis producer, cannabis processor, cannabis researcher, or cannabis retailer licensed under chapter 69.50 RCW may deliver cannabis to a person located in, and authorized to receive cannabis by, the other state; and

(b) A cannabis producer, cannabis processor, cannabis researcher, or cannabis retailer licensed under chapter 69.50 RCW may receive cannabis from a person located in, and authorized to export cannabis by, the other state.

(4) The coordination and enforcement of plans and actions under this section must:

(a) Be consistent with this state's policies and programs to redress inequities that exist from past cannabis prohibition and drug enforcement laws; and

(b) Include steps to ensure equity in the application of agreements at all levels and in all jurisdictions that may interact with the licensed and unlicensed production and sale of cannabis.

(5) For the purposes of this section: "Cannabis," "cannabis processor," "cannabis producer," "cannabis researcher," "cannabis retailer," and "person" have the meanings provided in RCW 69.50.101.

(a) Federal law is amended to allow for the interstate transfer of cannabis between authorized cannabis-related businesses; or

(b) The United States department of justice issues an opinion or memorandum allowing or tolerating the interstate transfer of cannabis between authorized cannabis-related businesses.

(2) If either of the conditions in subsection (1) of this section occur, the state liquor and cannabis board must:

(a) Provide written notice of the effective date of section 1 of this act to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the board;

(b) Provide written notice of statutory changes necessary to authorize the sale, delivery, and receipt of cannabis in accordance with an agreement entered into under section 1 of this act to the governor and the appropriate committees of the legislature;

(c) Provide notice of the effective date of section 1 of this act to all licensed cannabis producers, processors, retailers, researchers, and transporters and to persons who have a pending application for such a license, and inform all such licensees and persons of how they may continue to be notified of activities related to interstate cannabis agreements as well as changes and proposed changes to laws and rules related to this section and section 1 of this act, including statutory changes identified in (b) of this subsection, rule changes identified in (d) of this subsection, and agreements entered under this section; and

(d) Adopt rules as necessary to authorize the sale, delivery, and receipt of cannabis in accordance with an agreement entered into under section 1 of this act.

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