ESSB 6542 -
By Representative Carlyle
Strike everything after the enacting clause and insert the following:
"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) Each of the following agencies shall appoint a representative
to serve on the committee:
(i) The liquor control board;
(ii) The department of health;
(iii) The department of revenue;
(iv) The department of agriculture; and
(v) The department of financial institutions.
(d) The governor shall appoint three members representing medical
marijuana stakeholders as follows:
(i) Two qualifying patients or advocates; and
(ii) A marijuana licensee.
(e) One representative each from the association of Washington
cities and the Washington state association of counties.
(f) The governor may appoint up to five 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,
or other uses that may be relevant.
(2) The committee must appoint its cochairs, at least one of whom
must be from among its legislative membership. The committee shall
make rules for orderly procedure and appoint the subcommittee required
in subsection (3) of this section.
(3) The committee shall appoint a medical marijuana subcommittee,
which must be chaired by a legislative member of the committee, for the
purpose of reviewing and making recommendations on the issues in (a)
through (g) of this subsection. The subcommittee may consult with
other entities as the subcommittee deems appropriate.
(a) Whether there is a need for retail outlets that are licensed to
only sell medical marijuana to qualifying patients or designated
providers;
(b) Whether the use of valid documentation should be permitted as
an alternative to registering with the medical marijuana registry;
(c) 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;
(d) Whether posttraumatic stress disorder should be added to
terminal or debilitating medical conditions that qualify a person for
the medical use of marijuana;
(e) 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;
(f) Whether and how qualifying patients or designated providers
should be authorized to form a cooperative to share responsibility for
acquiring and supplying the resources needed to produce and process
marijuana solely for the medical use of members of the cooperative or
for medical research; and
(g) Any other matters the committee determines are 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 and economic 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) Making recommendations for a statewide cannabis industry
coordinator;
(d) Making recommendations on options for the distribution of tax
revenue from the sale of marijuana; and
(e) 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) This section expires January 31, 2016."
Correct the title.
EFFECT: (1) Membership: Eliminates from membership
representatives of the Department of Commerce and the Office of the
Treasurer, and requires each remaining agency appoint its own
representative instead of the governor. Eliminates from membership
health care professionals, and medical marijuana producers, processors,
and retailers, which are replaced by one marijuana licensee. Permits
the governor to appoint five industry stakeholders instead of nine.
(2) Medical marijuana subcommittee: Requires that medical
marijuana subcommittee be chaired by a legislator and allows the
subcommittee to consult with other entities as appropriate. Strikes
from consideration the siting of medical marijuana retailers. Adds to
consideration medical marijuana cooperatives.
(3) Issues for consideration: Strikes monitoring of economic
returns and changes to federal law from the issues for consideration.
(4) Support staff: Adds governor's office to available support
staff and strikes staff of represented agencies.
(5) Technical changes: Strikes verbiage stating the application of
the Open Public Meetings Act and the authority to form subcommittees.