Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Regulated Substances & Gaming Committee
SSB 5405
Brief Description: Modifying the liquor and cannabis board's subpoena authority.
Sponsors: Senate Committee on Labor & Commerce (originally sponsored by Senators King, Keiser and Wilson, C.; by request of Liquor and Cannabis Board).
Brief Summary of Substitute Bill
  • Grants the the Washington State Liquor and Cannabis Board authority to issue subpoenas in connection with investigations, hearings, or proceedings for the production of :  (1) books, records, and documents held under the Uniform Controlled Substances Act or the Washington State Medical Use of Cannabis Act; and (2) books and records of common carriers or vehicle rental agencies relating to the transportation or possession of cannabis.
Hearing Date: 3/9/23
Staff: Peter Clodfelter (786-7127).
Background:

The Washington State Liquor and Cannabis Board (LCB) administers and enforces laws regulating and taxing liquor, cannabis, cigarettes, tobacco products, and vapor products. 

 

The LCB may issue subpoenas in connection with any investigation, hearing, or proceeding for the production of:  (1) books, records, and documents held under chapters of law regulating or taxing liquor, cigarettes, tobacco products, and vapor products; and (2) books and records of common carriers or vehicle rental agencies relating to the transportation or possession of cigarettes, tobacco products, or vapor products.

 

If a person is served a subpoena from the LCB for the production of books, records, and documents and fails or refuses to obey the subpoena for the production of books, records, and documents when required to do so, the person is subject to proceedings for contempt, and the LCB may institute contempt of court proceedings in the Thurston County Superior Court or the superior court in the county in which the person resides.   
Summary of Bill:

The authority of the Washington State Liquor and Cannabis Board (LCB) to issue subpoenas for the production of books, records, and documents in connection with investigations, hearings, or proceedings is extended, to also grant the LCB authority to issue subpoenas for the production of:  (1) books, records, and documents held under the Uniform Controlled Substances Act or the Washington State Medical Use of Cannabis Act; and (2) books and records of common carriers or vehicle rental agencies relating to the transportation or possession of cannabis.

 

A comma is added, clarifying, under the last antecedent rule of statutory construction, that certain provisions apply to both common carriers and vehicle rental agencies.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.