This week, Washington State’s legislative committees held initial hearings on a number of marijuana bills. These included proposals to allow licensed cannabis growers to sell directly to consumers and end home cultivation being criminalized.
Although neither of these measures has been voted upon, lawmakers heard the sponsors of both bills and received testimony from those who support and oppose the reforms.
Washington became one of two U.S. States to allow adult use marijuana in 2012, when voters approved Initiative 502. Unlike most other jurisdictions to have adopted the reform since then, however, the state forbids home cultivation of cannabis for personal use—classifying it as a felony offense—and bars vertical integration within the commercial industry.
Since 2015 at least, there has been a series of legislative efforts to legalize personal marijuana production. However, each attempt to date has been unsuccessful. At the moment, medical marijuana is only available to patients registered with their state.
John Kingsbury told the House Consumer Protection and Business Committee that he has been asking the legislators for almost 10 years for the permission to grow some plants in the home. “During this time, Washington, D.C. and 21 other states have granted their citizens the right to grow a few plants at home.”
Rep. Shelley Kloba’s (D) HB 1449 would permit adults 21 years and older to cultivate up to six marijuana plants for their own personal use. The maximum number of plants per household is 15 regardless of the number adults living on site. The marijuana that is produced from these plants could be kept by the people despite the existing state limit of one ounce.
Kloba has repeatedly sponsored cannabis homegrow legislation in recent years, but each time the proposal has fallen short. An effort similar last year was killed in committee, without a vote.
Amy Walen, the chairwoman of the committee (D), compared it to winemaking or homebrewing which are already permitted in Washington.
Kloba responded, “I agree that’s a good way of thinking about it.” He added that these practices hadn’t destroyed the beer and wine retail industries nor led to an increase in alcohol access among minors.
Most of those who commented at the Tuesday hearing were in favor. One husband, who is a patient of medical marijuana, stated that he “would prefer not to be charged with a class C felony because I’m the one taking care of my vegetable garden”.
Producers and trade associations have also endorsed the idea. Micah Sherman said, as a board member for the Washington Sun and Craft Growers Association and a farmer, that the Washington Sun and Craft Growers Association is pleased with the concept because, “it creates an eco-system of folks who are familiar with what we do.”
Caitlin Ryan, the executive director of The Cannabis Alliance – an industry trade association – asked legislators if “growing two plants at home” should be considered a class C crime.
Every time she asked that question, her answer was resoundingly “no.”
Bailey Hirschburg from the Cannabis Observer magazine said Washington was an anomaly in the movement to legalize marijuana.
He said that the 2012 ballot initiative to legalize marijuana was “the beginning of a new dialogue about better cannabidiol.” The 2012 voter initiative legalizing marijuana “was the beginning of a renewed dialogue about better cannabis,” he said.
Vivian McPeak of Seattle Hempfest pointed out that adults could grow their own cannabis for a range of reasons, including to avoid pesticides or heavy metals in the products, to obtain strains unavailable on the market, and to simply “enjoy the thrill” of growing one’s craft cannabis.
Law enforcement officials and advocates for drug treatment were among those speaking against the Homegrow Bill.
James McMahan (Policy Director for Washington Association of Sheriffs and Police Chiefs, WASPC) said that it was no secret to him or his members that Initiative 502 wasn’t a favorite. The majority of what we were concerned about in 502 has come true.
Others, however—including the bill’s sponsor, Kloba—pointed out that youth cannabis use has remained flat or declined in the state since legalization took effect.
McMahan, WASPC’s director, said that WASPC wants to add a requirement that all home cultivation takes place in an area that is secure and that children cannot access. However, he added that in general “we don’t believe that this would be good for the public’s safety.”
Amy Brackenbury said, as a Washington State Public Health Association lobbyist, that her group is concerned about access for youths and the “social norms” in homes. This suggests that growing cannabis by adults at home will increase the chances of teens using it.
The “environmental concerns about home gardening” were also raised by the minister.
“Equipment—like lights, ventilation, temperature controls—can overload home circuits and lead to fires,” Brackenbury said.
Kloba asked if the Public Health Association had any similar concerns about medical marijuana patients who grow their own cannabis in home.
Brackenbury answered, “Yeah. We would also share these concerns if that were the case.”
Rep. Kristine R. Reeves was among the lawmakers who were most critical of the proposal. She had previously opposed Kloba’s last-year’s homegrow legislation.
Reeves expressed concern about the potential impact of cultivation on insurance and said that, while its proponents described it as an effort to reform justice, growing more than 16 plants would remain illegal for adults.
Kloba, at one time referring to herself as “the lovely PTA woman who has done a lot advocacy work” prior to being elected, stressed that she would “not bring this bill if I believed in any way it increased the accessability for youths under 21.”
“I searched and searched, but I could not find any research that talked about an increased rate of youth accessibility in states which have legalized the homegrow,” said she. It’s just not there. And in fact…in states that have legalized, their rates of youth use stay flat or even decrease after legalization.”
The sponsor of the bill, HB1449, said that the passage of this measure would “change some things” but “there are still things that won’t change. It is still illegal for anyone under the age of 21 to possess or use cannabis. Commercial cannabis cultivation will remain illegal without a licence. “It will continue to be illegal for cannabis to be sold without a licence.”
One day prior to hearings of the bill on homegrown marijuana, the Senate Labor and Commerce Committee examined a proposal allowing state-licensed producers to directly sell cannabis flowers to consumers without having them go to an additional retail store.
Sherman of Washington Sun and Craft Growers Association told the committee Monday that he has been working on this proposal since 2016, and he has seen 5 different versions presented to lawmakers. Sherman, of the Washington Sun and Craft Growers Association told the committee at Monday’s hearing that he has been working on this proposal since 2016 and five different versions have gone before lawmakers.
As introduced, the measure from Sen. Rebecca Saldaña (D) would allow licensed cannabis producers to sell their own marijuana flower directly to consumers. State cannabis regulators may set more restrictions and rules, including requiring that products are produced and processed in the licensed producer’s location.
Sherman, who worked with Saldaña and legislative staff to draft the new bill, said a future amendment might limit growers to selling only up to 1,000 pounds of cannabis per year to consumers. He explained that this was done to minimize the impact of the proposed legislation on current retailers, and to encourage craft growers focus on high-quality products.
This amount would be equivalent to one week of sales in one of California’s largest companies.
Washington’s licensed business community is divided over the proposal to sell directly to consumers.
Ryan, from The Cannabis Alliance, stated that the plan “represents an important and thoughtful step in ensuring our cannabis industry’s longevity and viability.” She compared the plan with how consumers could go to a winery and sample wines before bringing home some bottles.
Brooke Davies said the Washington CannaBusiness Association is against the changes. She said, “We have concerns about the fact that it would fundamentally alter the current market which isn’t vertically integrated.”
Davies said that the members of his organization were open to discussions about ways to help small farms, but at this moment, they are opposed to direct sale.
A small group of growers who have been licensed also spoke up in support, saying the law would provide a much-needed lifeline for the smaller farmers of New York, most of whom struggle to make a profit.
Annette Pedigo from Cedar Creek Cannabis stated that hundreds and thousands of marijuana producers closed their doors over the past few years, due to an unsustainable market. “Those who remain in business are waiting for any shifts in the market to help them become profitable.”
Beau Whitney is an economist focused on cannabis issues. His company Whitney Economics does not take a stance on legislation. However, according to Whitney Economics the proposed proposal would “theoretically increase consumer participation” on the legal market and reduce illicit sales. It could “potentially also create price stability”, which could benefit retailers.
The tax rate on sales of cannabis by producers is the same at 37 percent as it is for all other consumer transactions.
Senator Derek Stanford, a Democrat on the committee, expressed concern that the bill could create fewer security and safety requirements for licensed retailers than producers. However, supporters pointed out that this bill says simply that regulators can’t make rules. You can find out more about us by clicking here. Retail stores are subject to stricter regulations.
Ryan, of The Cannabis Alliance said that he believes that everyone would agree to tighten up the language in order for there to be clarity.
Saldaña, the bill’s sponsor, was not present for much of Monday’s hearing on the proposal, but said toward the end of testimony that she looks forward to working with others, and taking amendments into consideration, to “see if we can move the bill forward this session.”
Neither the direct-to-consumer sales bill, SB 5403, nor the homegrow bill have yet been scheduled for committee votes.
Some jurisdictions already allow direct-to-consumer selling, especially for microbusinesses. Californian and New York lawmakers have also taken similar steps to permit producers to sell directly to consumers.
New York’s Gov. Kathy Hochul (D) signed a bill into law to revive the state’s expired Cannabis Growers Showcase program, through which producers can sell products directly to consumers at farmers market-style events.
However, in California, Gov. Gavin Newsom (D) last year vetoed a lawmaker-approved bill that would have allowed small growers to sell their products to consumers at state-organized farmers markets.
Meanwhile, as the new legislative session kicks off in Washington State, some lawmakers are renewing a push to legalize psilocybin services through a bill that would create a regulated psychedelics system aimed at promoting mental health and wellness.
The measure, SB 5201, led by Sen. Jesse Salomon (D) along with eight cosponsors, is a revised version of legislation he filed in 2023 that would have legalized psilocybin and psilocin—the two main psychoactive chemicals in psychedelic mushrooms—in a fashion similar to existing laws in Oregon and Colorado. The state would license product makers, testing laboratories, and service centers, and allow adults over 21 to use these substances legally with the help of a facilitator.
Outside the legislature, organizers in Washington are separately working to put a measure on the state’s ballot that would legalize a number of plant- and fungi-based psychedelics for personal use, including psilocybin mushrooms, mescaline and DMT.
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