The Washington State Governor has signed a law allowing interstate marijuana trade, pending federal policy changes.
The bill from Sen. Ann Rivers passed the legislature last Month and was signed into law by Gov. Jay Inslee, a Democrat, signed the bill into law Thursday.
Inslee, before signing the bill, urged Congress modernize national marijuana law, saying that federal legalization will “help our well-regulated cannabis sector remain competitive while still meeting health, public safety and other standards.”
He added that Washington State needed a “pony-express that goes east in order to send the message to Washington D.C. So if anyone has some fast horses, put them to work.”
The measure, if enacted by the legislature, will allow the Governor to reach an agreement with other states that have legalized cannabis, once there is a federal reform to “allow for interstate transfers of cannabis” or federal Justice Department opinion to “allow or tolerate” marijuana commerce between state borders.
The signing of this bill allows all three Western coast states to import and export cannabis within their borders. Oregon took the lead by taking this step in 2019. California followed last year.
The Washington bill states that, if the federal requirements are met, the state regulators must provide a written notification of the policy changes, along with any “state-level statutory changes required to authorize the delivery, receipt, and sale of cannabis” by out-of-state businesses.
California’s policy allows the state attorney to initiate implementation without regard to federal concerns. In January, state regulators asked Attorney General Rob Bonta to prepare this guidance.
Washington regulators must also adopt the rules necessary for marijuana exports and imports. The governor will be the only one who has the authority to enter into agreements with other states.
Washington would require that products imported from businesses outside the state comply with Washington regulations. This includes those relating to packaging and labeling.
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Adam Smith, founder and president of the Alliance for Sensible Markets told Marijuana Moment that all three west-coast states now have laws governing interstate commerce. “With Attorney-General Merrick Garland already promising DOJ guidance coming and that it would be tolerant of commercial cannabis activity under state regulation, this is the right time for the West Coast governors to contact DOJ and urge them to make clear that their tolerance extends to commerce within and between adult-use markets as well as medical markets.”
A Maine lawmaker recently filed a bill that would allow marijuana exports and imports to be done between states with legalized marijuana. New Jersey Senate President filed a similar proposal for interstate commerce last year. However, it was not enacted.
A federal appellate court ruled last year that Maine’s law prohibiting residents from owning medical cannabis businesses in the state was a violation of the Commerce Clause. Some experts think the same reasoning that invalidates the residency restrictions also applies to state-level prohibitions on marijuana exports and imports.
The thinking goes that preventing the import and export of medical cannabis among states who consent could be construed to be similarly protectionist and inconstitutional.
A Oregon marijuana company filed a suit in November at the federal court claiming that the current state ban on cannabis imports and exports from and to other states is a violation of the Constitution.
A Washington State bill that would promote research on psilocybin, create a pilot to provide access to the psychedelic in mental health treatment and also create a program to allow therapeutic access to it is awaiting action at the Governor’s desk after final approval by the Senate.
The governor also announced this week a special session of the legislature to prevent a decriminalization policy following a Supreme Court decision from taking effect.
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The article Washington Governor signs Interstate Marijuana Commerce Bill into Law first appeared on Marijuana Moment.
