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Washington State Bill to Allow Interstate Marijuana Commerce is Officially headed to the Governor’s Desk

April 14, 2023 by Kyle Jaeger

Washington State’s governor is set to sign a bill that would allow for interstate marijuana trade.

The House passed the Senate’s legislation on Wednesday. However, members also adopted a minor change that needed the concurrence of the other chamber.

The bill has now been sent to the Governor. Jay Inslee’s (D) signature is required.

The measure allows the governor to reach an agreement with other states that have legalized cannabis, pending either a change in federal policy “to allow interstate transfers of cannabis”, or a Justice Department opinion “allowing” or “tolerating” marijuana trade across state borders.

Inslee’s signature would allow all three Western coastal states to import and export cannabis within their borders. Oregon took the lead by taking the steps this year , followed by California last year .

The Washington bill states that, if the federal requirements are met, the state regulators will be required to give a written notification of the policy changes, along with any “state-level statutory changes necessary to authorise the sale, delivery and receipt of marijuana” from companies located outside the state.

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 will also have to adopt the rules necessary for importation and exportation of marijuana. The governor would be the only person with 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.

Marijuana Moment tracks more than 1,000 cannabis and psychedelics bills, as well as drug policy legislation in state legislatures this year. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.

Discover more about our marijuana bills tracker. Become a patron on Patreon for access.

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Burl Bryson told Marijuana Moment that Washington producers who are able to compete with others on price and quality suffer from the lack of access to the market. The Cannabis Alliance worked on the legislation with Washington Sun and Craft Growers Association, Alliance for Sensible Markets, and Alliance for Sensible Markets.

He said that there were emerging markets for medical and adult-use cannabis in the United States where it is more expensive and difficult to grow. This bill will prepare the state for the day when commerce between legal markets becomes possible. We believe that this moment is sooner than most people think.

New Jersey Senate President filed a similar proposal interstate last year. However, it has yet to be 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 argument 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.

Both chambers of Washington legislators recently approved legislation to encourage psilocybin-related research. However, the versions must be reconciled as the House passed an amendment allowing access to the psychedelic in clinical studies.

A bill prohibiting employers from discriminating against applicants for jobs based on marijuana usage was also passed by both chambers. However, on Friday the Senate refused to agree with the House amendments.


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The post Washington State’s Bill to Allow Interstate Marijuana Commerce is Officially on its Way To Governor’s Desk first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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