Rep. Shelley Kloba Leads Another Push To Legalize Homegrown Cannabis In Washington State

Democratic Rep. Shelley Kloba introduced a bill Thursday to regulate cannabis home growing in Washington. 

House Bill 1614 which legalizes home cultivation of up to six cannabis plants for adults is scheduled for a public hearing in Washington's House Regulated Substances & Gaming Committee on Feb. 2. 

The measure is co-sponsored by Democrats Timm Ormsby, Beth Doglio, Mary Fosse, Roger Goodman, Mia Gregerson, Melanie Morgan, Julia Reed and Sharon Wylie. 

Under the legislation, anyone who owns homegrown cannabis would be considered an “ultimate user” and not allowed to sell marijuana products, but also not required to obtain a registration.

It is important to note that the bill also proposes strict regulations, such as safe storage, around home cultivation for personal use. In addition, the bill forbids cultivation in places that are used to provide early childhood education and early learning services by a family daycare provider.

If a person stores or leaves home-grown cannabis in a location where the grower is aware, or reasonably should be, that a person under 21 may have access to it, the grower will be deemed “guilty of community endangerment due to unsafe storage of homegrown cannabis in the first degree if a person under age 21 obtains access and possession of the cannabis.”

Weed growers need to keep their plants out of public view. 

A similar bill by Kloba was introduced in Dec. 2020. Under House Bill 1019, adults 21 and older would be allowed to cultivate up to six plants per person, with a single household limited to 15. Other requirements included labeling the homegrown marijuana, including the grower’s name, address, date of birth and planting and harvesting dates. This measure has not yet reached a full floor vote, therefore, Kloba took another shot at pushing for reform.

Recent Cannabis Developments In Washington

This January, the bill that would prevent employers from sanctioning their workers who use recreational cannabis outside work hours was filed in the Washington State Senate. It was pre-filed for the 2023 session last month along with other cannabis-reform measures.

Sen. Karen Keiser's (D) legislation would it unlawful to discriminate against a person in hiring if they used marijuana off the clock.

It also addresses the issue of detection of inactive THC metabolites in the consumer's system for weeks following the use.

"Applicants are much less likely to test positive or be disqualified for the presence of alcohol on a pre-employment screening test compared with cannabis, despite both being legally allowed controlled substances," the bill stipulates. "The legislature intends to prevent restricting job opportunities based on an applicant's past use of cannabis.".

On Wednesday, Washington's Senate Labor & Commerce Committee approved a bill to set the state up to allow interstate cannabis commerce.

That legislation has moved to the Senate Rules Committee.

Sponsored by Sen. Ann Rivers (R), the measure would give the governor authority to enter into agreements with other legal states to permit imports and exports between state-licensed marijuana businesses. In addition, products that come from out-of-state businesses would be required to comply with Washington's regulations, including those related to packaging and labeling.

The legislation would only take effect under one of two conditions: 1) if there’s a federal law change “to allow for the interstate transfer of cannabis” between legal businesses, or 2) if the U.S. Department of Justice issues an opinion “allowing or tolerating” cannabis commerce across state lines.

Photo: Courtesy of Alex Person on Unsplash

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