New Washington Bills Would Legalize Home Marijuana Cultivation And Allow Producers To Sell Cannabis Directly To Consumers

A pair of new bills introduced in Washington State this week would make changes to existing marijuana laws, permitting producers to sell flower directly to consumers and allowing home cannabis cultivation by adults for personal use.

Both bills are set to be heard in committee next week.

HB 1449, from Rep. Shelley Kloba (D), would allow adults aged 21 and older to grow up to six cannabis plants at home for personal use, with households capped at 15 plants regardless of how many adults reside on the premises. People could also lawfully keep the marijuana produced by those plants despite the state’s existing one-ounce limit on possession.

The measure will be considered on Tuesday by the House Consumer Protection and Business Committee.

If enacted, it would be a Class 3 civil infraction if the cannabis plants or products were within public view or could be “readily smelled” from a public place or another private housing unit.

Currently it’s a felony in Washington State for adults to grow their own cannabis unless they’re state-registered medical marijuana patients.

Kloba has repeatedly sponsored cannabis homegrow legislation in recent years, but each time the proposal has fallen short. A similar effort last year died in committee without getting a vote.

Legislative efforts to allow personal marijuana cultivation stretch back to at least 2015, but so far each has failed.

The Cannabis Alliance, a trade group representing a range of marijuana and ancillary businesses, believes this year could be different. Executive Director Caitlein Ryan said in an email to Marijuana Moment that the group “is optimistic that this year’s home grow bill has a stronger chance of passing than previous attempts.”

“With 21 states and D.C. already embracing homegrow, it’s clear this is no longer an experiment but a proven norm,” Ryan said. “The bill reflects nearly a decade of refinement, broad stakeholder input, and growing legislative support, as evidenced by its significant number of co-sponsors.”

She added that push from some industry members has weakened in recent years, “with licensees recognizing that homegrow enhances appreciation for their offerings rather than competing with them,” and that opposition testimony in general has been “dwindling each year.”

While some state groups, such as the Washington Association of Sheriffs and Police Chiefs and the Washington Association for Substance Abuse and Violence Prevention “remain opposed,” Ryan continued, “the changing makeup of committees, new leadership, and a broader coalition of supporters—including recognition from the Governor’s Cannabis and Social Equity Workgroup—make this the most promising environment yet for passing homegrow legislation.”

As of Friday, HB 1449 has 15 listed co-sponsors in addition to Kloba herself.

Last February, after the failure of Kloba’s previous homegrow bill, the lawmaker said she was undeterred and was already planning the next bill.

“I am committed to this issue, and plan to run a bill again next session,” Kloba told Marijuana Moment at the time. “Every session has its own character and constraints, which so far have meant that the bill has not advanced to the Senate. But I am not giving up.”

Despite being among the first states to legalize marijuana for adult use, in 2012, Washington is one of the few legal states where it remains a crime for adults to grow a cannabis plant for their own use.

John Kingsbury, co-founder of advocacy group Homegrow Washington, said he’s “all in” on the bill.

“Certainly Washington being at the back of this one, with home growing becoming the norm, and with legislators and community leaders becoming more aware of the impacts, the pro tent has become larger,” he said in an email, adding that licensed businesses have also “come to realize that home [growing] may likely enhance the appreciation and value of what they provide, rather than competing with it.”

Another new bill being considered by lawmakers this session, SB 5403, would allow cannabis producers to sell up to 1,000 pounds of marijuana per year directly to consumers, without having to go through a licensed retail store. It’s set to go before the Senate Labor and Commerce Committee on Monday.

Micah Sherman, operations director and owner of cannabis grower Raven and a board member of the Washington Sun and Craft Growers Association, said he’s been pushing for direct-to-consumers sales for years. In his eyes, it’s a way to support small-scale, craft cannabis without upsetting the existing market.

As introduced, the measure from Sen. Rebecca Saldaña (D) would allow licensed cannabis producers to sell their own marijuana flower directly to consumers. Products would need to be produced and processed at the licensee’s own location, and state cannabis regulators could set further rules and restrictions.

Sales would be taxed at the same 37 percent rate that applies to other consumer cannabis transactions.

One likely change, said Sherman, who worked with Saldaña and legislative staff to draft the new bill, is that the bill will be amended to allow licensees to sell only up to 1,000 pounds of cannabis per year to consumers. That, he explained, is meant to limit the proposal’s impact on existing retailers and encourage craft growers to focus on premium products.

“Wanting to have a viable business ecosystem where you can buy quality flower grown by people who care about what they’re doing,” Sherman said, “that’s what this bill is about preserving.”

He urged supporters to sign up to give public comment on the bill at Monday’s hearing.

Back again, 8th year working on this. Cannabis farmers need a direct path to consumers for cannabis legalization to succeed. It's an essential component.

If you're in Washington and want this policy please get in touch with your #waleg rep and let them know. pic.twitter.com/XVinutbVgT

— Micah Sherman (@shermanmicah) January 21, 2025

Currently, Sherman said, small cannabis farmers are stuck in an unsustainable business model. Because the state bans vertical integration, they are reliant on other licensed retailers to carry their products.

As the state’s adult-use marijuana market has matured, “the opportunity to buy a lot of quality products, grown by good businesses, has lessened,” he asserted. “A lot of those people have gone out of business and are going to continue to go out of business if something like this isn’t implemented.”

Sherman said his own company, Raven, “is not a viable business enterprise,” adding that “this is true of most small cannabis farms in the state, because we’re all hanging on, waiting for there to be some sort of change to the system that we operate in.”

He described the change as complementary to the state’s existing marijuana market, saying it would help better educate consumers and potentially shrink the illicit market.

“Our claim is that this has always been an additive concept and that we’re going to bring business in that currently isn’t participating in the legal, regulated market,” he said. “We all know that there’s a core group of cannabis consumers that will not participate in the dispensary model.”

“Until the legal, regulated system acknowledges that and lets that be a relationship that exists,” Sherman continued, “we’re never going to have those people participate.”

Direct-to-consumer sales are already allowed in some jurisdictions, especially among small, so-called microbusinesses. And lawmakers in some states, like California and New York, have similarly moved to allow producers to sell to directly consumers.

Last month, for example, New York 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.

In California, however, 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.

—Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

Newsom said in a veto message at the time that while he appreciated “the author’s intent to support small and equity cannabis cultivators,” he was “concerned that the bill’s broad eligibility, which extends to the vast majority of licensed cultivators, would undermine the existing retail licensing framework and place significant strain on the Department of Cannabis Control’s ability to regulate and enforce compliance.”

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. It would allow adults 21 and older to legally use the substances with the support of a trained facilitator, with product manufacturers, service centers and testing labs licensed by the state.

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.

Elizabeth Warren Pushes Elon Musk To Cut Federal Marijuana Enforcement Through New DOGE Agency

Washington State Bill To Protect Job Applicants From Anti-Marijuana Discrimination Heads To Governor’s Desk

A bill to protect workers in Washington State from facing employment discrimination over their use of marijuana during the hiring process is officially heading to the governor’s desk.

After some back-and-forth between the chambers over amended language, the Senate gave the bill final approval on Wednesday in a 30-18 vote.

The legislation from Sen. Karen Keiser (D) would prohibit employers from discriminating against job applicants based on their cannabis consumption that’s legal in the state.

Happy 4/20, WA! You shouldn't be penalized in job applications for enjoying a legal substance at home. #SB5123 — passed yesterday on a bipartisan vote — will protect employees from hiring discrimination due to cannabis use outside the workplace. #WALeg#PuttingPeopleFirstpic.twitter.com/KovV3O6SPv

— WA Senate Democrats (@WASenDemocrats) April 20, 2023

The reform is limited to job applicants. Employers would still be able to maintain drug-free workplaces, or prohibit the use of cannabis by workers after they are hired.

Also, people could still be denied jobs over marijuana in the airline and aerospace industries. And the bill doesn’t provide protections for safety sensitive positions or those that require federal background checks or security clearance.

The measure was amended several times throughout the legislative process. For example, it was revised to carve out protection exceptions for law enforcement, firefighters, first responders and correctional officers.

An amendment that would have transferred the statutory language to a different part of the state code was adopted by the House last month, but it was recodified after the Senate initially refused to concur with the change last week.

Kaiser, the sponsor, said on the floor on Wednesday that the latest revision made the bill “aligned the way it was intended.”

“The legislature finds that the legalization of recreational cannabis in Washington state in 2012 created a disconnect between prospective employees’ legal activities and employers’ hiring practices,” the bill text says.

“Many tests for cannabis show only the presence of nonpsychoactive cannabis metabolites from past cannabis use, including up to 30 days in the past, that have no correlation to an applicant’s future job performance,” it continues. “The legislature intends to prevent restricting job opportunities based on an applicant’s past use of cannabis.”

—Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

If enacted, Washington would join Nevada in prohibiting discrimination against job applicants for testing positive for marijuana. Several other states, such California and New York, provide broader employment protections for adults who legally use cannabis during off-hours and away from work.

The bill is now pending action from Gov. Jay Inslee (D), who has received a number of drug policy proposals this session.

For example, the legislature recently passed a bill that would promote research into psilocybin and create a pilot program to provide therapeutic access to the psychedelic for mental health treatment

Lawmakers passed another measure last week that would allow the governor to enter into agreements with other legal marijuana states to engage in interstate cannabis commerce, pending a federal policy change.

Schumer Wishes Marijuana Advocates ‘Happy 420’ And Says He’ll ‘Work Like Hell’ For Legalization

Washington Lawmakers File New Psilocybin Legalization Bill For 2023

Bipartisan Washington State senators have unveiled a revised bill to legalize psilocybin services for adults.

The “Psilocybin Services Wellness and Opportunity Act” was filed by Sen. Jesse Salomon (D) on Wednesday, with 20 cosponsors. It seeks to legalize and regulate the psychedelic for adults 21 and older.

An earlier version was introduced early last year with far fewer cosponsors, and while it received a committee hearing, it did not ultimately advance toward enactment.

The Psilocybin Wellness and Opportunity Act is once again 🔔 LIVE! With🚨*20*🚨 co-sponsors! This is huge. Can we get 1k comments in support of the bill? 📢https://t.co/6bnsJITwDc Like and share, don't let the Washington State gov ignore this! #waleg

— Psychedelic Medicine Alliance WA (@pma_wa) January 11, 2023

The new bill says that it’s the intent of the legislature to “facilitate the establishment of safe, legal, and affordable psilocybin service centers to provide citizens of Washington who are at least 21 years of age with opportunities for supported psilocybin experiences for wellness and personal growth.”

The purpose of the reform is to “improve the physical, mental, and social well-being of all people in this state, and to reduce the prevalence of behavioral health disorders among adults in this state by providing for supported adult use of psilocybin under the supervision of a trained and licensed psilocybin service facilitator,” it says.

Under SB 5263, the state Department of Health would be primarily responsible for licensing and regulating the new industry. A Washington Psilocybin Advisory Board would be established to advise on the issue and provide lawmakers with information about psilocybin research, best practices for supported use and criteria for the bill’s social opportunity program.

For the record, there are 49 WA State Senators, almost half of them have already cosponsored out of the gate!

— Psychedelic Medicine Alliance WA (@pma_wa) January 11, 2023

The department would need to adopt rules for a “comprehensive regulatory framework” during a two-year development period following the bill’s passage. It would need to start accepting applications to manufacture psilocybin products, operate a service center, facilitate psilocybin services or test products beginning September 2025.

As originally introduced last session, the legislation called for an 18-month regulatory development window.

Regulators could not “require a client to be diagnosed with or have any particular medical condition as a condition to being provided psilocybin services,” the legislation says.

Mason Marks, a senior fellow and project lead on the Project at Psychedelics Law and Regulation at Harvard Law School, detailed the changes in the new version in a blog post on Monday.

The legislation was revised to expand state-level protections, for example. It still safeguards most workers who participate in the legal use of psilocybin, but now it also explicitly shields health care providers who facilitate such use from being penalized.

—Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

The bill also specifies that psilocybin facilitators will need to receive 250 hours of training before providing psychedelic services, compared to 40 hours as required under neighboring Oregon’s voter-approved psilocybin law. The legislation provides a mandatory curriculum for facilitators, and they would need to obtain a license after completing those requirements.

If regulators choose to set a limit on the maximum dose of psilocybin that adults could possess, it couldn’t be lower than five grams on a dry weight basis.

Like Colorado, where voters approved a psychedelics legalization and psilocybin services ballot initiative last year, localities could not ban psilocybin centers from operating in their jurisdiction under the Washington bill.

The legislation was also revised to expand the proposed social opportunity program, which is meant to promote participation in the industry by people from low-income communities by reducing licensing fees and providing training, for example. It now includes military veterans and indigenous people who use psychedelics ceremonially within the definition of an eligible applicant.

Additionally, the measure would codify a “client bill of rights” that provides fundamental guidance for consumers and facilitators that choose to use psilocybin.

Adults should be “treated with dignity and respect while receiving psilocybin services,” it says. They also have the right to be “free from physical, sexual, psychological, and financial abuse before, during, and after receiving psilocybin services.”

The state Department of Agriculture would also share some licensing and regulatory responsibilities, including testing psilocybin products.

Sen.Ann Rivers (R), a cosponsor of the bill who serves as ranking member of the Senate Health & Long Term Care Committee, wrote in a letter to the editor of a local newspaper that psilocybin therapy “should be more accessible.”

“In 2023, Washington legislators can follow Oregon and Colorado by enabling veterans and other adults to seek state-tested, state-certified, and state-licensed psilocybin therapy, in a controlled environment,” she said. “A state-regulated system of psilocybin facilitation centers can safely offer new treatments our veterans and neighbors desperately need.”

Separately, the legislature sent a large-scale budget bill to the governor last year that included a proposal to direct $200,000 in funding to support a new workgroup to study the possibility of legalizing psilocybin services in the state, including the idea of using current marijuana regulatory systems to track psychedelic mushrooms.

Activists tried to place a psilocybin services legalization initiative on the 2022 ballot, but they did not ultimately qualify. Another campaign also gave up an effort to have voters decide on broader drug decriminalization at the ballot.

While Washington lawmakers have shown early interest in psychedelics policy reform, it’s certainly not the only state where the issue is being addressed in the 2023 session.

So far, there are about a dozen states where psychedelics legislation is being pursued this year. In addition to Washington, there are currently reform efforts underway in California, Colorado, Connecticut, Illinois, Missouri, Minnesota, Montana, New Hampshire, New Jersey, New York, Oregon and Virginia.

Numerous cities across the U.S. have moved forward with local reform measures to decriminalize psychedelics since Denver became the first to deprioritize enforcement of laws against psilocybin in 2019. That includes Seattle, one of the largest cities to enact the policy change.

But while the movement has been largely steered by advocates, state lawmakers across the aisle have increasingly indicated interest in the issue—and 2023 is shaping up to be an especially active year for psychedelics policy changes in legislatures across the country.

The trend over recent weeks seems to back up the findings of analysis published in an American Medical Association journal last month. That study concluded that a majority of states will legalize psychedelics by 2037, based on statistical modeling of policy trends.

At the congressional level, meanwhile, a pair of bipartisan lawmakers announced in November that they’ve formed a first-of-its-kind congressional caucus dedicated to psychedelics therapy.

The Drug Enforcement Administration (DEA) also recently released its final 2023 production quotas for drugs to be used in research—and the agency is calling for significant manufacturing of psychedelic compounds like MDMA, psilocyn and 5-MeO-DMT for study purposes.

The U.S. Department of Veterans Affairs (VA) recently concluded in a report that psychedelics like MDMA and psilocybin show promise in the treatment of certain mental health conditions like PTSD and severe depression.

Meanwhile, back in Washington, lawmakers recently held House and Senate committee hearings to discuss a series of marijuana reform bills related to employment protections, interstate commerce and social equity in the cannabis industry.

New GOP Congressional Panel Chairman Plans To Grill FDA On Lack Of Hemp And CBD Regulations

Photo courtesy of Dick Culbert.