can you grow marijuana in washington

Home Grows and Craft Cannabis? What’s Next for Washington Weed Law

It’s 2020, cannabis has been legal in Washington for well over five years. As it stands, Washingtonians still can’t grow their cannabis at home. And Washington is still sticking to the three-tier system. Legislators, cannabis producers, and cannabis advocates have teamed up to try and change that.

Finally Making Progress on Home Grows in Washington

HB 1131 “Allowing residential marijuana agriculture,” would allow adults over the age of 21 to have home grows. Something many felt should have been allowed from the beginning of legalization.

If passed, the bill would allow adults over the age of 21 to grow up to six marijuana plants in their homes. Households could grow up a maximum of 15 plants, regardless of the number of residents.

There are other common-sense restrictions, like labeling edibles, and landlords being able to deny permission to grow cannabis plants.

Bi-partisan legislators, producers, retailers, and advocates alike all support the bill. HB 1131 is currently in committee. On February 5, a hearing was held where people testified in support of the bill. Those testifying included John Kingsbury of Cannabis Alliance.

“Many people are afraid of what will happen if Washington allows small home grows but the truth is that we would know what will happen,” Kingsbury stated at the hearing. “ Nine other states and Washington DC already allow it. We know that the federal government will not move in, because even Washington DC does it. We know that it will not result in significant revenue decreases because this has not happened in the nine other states.”

Others who testified in support of the bill included Uncle Ike’s owner Ian Eisenberg, and Betty Jane Taylor, a former Police Chief and member of the Law Enforcement Action Partnership. James McMahan, policy director for the Washington Association of Sheriffs and Police Chiefs testified in opposition to the bill. As did Seth Dawson of Washington Association for Substance Abuse Prevention.

Danielle Rosellison is the owner of Trail Blazin’ Productions, a cannabis producer in Bellingham. Rosellison wasn’t at the hearing but expressed her support for Kingsbury’s hard work, and HB 1131.

“In my world, this is a human rights issue,” Rosellison told The Sesh. “It’s a plant. For the love of God let them grow a plant. I think it’s really important. A question I’m always asked is if I think it will cut into my profits. My response is always the same. ‘Do you think the home brewing industry cuts into the profits of craft breweries?’ I don’t know any homebrewers who don’t go to the local breweries regularly, not one!”

HB 1131 has gotten further than any cannabis home grow bills before it, and supporters are optimistic it will get passed into law. In the next few days, the public will find out whether the bill moved out of committee.

Craft Cannabis in Washington is a No-Go

Another potentially game-changing bill is HB 2279, which aims to create a license for craft cannabis producers.

Micah Sherman, the owner of Raven Grass, a Tier 2 cannabis producer in Olympia, is a proponent of the bill.

“This bill would allow any license holder, so anybody that owns one production license, to switch their production over to this craft production license,” Sherman explained. “So for these tier 1 farms who are struggling because that is only 2,000 square feet, which is not enough productive capacity to have a business with, it’s a hobby-sized grow, in the context of a commercial grow. Any of those folks who are single license operators can switch over to this craft production license.”

Outdoor growers could go up to 30,000 square feet, and indoor growers could go up to 10,000 square feet, and the two could be blended. All of the cannabis sold on-site by producers, would have to be grown on-site.

Sherman also sees this as a way to help promote agrotourism in struggling rural areas. Similar to how Walla Walla has benefitted from becoming a designated wine region. Sherman sees potential for places like Okanagon county to become a cannabis region.

HB 2279 failed to make it out of committee, so it will not pass in this legislative session. The bill gained lots of bi-partisan support from legislators, and support from small cannabis producers. Large cannabis producers and cannabis retailers, however, fear that this bill will give these farms an unfair advantage and hurt retailers.

Input from a Lawmaker

Representative Laurie Dolan, who sponsored HB 2279, doesn’t see it that way.

“The wineries and breweries that are starting to be developed across Washington, those are really important industries,” Representative Dolan told The Sesh. “I don’t think for a minute that if we were to allow our small cannabis producers to sell their products on-site to people who are interested in learning more about it, it would decrease retail sales.”

Dolan drew on her experiences traveling to Washington’s wine regions to inform her decision to sponsor the bill.

“I think of it like going to a winery. When I go to a winery, I learn about grapes, I learn about how wine is made. I’m more of an educated consumer. And what I tend to do then, is if I like that wine, I’ll go to our big grocery stores, and I’ll say, ‘How come you don’t have this wine? You need to carry this wine.’ So just the very nature of educating consumers will do all sorts of good things for the industry.”

Rep. Dolan also co-sponsored HB 1131, which she similarly doesn’t see hurting existing cannabis businesses.

“I don’t see home grows hurting the industry at all,” Dolan said. “My dad had a little brewery in our basement, it was very small. He didn’t make a lot, it takes a lot of work. But they had a good time brewing for a while and tasting what they made. And I see home grows as the same thing. Adults should certainly have the right to grow a few plants and have the joy of watching them grow.”

Cannabis isn’t Dolan’s area of expertise, but clearly, she’s a quick study.

Washington’s current regular Legislative Session ends March 12. Time will tell if HB 1131 becomes law.

Will Washington finally be like every other legal weed state and finally allow home grows?! Maybe. HB 1131 has a fighting chance.

STATE OF THE STATE: Washington State Marijuana Policy

Always pushing the boundaries of progressive social experimentation, Washington State was one of the first two states to decriminalize marijuana for both medical and recreational possession and use.

Washington State’s Initiative 502 (I-502), decriminalized recreational marijuana, was voted into law in November 2012.

Originally, recreational and medical marijuana were regulated by separate agencies but since 2016 regulation of both medical and recreational marijuana are regulated jointly by the Washington State Liquor and Cannabis Board

To legally possess and use marijuana in Washington State you must be 21 years of age or older. Users may possess:

• One ounce of usable marijuana
• Marijuana-related paraphernalia
• 16 ounces of solid marijuana-infused product
• 72 ounces of liquid marijuana-infused product

Washington State residents may not grow marijuana plants in their homes because Washington State law requires police to have 24 hour a day access to a growing facility without a warrant. However there is an exception for medical marijuana in which case cultivation of plants is limited to medical use:

• Growers must be 21 or older
• Up to four plants can be grown without registration
• Cooperative gardens are allowed
• Registration is recommended but not required

Registered medical marijuana users can purchase cannabis at any retail cannabis outlet holding a medical marijuana authorization. Registered medical marijuana users can purchase any combination of the following:

• Forty eight (48) ounces of marijuana-infused products in solid form
• Three (3) ounces of usable cannabis
• Two hundred sixteen (216) ounces of cannabis-infused products in liquid form
• Twenty one grams of cannabis concentrates

As a registered medical marijuana patient, you will also be authorized to grow and possess in your home:

• Up to six (6) plants for personal medical use
• Up to eight (8) ounces of usable cannabis produced from said plants

Washington State has approved medical marijuana for a wide variety of conditions including:

• Cancer,
• Human immunodeficiency virus (HIV),
• Multiple sclerosis,
• Epilepsy or other seizure disorder, or spasticity disorders.
• Intractable pain,
• Glaucoma,
• Crohn’s disease,
• Hepatitis C,
• Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications.
• Chronic renal failure requiring hemodialysis.
• Posttraumatic stress disorder.
• Traumatic brain injury.

In general legalizing marijuana use has been a good thing for the Evergreen State. Violent crime and opioid use are down and tax revenues are up. But it’s not all good news. So many individuals and enterprises have gotten into the marijuana cultivation and distribution business that the state is suffering from a glut of over production.

In recent years annual production has increased by 60% driving the retail price of an ounce of legal marijuana flower to as low as $40 (in some states the price for an ounce of flower exceed $400). Both shop owners and producers are seeking changes to Washington’s cannabis regulations.

Medical and recreational marijuana cultivation and distribution is still an industry in its infancy in the U.S. We will continue to follow its evolution and keep you informed of trends and developments.

A marketing and publishing professional and the Director of Publicity at GB Sciences, Liz Bianco monitors media activity and the “State of the States” on cannabis in America.


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STATE OF THE STATE: Washington State Marijuana Policy Always pushing the boundaries of progressive social experimentation, Washington State was one of the first two states to decriminalize