Washington, third U.S. state to pass an interstate cannabis commerce law

Washington State Governor Jay Inslee has signed a bill authorizing interstate cannabis commerce, which will only be possible in the event of a change in federal policy.

Before signing the bill, Jay Inslee urged Congress to modernize the nation's cannabis laws, stating that federal legalization would «help our well-regulated cannabis industry remain competitive, while meeting public health and safety standards.».

He also quipped that Washington State needs a «pony express going east to get the message to Washington D.C., so if anyone has fast horses, put them to work here.».

As passed, the measure will allow the governor to enter into agreements with other states where cannabis is legal, as soon as there is a federal reform «authorizing the interstate transfer of cannabis» or a federal Justice Department notice «authorizing or tolerating» cannabis commerce across state lines.

With this signing, the three western coastal states are now able to authorize the import and export of cannabis within their territory. L’Oregon was the first state to take the plunge in 2019, followed by California last year.

The Washington bill stipulates that if either of the two federal conditions is met, state regulators will be required to provide written notice of the policy change, as well as any «statutory changes necessary to authorize the sale, delivery and receipt of cannabis» from out-of-state businesses.

In California, the state Attorney General could trigger the implementation of interstate cannabis commerce regardless of federal considerations. In January, state regulators asked Attorney General Rob Bonta to prepare such guidance.

In the event of federal legalization of cannabis in the USA, the regulatory authorities will have to adopt the necessary rules for the import and export of cannabis. However, the power to enter into agreements with other states will rest exclusively with the governor of each state.