Washington Senate Passes Bill On Modifying Marijuana Tax to Consider THC Concentration

Washington’s full Senate has voted overwhelmingly to pass legislation that could lead to future changes in the state’s marijuana excise tax.

Washington tied Colorado as the first state to legalize marijuana in 2012. Since then, 22 other states have done the same, but none have established a higher marijuana excise tax than Washington’s 37%.

Now, legislation filed by Senator Karen Keiser with three Democrat cosponsors seeks to have the state considering modifying its marijuana excise tax to take THC concentrations into consideration. Senate Bill 6271 was passed by the Senate 44 to 5, moving it to the House of Representatives.

The Liquor and Cannabis Control Board (LBC) “must collect data on cannabis product sales beginning December 1, 2024”, states the bill. LCB “must collect data on the following information in Washington State:

  • the amount of cannabis products sold in the following categories: usable cannabis,
    cannabis concentrates, and cannabis-infused products;
  • the average THC concentration in usable cannabis and cannabis concentrates, and the
    average THC milligrams per unit in cannabis-infused products; and
  • the range of THC concentration in usable cannabis and cannabis concentrates.”

The LCB would be required to submit a report on the information collected to the Legislature by November 14, 2025.

The bill’s summary states that the LCB “must formulate a recommended approach and implementation plan for modifying the cannabis excise tax. The proposed modification must be revenue neutral and propose a higher tax on cannabis products with a higher THC concentration.”

LCB “may recommend alternative approaches and plans for the Legislature to consider. LCB must submit a report to the Legislature by September 18, 2026.”

The full text of this law can be found by clicking here.

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