I recently co-authored an article for the 100th volume of the Washington Law Review (WLR), titled Washington’s Implementation of Legalized Cannabis: A Model for Other States and the Federal Government, along with Bruce Turcott, former senior counsel for the Washington State Attorney General’s Office. Bruce was lead counsel to the Washington State Liquor and Cannabis Board from 2012–2022 when the agency was creating a cannabis market from the ground up.

The theme of this special WLR volume focused on legal issues unique to Washington State. Cannabis law was a natural fit—Washington, alongside Colorado, was one of the first two states to legalize recreational marijuana. In our article, Bruce and I took an objective look at what worked, what didn’t, and how Washington’s cannabis regulatory framework has both influenced and been influenced by other states.

Washington established foundational elements of cannabis legalization that have become models nationwide, including:

• Age restrictions

• Seed-to-sale traceability systems

• Cannabis testing and lab licensing requirements

• Robust security protocols

• Clear cannabis product labeling standards

At the same time, Washington imposed unique regulatory restrictions, such as residency requirements and a ban on vertical integration, that remain uncommon in other state cannabis markets.

We also explored how Washington adapted to national trends, especially around social equity in cannabis licensing. When voters passed Initiative 502 in 2012, there was no blueprint for addressing the harms of the War on Drugs. Over time, other states implemented social equity programs to promote inclusion in the cannabis industry—and Washington has followed suit, developing several iterations of its own equity licensing frameworks. Our article also examines how Washington’s cannabis laws might shape federal cannabis legalization. We discuss the potential impact of banning vertical integration at the federal level, comparing it to the structure of alcohol regulation. We also analyze whether Washington’s residency requirement could withstand legal scrutiny in a post-prohibition national market.

If you’re interested in Washington cannabis law, cannabis business compliance, or the evolving legal landscape of marijuana regulation, I encourage you to read our article. It offers insight into how one state’s experience can help inform a cohesive and equitable national cannabis policy.