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Dedicated Cannabis Account appropriations and expenditures

24-01 FINAL REPORT | JANUARY 2024


Melanie Stidham, Stephanie Seto, Ashley Trunnell, Research Analysts
Stephanie Hoffman, Audit Coordinator; Eric Thomas, Legislative Auditor

Legislative Auditor's conclusion:

State and local agencies spent $3.3 billion from the Dedicated Cannabis Account between fiscal years 2015 and 2023. Spending was consistent with legislative direction. Opportunities exist to improve financial transparency.

Key points

  • The Dedicated Cannabis Account (Account) was created with passage of Initiative 502, which legalized recreational cannabis. It is primarily funded with excise tax revenue from retail cannabis sales.
  • State and local agencies spent $3.3 billion from the Account (fiscal years 2015 through 2023). The spending was consistent with legislative direction.
  • The state spent $1.8 billion (54% of total) on health care for low-income children. Another 12% was spent on cannabis-specific activities such as market regulation and prevention, education, and treatment. The remaining 34% went to the state general fund and local governments.
  • While no entity is responsible for reporting how the funds are spent, the Liquor and Cannabis Board (LCB) has made information about revenues and major distributions available.
  • Opportunities exist to improve financial transparency.

Executive summary

The 2022 Legislature directed JLARC to:

  • Review the appropriations and expenditures from the Dedicated Cannabis Account (Account) and determine whether they are consistent with statute.
  • Evaluate the transparency of Account information.

The Legislature appropriated funds from the Account each year based on a formula in statute

The Account was created in 2012 as part of Initiative 502 (I-502), which legalized recreational cannabis. All cannabis excise tax revenues from retail sales, as well as license fees, penalties, and forfeitures are deposited into the Account. The Liquor and Cannabis Board (LCB) administers the Account.

I-502 specified how the Legislature would appropriate funds from the Account. The formula was codified in RCW 69.50.540. The Legislature has changed the formula eight times since 2015 (e.g., adding distributions to local governments).

Between 2015 and 2023, state and local agencies spent $3.3 billion from the Account. Over half was spent on children's health care.

Revenue from the Account went to thirteen state agencies, the general fund, and 239 local governments.

JLARC staff categorized appropriations and expenditures into seven groups.

  • The state spent about 54% of funds on health care for children enrolled in Medicaid.
  • State agencies spent 12% for cannabis-related activities including prevention, administration/enforcement, research, and social equity.
  • About 34% of funds were transferred to the general fund or distributed to local governments. There were no restrictions on how these funds were used.
Figure 1: The state used Account funds for health care, cannabis-related activities, and transfers to the general fund and local governments.
Category
Amount spent
Percent
Health care 54%
Health care $1,800,147,154 54%
Cannabis-related activities 12%
Prevention, education, & treatment $283,667,545 9%
Administration & enforcement $104,728,632 3%
Research $8,375,112 0.3%
Social equity $1,308,161 0.04%
Unrestricted distributions 34%
General fund $1,008,937,862 31%
Local government $102,157,000 3%
Total $3,309,321,466

Note: Sum of percents does not equal 100% due to rounding.

Source: JLARC staff analysis of Agency Financial Reporting System (AFRS) data, agency documents, and interviews with agency personnel. Figures are from fiscal year 2015 through fiscal year 2023, as of October 2023. Data updated December 2023, following publication of the preliminary report.

The Legislature simplified the statutory formula in 2022. Options exist for additional clarifications.

The statutory funding formula in RCW 69.50.540 was amended eight times between 2015 and 2023. As it changed, it became more complex, and stakeholders expressed concerns about transparency. In 2022, the Legislature simplified the formula. In doing so, it ensured that entities that received funding in fiscal year 2022 would receive at least the same amount they had under the prior formula.

Beyond formula clarifications, there are two additional statutory updates that may help improve understanding of how the funds are spent:

  • Appropriations to the Basic Health Plan Trust Account are spent on health care costs for children enrolled in Medicaid. Washington replaced its Basic Health Plan (BHP) for low-income individuals with an expanded Medicaid program in 2014. The Legislature authorized use of these funds for Medicaid. The statutory formula continues to reference statutes for BHP rather than Medicaid.
  • Another appropriation to the Health Care Authority (HCA) is for Community Health Centers. The centers are part of a federal program to provide health care for low-income and medically underserved populations. HCA uses the funding to pay for health care costs for children who are enrolled in Medicaid and seen at a center. While this may be consistent with budget direction, the money is not spent on contracts with the centers, as statute currently requires.

There is no single location for the public to access detailed information about how Account funds were spent

Multiple agencies received and spent funds from the Account. The Legislature has not directed any one entity to provide centralized information on how each entity spent funds. LCB and several other state agencies provide information about the Account, such as revenues and spending. Best practices call for collaboration among the agencies and providing publicly available data.

Eight out of ten other states that collected and distributed cannabis tax revenue as of fiscal year 2022 made appropriation and expenditure information available to the public through a cannabis-specific website or webpage. Other Washington state agencies also use webpages to share information about complex revenue or expenditure streams. A webpage that includes information about cannabis appropriations and expenditures in Washington would increase transparency to the public.

Legislative Auditor's recommendation

As the administrator of the Dedicated Cannabis Account, LCB should create a webpage that provides information about cannabis revenues and expenditures.

LCB concurs with this recommendation. You can find additional information in the Recommendations section.

Committee Action to Distribute Report

On January 4, 2024 this report was approved for distribution by the Joint Legislative Audit and Review Committee. Action to distribute this report does not imply the Committee agrees or disagrees with Legislative Auditor recommendations.

Part 1.
Dedicated account

In 2012, Initiative 502 (I-502) legalized recreational cannabis in Washington and established a system to regulate and tax its use. The first retail store to sell recreational cannabis opened in July 2014.

The Dedicated Cannabis Account holds revenue from taxes and other fees related to cannabis sales

I-502 created the Dedicated Cannabis Account (Account). It is funded through excise taxes and other sources including license fees, penalties, and forfeitures paid by cannabis producers, processors, researchers, and retailers.

Excise taxes from cannabis sales are 99% of Account revenues

From fiscal year 2015 through 2023, deposits to the Account totaled $3.3 billion. Of this, 99% were from excise taxes.

Excise tax is a tax imposed on a specific good or activity such as alcohol, timber, and cannabis. Consumers pay an excise tax on medical and recreational cannabis purchases.

  • I-502 created a 25% excise tax on sales of cannabis at retail and wholesale locations.
  • The 2015 Legislature increased the tax to 37% and limited collection to retail sales.

The Washington State Liquor and Cannabis Board (LCB) administers the Account. It collects and deposits all revenues into the Account.

Consumers also pay state and local sales taxes on recreational cannabis. Sales tax rates vary by location. This revenue is not deposited in the Account. Medical cannabis is exempt from sales tax.

JLARC directed to review Account appropriations and expenditures

Appropriation

Legal authority to spend money for a specific purpose.

Expenditure

The amount of money spent.

The 2022 Legislature directed JLARC to:

  • Review the appropriations and expenditures of the Account and determine whether they are consistent with statute.
  • Evaluate whether information related to the Account's appropriations and expenditures is readily available to the public.
  • Suggest options to improve transparency.

Part 2.
Legislative appropriations

Legalizing recreational cannabis was intended, in part, to generate new tax revenue for education, health care, research, and substance abuse prevention (I-502, Section 1).

The formula used to appropriate funds is set in statute

Although LCB administers the Account, the Legislature determines how funds are appropriated.

The formula was initially proposed in I-502 and codified in RCW 69.50.540. While there have been multiple changes to the appropriations between 2015 and 2023, the basic structure of the formula has stayed the same. The appropriations are distributed in two parts:

  1. First, certain state agencies receive a fixed dollar amount for specific purposes. For example, the Washington State Institute for Public Policy receives $200,000 per year for benefit-cost evaluations of I-502.
  2. Next, the remaining funds are distributed to state agencies, state accounts, and local governments based on percentages. For example, the law currently states that the Health Care Authority (HCA) will receive 11% of remaining funds for its youth substance use prevention, education, and treatment programs and for community health centers.

The Legislature has amended the formula eight times. Most changes added or removed agencies from the formula. In addition, the Legislature:

  • Added ranges and caps for some of the percentage-based amounts (e.g., minimum of 10%, up to a certain dollar amount).
  • Added funding for local governments.
  • Added funding for a cannabis social equity program.

In 2022, the Legislature made significant revisions to clarify and simplify the formula. These changes are discussed in Part 4.

Legislature appropriated all funds deposited in the Account

From fiscal year 2015 through 2023, the Legislature appropriated or transferred $3.3 billion from the Account to 13 state agencies, the general fund, and 239 local governments. JLARC staff grouped the funding into seven categories, as shown in Figure 2.

Detailed information about appropriations by agency, year, and category can be found in Appendix A.

Figure 2: Legislature appropriated $3.3 billion from the Account from fiscal year 2015 through fiscal year 2023
Category Entities receiving appropriations Amount appropriated Percent of total
Health care Basic Health Plan Trust Account, HCA $1,800,000,000 54%
General fund Varies $1,008,900,000 30%
Prevention, education, and treatment DOH, DSHS, HCA, OSPI, UW $291,500,000 9%
Administration and enforcement AGR, DES, ECY, LCB, OFM/DOH, WSP $112,800,000 3%
Local government Cities, towns, counties $102,200,000 3%
Research DSHS, HCA, UW, WSU $8,600,000 0.3%
Social equity COM $5,000,000 0.2%
Total $3,329,000,000

Agencies: AGR - Dept. of Agriculture; COM - Dept. of Commerce; ECY - Dept. of Ecology; DES - Dept. of Enterprise Services; DOH - Dept. of Health; DSHS - Dept. of Social & Health Services; HCA - Health Care Authority; LCB - Liquor & Cannabis Board; OFM - Office of Financial Management; OSPI - Office of Superintendent of Public Instruction; UW - University of Washington; WSP - Washington State Patrol; WSU - Washington State University

Note: Sum of percents does not equal 100% due to rounding. Dollar amounts are rounded to the nearest 100,000.

Source: JLARC staff analysis of appropriations (fiscal years 2015 through 2023). The amounts to the Basic Health Plan trust account and general fund reflect actual transfer amounts.

The Legislature added local governments to the funding formula beginning in fiscal year 2018

General fund appropriations

In fiscal years 2016 and 2017, the Legislature distributed $6 million from the state general fund to local governments for cannabis enforcement.

Local governments received funds based on the amount of cannabis excise tax collected and their population.

I-502 did not include funds for cities, towns, or counties.

The Legislature added local governments to the Account's statutory funding formula, effective fiscal year 2018. There are no statutory restrictions on how local governments use the funds. The total amount distributed to all local governments was capped at $15 million annually for fiscal years 2018 through 2021, and at $20 million in fiscal year 2022.

In fiscal year 2023, the Legislature simplified the formula and removed the cap. Under the current formula, local governments share 5% of the funds that remain in the Account after the fixed dollar appropriations are made.

  • To qualify, the local government must allow cannabis businesses to operate. Cities and towns that allow cannabis businesses are eligible even if they are in a county that does not allow cannabis businesses in unincorporated areas.
  • Local governments share 1.5% of funds based on their percent of excise taxes collected.
  • Local governments share 3.5% based on their percent of the state population. Counties share 60% of these funds while cities and towns share 40%.
Figure 3: Local governments that allow cannabis businesses to operate received distributions based on revenue generated and population
Flow chart depicting the distribution of funds to local governments as described in the text above.
Source: JLARC staff analysis of statute and data provided by LCB.

Ten other states were imposing cannabis taxes as of fiscal year 2022

As of July 2023, 23 states and the District of Columbia had legalized recreational cannabis. Of these, Washington and 10 other states were collecting and spending cannabis tax revenues as of fiscal year 2022.

There is no standard for how states should spend or distribute cannabis tax revenues. States spend the funds collected from cannabis revenues in several ways. For example, nine states provide funding for administration and enforcement of the cannabis industry. Four provide funds for health care.

Distribution methods also vary. For example, some states distribute funds to a single state agency with general direction (e.g., Nevada distributes all funds to education). Others are more prescriptive and have complex formulas that distribute funds to multiple agencies to support specific programs or activities.

Figure 4: 23 states and the District of Columbia have legalized recreational cannabis as of July 2023

Map showing the states that had legalized recreational cannabis. These included: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, and Washington, D.C. Of these, Alaska, Arizona, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, and Washington were collecting taxes on sales as of fiscal year 2022.

Source: JLARC staff analysis.

The Legislature appropriated other funds for communities disproportionately harmed by past cannabis-related enforcement laws

In 2021, the Legislature directed JLARC to evaluate racial equity considerations in all studies. The Account does not specifically direct funds to a particular racial or ethnic group.

Separate from the Account appropriations, the 2022 supplemental budget appropriated $200 million from the state general fund to address “racial, economic, and social disparities in Washington communities disproportionately harmed by the historical design and enforcement of state and federal criminal laws and penalties for drug possession." This one-time funding will be distributed by the Department of Commerce through grants for economic development, civil and criminal legal assistance, community-based violence intervention and prevention services, and reentry services.

Part 3.
Expenditures

State and local agencies spent funds consistent with legislative direction

The Legislature asked JLARC staff to determine whether expenditures from the Dedicated Cannabis Account were consistent with statute. Agencies spent 99% of the funds appropriated in fiscal years 2015 through 2023. The spending was consistent with legislative direction.

  • Appendix B includes details about the amount spent by each entity that received funds.
  • Appendix C includes information about distributions to local governments.

While the Account does not direct funds to a particular racial or ethnic group, some funded programs had information about participants. When available, the information is in Appendix B.

Figure 5: The state spent Account funds on health care, cannabis-related activities, and transfers to the general fund and local governments
Stacked bar chart showing 54% of funds were spent on health care for low-income children, 30% on the general fund, 8% on prevention, education, and treatment, 3% distributed to local governments, 3% on administration and enforcement, 0.3% on research, and 0.04% on social equity. These numbers do not add to 100 because of rounding.
Source: JLARC staff analysis of Agency Financial Reporting System (AFRS) data, agency documents, and interviews with agency personnel. Figures are from fiscal year 2015 through fiscal year 2023, as of October 2023. Data updated December 2023, following publication of the preliminary report.

HCA spent $1.8 billion on health care for low-income children

Bar chart showing 54% of funds were spent on health care for low-income children.

About Medicaid

Medicaid is a federal-state program that offers health care coverage to certain individuals. HCA is responsible for administering the program in Washington.

HCA received two appropriations from the Account for health care. The agency used these funds to cover expenses for children enrolled in Medicaid. Between fiscal years 2015 and 2023 HCA received:

  • $1.6 billion transferred from the Account to the Basic Health Plan trust account, which is administered by HCA.
  • $156 million for Community Health Centers.

Funds from the Account do not cover all costs for this Medicaid population. For example, in fiscal year 2022, the total cost was $1.9 billion for children enrolled with a Medicaid managed care organization. The cost was shared by federal, state, and local governments. The state was responsible for $756 million (39%). Funds from the Account covered $287 million of the state's share.

State transferred $1 billion to the general fund

Bar chart showing 30% of funds were spent on general fund Bar chart showing 54% of funds were spent on health care for low-income children

The state transferred $1 billion from the Account to the general fund (fiscal years 2015-2023).

The funding formula for the Account did not restrict how the Legislature used the funds transferred to the state general fund.

  • The general fund is the main state fund that supports state operations including education, human services, general government, and natural resources. OFM publishes information about general fund distributions on its website.
  • Funds from the Account represented less than 1% of all money in the general fund each year.
  • There is no way to determine exactly which agencies or programs were supported with funds from the Account.

State agencies spent $284 million for prevention, education, and treatment efforts

Bar chart showing 8% of funds were spent on prevention, education, and treatment

HCA and the Department of Health (DOH) were the primary recipients of youth substance use prevention, education, and treatment appropriations. The Office of Superintendent of Public Instruction also received $4 million for the statewide Building Bridges program. More information is in Appendix B.

  • HCA spent $206 million. This includes funds originally directed to the Department of Social and Health Services for programs that were transferred to HCA in fiscal year 2019.
  • DOH spent $74 million.

HCA: Statute requires HCA to spend funds on programs and practices that address youth substance use disorder, mental health services for children and youth, and services for pregnant and parenting women. Budget bills put additional restrictions on about half of the funds. HCA did some work directly and partnered with state and private agencies for other work.

The funded programs and practices included:

  • More capacity to serve youths at residential substance use treatment centers.
  • Home-based services for families that include pregnant women or young children.
  • Training and technical assistance.
  • Grants to help communities and community organizations address substance use problems.
  • Substance use prevention programs developed and operated by 20 Tribes.
  • Grants for prevention programs at public schools.

DOH: Statute directs DOH to create and manage a cannabis, vapor product, and tobacco education and public health program. The program must include a hotline, coordinated intervention strategies, media-based education campaigns, and outreach to priority populations. DOH is also directed to use its Account funding to support the Washington Poison Control Center.

Programs that DOH supported with Account funds included:

  • TeenLink, a hotline to support teenagers experiencing mental health crises or problems with substance use.
  • Media campaigns, such as Start Talking Now, You Can, and Not a Moment Wasted.
  • Health education programs such as APICAT for Health, The Rural Network, and the Seattle LGBTQ+ Center.

Local governments spent $102 million

Bar chart showing 3% of funds were distributed to local governments.

A total of 239 cities, towns, and counties have received money from the Account since fiscal year 2018. Each local government decided how to spend its funds. On average, funds from the Account were 0.27% of a local government's general fund revenue.

JLARC staff surveyed the 22 local governments that received over $200,000 in fiscal year 2022. They indicated that they used their funds in the following ways:

  • Sixteen used the funds for general government purposes.
  • Five used funds to support law enforcement activities.
  • Since 2021, King County has used its funds for programs that support individuals affected by past cannabis enforcement laws. Programs included vacating criminal records, community investments, and relief from legal financial obligations (e.g., costs imposed by a court after a criminal conviction).

The state spent $105 million for administration and enforcement, research, and social equity

OBar chart showing 4% of funds were spent on administration and enforcement, research, and social equity.

The remaining funds in the Account were spent on three categories:

  • Administration and enforcement of the regulated cannabis market (3%). Examples of funded activities include LCB's market regulation and the Department of Agriculture's work to test cannabis for pesticides.
  • Research (0.3%). Four entities received research funding: Washington State Institute of Public Policy (WSIPP), HCA, University of Washington (UW), and Washington State University (WSU). Their work included a cost-benefit analysis of cannabis legalization (WSIPP), periodic surveys about substance use by Washington youth (HCA), and studies of short- and long-term effects of cannabis use by UW and WSU.
  • A social equity program administered by the Department of Commerce (0.04%). This program was first funded in fiscal year 2022. To date, Commerce has funded an online learning module for cannabis business plan development and has begun a mentorship program for new cannabis business owners.

Detailed information about these expenditures is available in Appendix B.

Part 4.
Statutory clarifications

The Legislature directed JLARC staff to evaluate the transparency of appropriation and expenditure information. We identified two areas for improvement: statute and availability of expenditure information. This section addresses statute.

The 2022 Legislature clarified the statutory formula

The Legislature revised RCW 69.50.540 eight times beginning in 2015. The revisions typically added or removed entities. Other changes to the distribution formula may have contributed to stakeholder concerns about transparency. For example:

  • Some percentage-based appropriations used ranges with dollar-based caps (e.g., minimum of 10%, up to a certain dollar amount).
  • Some amounts were to be appropriated quarterly, which is inconsistent with the state's annual budgeting approach.
  • The amount distributed to local governments was based on the amount transferred to the general fund in the previous fiscal year. It included both a percentage and a dollar-based cap.

In 2022, the Legislature revised the formula. While it remains a two-part formula, the changes simplify and clarify key parts. For example, the Legislature replaced the ranges with specific percentages and adjusted the local government distribution formula. It also changed the appropriations for five entities from percentage-based to fixed dollar amounts. When making the revisions, the Legislature ensured that entities received at least the same amount they had under the prior formula.

Two provisions in RCW could be updated

There are two additional statutory updates that may improve clarity:

  1. Appropriations to the Basic Health Plan trust account are spent on health care costs for children enrolled in Medicaid. I-502 required the state to transfer funds in the Account to the Basic Health Plan trust account. Washington replaced its Basic Health Plan with an expanded Medicaid program in 2014. The Legislature authorized HCA to use Basic Health Plan funds for Medicaid clients enrolled in managed care organizations. However, the Dedicated Cannabis Account funding formula continues to reference the Basic Health Plan (Chapter 70.47 RCW) rather than Medicaid.

  2. Another appropriation to HCA is for contracts with Community Health Centers. The centers are part of a federal program to provide health care for low-income and medically underserved populations. HCA uses the funding to pay for health care costs for children enrolled in Medicaid and seen at a center. While this may be consistent with budget direction, the money is not spent on contracts with the centers, as statute currently requires.

Together, these two appropriations make up more than half of the funding from the Account. Both are spent on health care for children enrolled in Medicaid. The Legislature could combine the appropriations and/or specify that funds are intended for Medicaid rather than the Basic Health Plan and Community Health Centers.

Part 5.
Information transparency

The Legislature directed JLARC staff to evaluate the transparency of appropriation and expenditure information. We identified two areas for improvement: statute and availability of expenditure information. This section addresses information availability and transparency.

No single entity is responsible for reporting how the funds are spent

Multiple state agencies receive and spend money from the Account. The Legislature has not directed any entity to publish detailed information about the appropriations or expenditures from the Account.

LCB and others provide cannabis financial information, but it can be difficult to find

LCB is the state's cannabis regulatory agency and the Account's administering agency. As such, members of the public may look to it for information about cannabis, including the appropriations and expenditures of the Account.

LCB has included basic Account information in different sections of its annual agency report since 2015.

  • Reports from 2015 through 2019 included revenues and major distributions by category (e.g., general fund, basic health, and education/prevention).
  • Reports from 2020 through 2022 included revenues and more detailed expenditure information.

Other entities that receive funds also have published information. For example:

  • The UW Addictions, Drug & Alcohol Institute published a biennial report about research and collaborations funded by the Account.
  • HCA's Division of Behavioral Health and Recovery periodically produced a one-page summary of annual accomplishments achieved with Account funds.

While information on Account revenues and expenditures is available, it is not currently published in a single location. A person cannot find the information by searching for terms such as “cannabis expenditures” or “dedicated cannabis account” on the LCB website.

Best practices for online information sharing include making data easily accessible

The Government Accountability Office and the Office of Management and Budget identify best practices for sharing information with the public online.

Best practices include:

  • Collaborating across agencies to ensure information is publicly available and not duplicated.
  • Ensuring people can easily find content.
  • Engaging with stakeholders on content and usability.
  • Providing open data to the public.

8 of 10 other states that report information about cannabis revenues use a cannabis-specific website or webpage

JLARC staff reviewed the reporting approaches taken by 10 other states that legalized recreational cannabis and collected cannabis taxes before fiscal year 2022. These states have developed cannabis markets and established methods of reporting information about excise tax expenditures.

  • Eight states use a cannabis-specific website or a designated cannabis webpage.
  • Two states issue cannabis-specific reports that are linked to a central webpage.
  • Washington is the only state that does not share cannabis-specific financial information on a designated website or webpage, dashboard, or in a cannabis report.
Figure 6: Cannabis-specific financial information provided by states that have collected tax revenues prior to 2022
AK AZ CA CO IL ME MA MI NV OR WA Total
Website 3
Webpage
5
Report 7
Dashboard
4

Notes: A report includes a detailed explanation of where the revenues come from as well as how they are distributed and expended. A dashboard is an interactive webpage that allows users to select various criteria or points in time to understand data visually.

Source: JLARC staff analysis of states' cannabis-related financial information.

Other Washington state agencies make expenditure information available online

Other state agencies have taken steps to make detailed financial information available to the public. These examples all involve complex revenue and expenditure streams.

  • Washington State Lottery’s annual financial report. This comprehensive report explains annual revenues and distributions of Washington's lottery. The agency produces it to promote transparency. The fiscal year 2021 report won a national award from the Government Finance Officers Association.
  • Department of Natural Resources' (DNR) annual report includes timber harvest sale revenue and distributions to multiple entities. Statute requires DNR to produce a biennial fiscal report that includes revenues, expenditures, and other agency activities. The reports are easy to find on DNR's website.
  • Recreation and Conservation Office’s interactive dashboard, which also includes links to reports and other resources. The dashboard was developed following a JLARC recommendation and legislative funding. In 2021, the dashboard won a Washington Coalition for Open Government Key Award.

Online access to cannabis financial information could increase transparency

The state could create a single online location to improve access to Account expenditure information. Currently, multiple agencies post information related to their expenditures on their individual websites. A single webpage would make this information more accessible.

LCB is well positioned to increase the transparency of appropriation and expenditure information. It is the state's cannabis regulatory agency, administers the Account, and collects excise tax revenues. LCB already collects and shares some information about revenues and expenditures, and it has two cannabis webpages with information for cannabis business owners.

Recommendation

The Legislative Auditor makes one recommendation to the Liquor and Cannabis Board (LCB).

Recommendation #1:
As the administrator of the Dedicated Cannabis Account, LCB should create a webpage that provides information about cannabis revenues and expenditures.

The webpage should include information that LCB already publishes in its annual report and on its frequently asked public records request webpage. It also could link to information produced by other agencies that receive cannabis funds.

LCB should then consult with stakeholders, including legislative staff, to determine whether they need additional detail and, if so, the appropriate format for sharing this information. Based on that consultation, LCB may need to develop a more robust site that includes detailed information about how each entity spends money from the Account. If LCB were to develop a more robust site, it should coordinate with all entities that receive funds from the Account.

Legislation Required: None

Fiscal Impact: JLARC staff assume the recommendation can be completed within existing resources. A more detailed webpage may require additional resources.

Implementation Date: December 2024

Agency and OFM Responses

The Liquor and Cannabis Board concurs with this recommendation. See attached letter (PDF).

The Office of Financial Management (OFM) was given an opportunity to comment on this report. OFM responded that it does not have any comments.

Current Recommendation Status

JLARC staff follow up on the status of Legislative Auditor recommendations to agencies and the Legislature for four years. The most recent responses from agencies and status of the recommendations in this report can be viewed on our Legislative Auditor Recommendations page.

Appendices

Appendix A: Appropriation data | Appendix B: Expenditure data | Appendix C: Local government appropriations | Appendix D: Applicable statutes | Appendix E: Study questions & methods | Appendix F: Methods | Appendix G: Audit authority

Appendix A: Appropriation data

Screen shot of interactive dashboard showing appropriation data. Click to follow link. Data also available in Excel download.

The dashboard (click on the image to the right) contains detailed appropriation data from fiscal years 2015 through 2023. You can filter and view it by agency, fund, category, and amount. The data also includes a summary of the statutory directives and budget requirements.

You also can download the data in Excel. This file includes additional detail.

Appendix B: Expenditure data

This appendix provides an overview of the entities that received and spent money from the Dedicated Cannabis Account. It is organized by the entity that initially received the Account funds. In several cases, the entity receiving funds passed the money to another entity that delivered a program or service.

  • Category: Health care
  • Annual expenditure (FY2015-2023): $22,706,000 - $272,000,000
  • Total expenditure: $1,644,303,154

I-502 directed 50% of percentage-based appropriations from the Account to the Basic Health Plan Trust Account. The Legislature increased this appropriation to 52% in fiscal year 2023.

The Legislature created the Basic Health Plan (BHP) and the Basic Health Plan trust account in 1987 to provide an affordable health care plan option for low-income individuals and children who did not otherwise qualify for Medicaid. Health care services were provided by managed care organizations (MCOs) that charged a set per member per month payment for services.

The 2010 federal Affordable Care Act allowed states to expand Medicaid. Washington opted to expand Medicaid coverage on January 1, 2014. Most of the individuals enrolled in the BHP became eligible for Medicaid under the expanded coverage. As a result, the Legislature eliminated the BHP.

Although the BHP no longer exists, funds from the Dedicated Cannabis Account are still transferred into the BHP trust account. In 2014, the Legislature authorized the Health Care Authority (HCA) to use funds in the BHP trust account for Medicaid clients enrolled in managed care plans. HCA spends these funds to partially cover costs incurred by categorically needy children enrolled with a Medicaid managed care organization.

HCA publishes a public dashboard with information about health care usage and client demographics.

  • Category: Administration and enforcement
  • Annual expenditure (FY2020-2023): $586,307 - $635,000
  • Total expenditure: $2,470,151

Between fiscal year 2020 and fiscal year 2023, Agriculture received funds “for compliance-based laboratory analysis of pesticides in cannabis.” Agriculture has a website offering information about allowable pesticides for cannabis growers and other resources. Just over half of its expenditures were for testing. Other expenditures were for compliance, pesticide registration and policy, and pesticide science.

  • Category: Social equity
  • Annual expenditure (FY2022-2023): $59,330 - $1,248,831
  • Total expenditure: $1,308,161

Commerce began receiving an annual appropriation in fiscal year 2022 to fund the Cannabis Social Equity Technical Assistance Grant program. Technical assistance includes activities such as help with navigating the cannabis licensure process, cannabis-business plan development, and regulatory compliance training. Commerce was also directed to establish a roster of mentors available to support social equity applicants.

As of October 2023, Commerce has spent 26% of appropriated funds. Commerce explained to JLARC staff that it took longer than expected to hire staff, thus the delay in expending funds. To date Commerce has funded:

  • Category: Administration and enforcement
  • Annual expenditure (FY2019-2023): $72,325 - $416,875
  • Total expenditure: $1,206,159

I-502 and current law require cannabis producers and processors to have their products tested at an accredited lab on a variety of standards set by the LCB. Before 2019, LCB was directed to manage a lab accreditation program to provide consistency across labs. In 2024, this responsibility will shift to Ecology. In preparation, Ecology was given funding starting in fiscal year 2019 to establish the program and coordinate a scientific task force.

Ecology’s cannabis science task force webpage links to legislatively required reports and archived activities, including meeting minutes, reports, and working documents.

  • Category: Administration and enforcement
  • Annual expenditure (FY2016): $95,000
  • Total expenditure: $95,000

DES was given one-time funding for the Building Code Council to develop fire and building code provisions related to marijuana processing and extraction facilities. The provisions became effective in July 2015.

  • Category: Prevention, education, and treatment
  • Annual expenditure (FY2016-2023): $7,418,331 – $11,138,914
  • Total expenditure: $74,147,032

DOH has broad statutory direction to create and manage a cannabis, vapor product, and tobacco education and public health program that includes the following elements:

  • Hotline.
  • Coordinated intervention strategies for youth prevention and use reduction.
  • Media-based education campaigns.
  • Outreach to priority populations.

DOH staff provided information demonstrating expenditures of funds in all of these areas. Examples they provided for fiscal year 2022 and fiscal 2023 include:

  • TeenLink, a hotline “for teens by teens” geared towards mental health crises and substance use.
  • Media campaigns that were focused on youth and young adult prevention, influential adults, and pregnant or breast-feeding mothers. Examples of campaigns supported by Account funds include Start Talking Now, You Can, and Not a Moment Wasted.
  • Targeted micro-campaigns for DOH’s priority populations. These included peer-to-peer education and outreach tailored to Hispanic/Latino youth, a media campaign tailored to American Indian/Alaska Native youth, and a podcast with content particularly relevant to LGBTQ+ youth.
  • Region-specific efforts that focus on developing prevention networks.
  • Contracts with groups supporting DOH’s priority populations. Examples of funded groups in fiscal year 2022 and fiscal year 2023 include Asian Pacific Islander Coalition Advocating Together for Health (APICAT for Health), STAND (a peer education program that services African and African American communities across WA), ESD 123 to work with migrant families, ESD 112 to support The Rural Network, and the Seattle LGBTQ+ Center.

DOH also receives Account funds for the Washington Poison Control Center. Between fiscal years 2016 and 2023, $1,976,943 of DOH's Account funds were spent on the Poison Control Center.

DSHS received and spent funds in fiscal years 2015-2018. The programs managed by DSHS were transferred to HCA in 2019. The programs are described under HCA.

  • Category: Prevention, education, and treatment
  • Annual expenditure (FY2015-2018): $5,166,000 - $27,643,755
  • Total expenditure: $71,394,811
  •  
  • Category: Research
  • Annual expenditure (FY2016-2018): $700,000
  • Total expenditure: $2,100,000
  • Category: General fund transfer
  • Annual transfer: (FY2015-2023): $15,269,000 - $191,295,655
  • Total expenditure: $1,008,937,862

Prior to statutory revisions in 2022, the general fund received whatever was left of funds after all other appropriations were made. This amounted to 31% of total Account revenues between fiscal year 2015 to 2022. Statute currently appropriates 32% of percentage-based appropriations. OFM publishes information about how general funds are spent in a report on its website.

  • Annual expenditure (FY2019-2023): $451,773 - $820,468
  • Total expenditure: $3,241,183
  • Washington State Institute for Public Policy (WSIPP) Cost-Benefit Analysis

WSIPP is directed to conduct a long-term cost-benefit analysis of the legalization of recreational cannabis (RCW 69.50.550). Funding is currently appropriated through HCA (formerly through DSHS). WSIPP has received $200,000 per year for the study.

WSIPP published a research plan in 2015 and a report of initial outcome analyses in 2017. The third report is divided into two documents. The report published in June 2023 covered policy history and revenues and expenditures to/from the Dedicated Cannabis Account. The report published in September 2023 included outcomes related to reported substance use, substance use disorder diagnoses, traffic safety, and cannabis-related convictions. The final report is due in 2032.

Healthy Youth Survey and Young Adult Behavioral Health Survey

The Healthy Youth Survey is conducted as a joint effort between HCA, OSPI, DOH, and LCB. The survey of middle and high school students began in 2002 and occurs every other year. The survey is administered free of charge to students through schools that register to participate.

The Washington Young Adult Behavioral Health Survey was started in 2014 to study changes in cannabis use in young adults after the legalization of recreational cannabis. HCA contracts with UW Medicine to conduct the annual online survey. The survey is longitudinal, meaning participants are invited to continue taking the survey year after year to see if and how behaviors change over time. First-time participants must be between 18 and 25 years old.

  • Annual expenditure (FY2015-2023): $2,271,000 - $26,906,000
  • Total expenditure: $155,844,000

Statute directs HCA to have contracts with Community Health Centers to provide primary health and dental services, migrant health services, and maternity health services. HCA uses the funding to pay for children enrolled in Medicaid who are seen at the centers.

The centers are part of a federal program to provide health care to low-income and medically underserved populations. Federally qualified health centers are eligible to receive cost-based reimbursement rates for Medicare and Medicaid patients. This is generally a higher rate than what is available to other physician’s offices.

There are 27 Community Health Centers in Washington. Most have more than one site offering patient services. Thirty-two Washington counties have at least one site. In 2022, nearly 1.2 million patients were served at centers in the state. According to federal data, 59% of patients seen at centers identify as a racial or ethnic minority.

  • Annual expenditure (FY2019-2023): $26,522,845 - $27,222,959
  • Total expenditure: $134,418,061

In general, HCA is directed to develop, implement, maintain, and evaluate programs and practices aimed at the prevention or reduction of youth substance use disorder, mental health services for children and youth, and services for pregnant and parenting women.

The Legislature has directed HCA to use some funds for specific efforts. These requirements are described below. HCA is directed to partner with other entities for some of this work.

  • Memorandum of Understanding with Department of Children, Youth, and Families (DCYF)
  • In fiscal year 2021, DCYF used Account funds for:
  • Substance use disorder treatment for youth in secure residential facilities. There are three secure residential facilities in Washington.
  • Substance use disorder treatment programs for locally committed juvenile offenders.
  • Grants to county juvenile courts for evidence-based treatments and therapies.
  • These programs also receive funding from the general fund.
  • Parent-Child Assistance Program (PCAP)

The Parent-Child Assistance Program (PCAP) is administered by the University of Washington. Services are offered to mothers with substance use disorders through county-based organizations. PCAP uses a home visitation model to help participants gain independence from their substance use disorder and prevent future prenatal exposures. In fiscal year 2021, PCAP services were provided to 1,400 clients and their families. The program receives funding from numerous sources besides the Dedicated Cannabis Account.

Office of Superintendent of Public Instruction (OSPI) Life Training Skills

HCA provided Account funding to OSPI for a program called the LifeSkills Training Substance Abuse Prevention Grants. As described by OSPI, “the Botvin LifeSkills program teaches youth how to cope with and manage stress and anxiety, build positive relationship and communication skills, and develop refusal skills to prevent and reduce substance use and abuse.” According to HCA, in fiscal year 2021, 15 middle schools were awarded grants and 3 schools received funds to build capacity to implement the program.

Tribal Prevention and Treatment Services

HCA is directed to maintain increased prevention and treatment services provided by Tribes and federally recognized American Indian organizations to children and youth. HCA reported that 20 federally recognized Tribes implemented prevention programs in fiscal year 2021, such as Sport Prevention Wellness Culture, Choice & Respect Program, Family and Culture, and Healing of the Canoe.

Residential Treatment Services for Children and Youth

HCA prioritizes youth ages 13-17 who are pregnant, intravenous drug users, have referrals from detoxification or Involuntary Treatment Act, or are at-risk/runaway youth for these services. In fiscal year 2021, 30 additional youth residential beds were added at two substance use disorder treatment agencies with funds from the Account. Funding is also distributed to all youth residential treatment providers to maintain bed capacity.

Training and Technical Assistance for Evidence-Based Programs

HCA is directed to provide training and technical assistance for the implementation of evidence-based, research based, and promising programs that prevent or reduce substance use disorder. HCA reported conducting 71 trainings in fiscal year 2021.

Home Visiting Services Account

The Home Visiting Services Account (HVSA) was created by the Legislature in 2010 to support and expand capacity for “high-quality proven and promising” home visiting services in WA. Home visiting services pair expectant parents or parents of young children with trained professionals in the community. The HVSA is administered and led by DCYF in partnership with a private organization called Start Early Washington and the state Department of Health. Per RCW 43.216.130, state funds in the HVSA are matched by funds secured by the public-private partnership. The program also receives federal funds. The contribution of the Account to state expenditures has ranged from 25-100% between fiscal year 2016 and fiscal year 2022.

According to the 2021 Home Visiting Services Account Annual Report, American Indian/Alaska Native, Black/African American, and Hispanic/Latino individuals were overrepresented among HVSA caregivers receiving services.

  • Grants to Community-Based Prevention Programs
  • HCA has two models for community-based prevention services.
  • Community Prevention and Wellness Initiative (CPWI) focuses on empowering communities to address substance use problems. This initiative began in 2011 and is operated in partnership by HCA (originally the program was with DSHS) with counties, OSPI, school districts, and educational service districts. CPWI targets youth prevention funds to highest risk areas using a risk index. The risk index is 50% based on substance use consumption (using data from Healthy Youth Survey) and 50% consequences of consumption, such as mental health, juvenile delinquency, and school failure. As of fiscal year 2021, CPWI was being implemented in 100 communities across the state.
  • Community-based organization grants. These grants are offered to public or non-profit organizations directly delivering services or programs. As of October 2023, there were 21 community-based organizations in Washington, many of them serving multiple counties (e.g., Boys and Girls Club). Grant funding comes from two state and one federal source: Dedicated Cannabis Account, the Mental Health Promotion Project, and State Opioid Response (federally funded).
  • Category: Administration and enforcement
  • Annual expenditure (FY2015-2023): $4,214,235 - $11,931,297
  • Total expenditure: $85,496,594

LCB is responsible for regulating and enforcing the recreational cannabis market. As such, the majority of its funding is attributed to regulatory services and enforcement in its agency accounting codes.

  • Category: Local government distribution
  • Annual distribution: (FY2018-2023): $15,000,000 - $22,157,000
  • Total expenditure: $102,157,000

Funding from the Account to local governments is unrestricted. This means local governments are not required to spend it for a specific purpose. Additional information about amounts distributed by year is in Appendix C.

  • Category: Administration and enforcement
  • Annual expenditure (FY2018-2020): $352,000 - $2,652,000
  • Total expenditure: $4,327,000

Funding was appropriated from the Account to the Health Professions Account for development and administration of the medical cannabis authorization database by DOH. In the budget bills, the funding was routed through Office of Financial Management.

The medical cannabis authorization database was created by DOH in 2015 as part of the integration of medical cannabis into the regulated market. Medical patients who register can purchase cannabis products at medically endorsed retail establishments without paying sales and use taxes. There is a $1 application and annual renewal fee. The fees were deposited into the Health Professions Account but in 2019, legislation shifted fees to the Dedicated Cannabis Account. DOH now is authorized to use part of its appropriation from the Account on the database.

  • Category: Prevention, education, and treatment
  • Annual expenditure (FY2016-2023): $235,424 - $540,266
  • Total expenditure: $3,542,641

OSPI receives Account funding for grants to the Building Bridges program. OSPI also receives money from the state general fund for this purpose.

The Building Bridges Program is a local partnership of schools, families, and communities focused on dropout prevention, intervention, and retrieval. The program started in 2007. According to a 2021 legislative report, “in the 2020-21 school year, OSPI awarded 12 building bridges grants to various community-based organizations serving Black and/or Indigenous youth and young people of color to offer timely supports to students. Activities include mentoring, tutoring, transition planning, and more.” OSPI awarded grants to 29 organizations in the 2021-22 school year, and 30 in the 2022-23 school year.

  • Category: Prevention, education, and treatment; research
  • Annual expenditure (FY2016-2023): $226,996 - $325,000
  • Total expenditure: $2,057,928

UW receives two appropriations. The majority (92%) of funds are for research on short- and long-term effects of cannabis use. The remainder is for the Alcohol and Drug Abuse Institute (ADAI) for creation, maintenance, and timely updates of web-based public education materials. The Alcohol and Drug Abuse Institute is now called the Addictions, Drug & Alcohol Institute.

In 2015, ADAI created a workgroup to coordinate cannabis-related research and distribution of research findings. This workgroup became the Cannabis Education & Research Program (CERP). Each biennium, it has published a report highlighting how it has used its Dedicated Cannabis Account funds. Examples include:

  • A small grant program to fund research conducted by UW researchers.
  • Science symposiums with WSU and other researchers.
  • A website and biennial reports sharing research findings and links to scientific papers and reports.
  • Public information website called “Learn About Cannabis.”
  • Category: Administration and enforcement
  • Annual expenditure (FY2019-2023): $1,822,759 - $2,423,000
  • Total expenditure: $11,133,729

Between fiscal years 2019 and 2023, WSP was given an annual appropriation for a multi-jurisdictional drug enforcement task force to address illegal cannabis activities. In its annual report, WSP noted that its detectives were co-housed regionally with drug task forces throughout the state. Detectives focused on “criminal activity involving the diversion, illicit production and distribution” of cannabis in Washington. WSP collaborates with the federal Drug Enforcement Administration in these efforts. Between 2019 and 2021, WSP reports that these activities collectively resulted in the following:

  • Eradication of 233,437 illegal plants.
  • 280 arrests.
  • 179 weapons recovered.
  • Category: Research
  • Annual expenditure (FY2016-2023): $138,000 - $175,000
  • Total expenditure: $1,141,000

WSU has used its funding for a small grant program offered through the Alcohol and Drug Abuse Research Program. Grants are offered in odd-numbered years for $30,000.

Appendix C: Local government distributions

Screen shot of interactive dashboard showing distribution data. Click to follow link. Data also available in Excel download.

Local governments that do not restrict cannabis producers, processors, or retail stores receive a portion of Account revenues.

The dashboard (click on the image to the right) shows the distributions by year and government.




Appendix D: Applicable statutes

(1) For the purposes of this subsection (1), the legislature must appropriate the amounts provided in this subsection:

(a) $12,500,000 annually to the board for administration of this chapter as appropriated in the omnibus appropriations act;

(b) $11,000,000 annually to the department of health for the following:

(i) Creation, implementation, operation, and management of a cannabis, vapor product, and commercial tobacco education and public health program that contains the following:

(A) A cannabis use public health hotline that provides referrals to substance abuse treatment providers, uses evidence-based or research-based public health approaches to minimizing the harms associated with cannabis use, and does not solely advocate an abstinence-only approach;

(B) Programs that support development and implementation of coordinated intervention strategies for the prevention and reduction of commercial tobacco, vapor product, and cannabis use by youth and cannabis cessation treatment services, including grant programs to local health departments or other local community agencies;

(C) Media-based education campaigns across television, internet, radio, print, and out-of-home advertising, separately targeting youth and adults, that provide medically and scientifically accurate information about the health and safety risks posed by cannabis use; and

(D) Outreach to priority populations regarding commercial tobacco, vapor product, and cannabis use, prevention, and cessation; and

(ii) The Washington poison control center;

(c)(i) $3,000,000 annually to the department of commerce to fund cannabis social equity grants under RCW 43.330.540; and

(ii) $200,000 annually to the department of commerce to fund technical assistance through a roster of mentors under RCW 43.330.540;

(d) $200,000 annually, until June 30, 2032, to the health care authority to contract with the Washington state institute for public policy to conduct the cost-benefit evaluations and produce the reports described in RCW 69.50.550;

(e) $25,000 annually to the University of Washington alcohol and drug abuse institute for the creation, maintenance, and timely updating of web-based public education materials providing medically and scientifically accurate information about the health and safety risks posed by cannabis use;

(f) $300,000 annually to the University of Washington and $175,000 annually to the Washington State University for research on the short-term and long-term effects of cannabis use to include, but not be limited to, formal and informal methods for estimating and measuring intoxication and impairments, and for the dissemination of such research;

(g) $550,000 annually to the office of the superintendent of public instruction to fund grants to building bridges programs under chapter 28A.175 RCW;

(h) $2,423,000 for fiscal year 2022 and $2,423,000 for fiscal year 2023 to the Washington state patrol for a drug enforcement task force;

(i) $270,000 for fiscal year 2022 and $290,000 for fiscal year 2023 to the department of ecology for implementation of accreditation of cannabis product testing laboratories;

(j) $800,000 for each of fiscal years 2020 through 2023 to the department of health for the administration of the cannabis authorization database; and

(k) $621,000 for fiscal year 2022 and $635,000 for fiscal year 2023 to the department of agriculture for compliance-based laboratory analysis of pesticides in cannabis.

(2) Subsections [Subsection] (1)(a) through (g) of this section must be adjusted annually based on the United States bureau of labor statistics' consumer price index for the Seattle area.

(3) After appropriation of the amounts identified in subsection (1) of this section, the legislature must annually appropriate such remaining amounts for the purposes listed in this subsection (3) as follows:

(a) Fifty-two percent to the state basic health plan trust account to be administered by the Washington basic health plan administrator and used as provided under chapter 70.47 RCW;

(b) Eleven percent to the health care authority to:

(i) Design and administer the Washington state healthy youth survey, analyze the collected data, and produce reports, in collaboration with the office of the superintendent of public instruction, department of health, department of commerce, family policy council, and board. The survey must be conducted at least every two years and include questions regarding, but not necessarily limited to, academic achievement, age at time of substance use initiation, antisocial behavior of friends, attitudes toward antisocial behavior, attitudes toward substance use, laws and community norms regarding antisocial behavior, family conflict, family management, parental attitudes toward substance use, peer rewarding of antisocial behavior, perceived risk of substance use, and rebelliousness. Funds disbursed under this subsection may be used to expand administration of the healthy youth survey to student populations attending institutions of higher education in Washington;

(ii) Develop, implement, maintain, and evaluate programs and practices aimed at the prevention or reduction of maladaptive substance use, substance use disorder, substance abuse or substance dependence, as these terms are defined in the diagnostic and statistical manual of mental disorders, among middle school and high school-age students, whether as an explicit goal of a given program or practice or as a consistently corresponding effect of its implementation, mental health services for children and youth, and services for pregnant and parenting women. In deciding which programs and practices to fund under this subsection (3)(b)(ii), the director of the health care authority must consult, at least annually, with the University of Washington's social development research group and the University of Washington's alcohol and drug abuse institute; and

(iii) Contract with community health centers to provide primary health and dental care services, migrant health services, and maternity health care services as provided under RCW 41.05.220;

(c)(i) One and one-half percent to counties, cities, and towns where licensed cannabis retailers are physically located. Each jurisdiction must receive a share of the revenue distribution under this subsection (3)(c)(i) based on the proportional share of the total revenues generated in the individual jurisdiction from the taxes collected under RCW 69.50.535, from licensed cannabis retailers physically located in each jurisdiction. For purposes of this subsection (3)(c), 100 percent of the proportional amount attributed to a retailer physically located in a city or town must be distributed to the city or town;

(ii) Three and one-half percent to counties, cities, and towns ratably on a per capita basis. Counties must receive 60 percent of the distribution based on each county's total proportional population. Funds may only be distributed to jurisdictions that do not prohibit the siting of any state licensed cannabis producer, processor, or retailer;

(iii) By September 15th of each year, the board must provide the state treasurer the annual distribution amount made under this subsection (3)(c), if any, for each county and city as determined in (c)(i) and (ii) of this subsection; and

(iv) Distribution amounts allocated to each county, city, and town in (c)(i) and (ii) of this subsection must be distributed in four installments by the last day of each fiscal quarter; and

(d) Thirty-two percent must be deposited in the state general fund.

[ 2023 c 470 § 1015. Prior: 2022 c 169 § 2; 2022 c 16 § 102; 2021 c 334 § 986; prior: 2020 c 357 § 916; 2020 c 236 § 4; 2019 c 415 § 978; prior: 2018 c 299 § 910; 2018 c 201 § 8014; 2017 3rd sp.s. c 1 § 979; 2015 3rd sp.s. c 4 § 967; 2015 2nd sp.s. c 4 § 206; 2013 c 3 § 28 (Initiative Measure No. 502, approved November 6, 2012).]

NOTES:

Explanatory statement2023 c 470: See note following RCW 10.99.030.

IntentFinding2022 c 16: See note following RCW 69.50.101.

Conflict with federal requirementsEffective date2021 c 334: See notes following RCW 43.79.555.

Effective date2020 c 357: See note following RCW 43.79.545.

FindingsIntent2020 c 236: See note following RCW 69.50.335.

Effective date2019 c 415: See note following RCW 28B.20.476.

Effective date2018 c 299: See note following RCW 43.41.433.

FindingsIntentEffective date2018 c 201: See notes following RCW 41.05.018.

Effective date2017 3rd sp.s. c 1: See note following RCW 43.41.455.

Effective dates2015 3rd sp.s. c 4: See note following RCW 28B.15.069.

FindingsIntentEffective dates2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

Intent2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

The dedicated cannabis account is created in the state treasury. All moneys received by the board, or any employee thereof, from cannabis-related activities must be deposited in the account. Unless otherwise provided in chapter 4, Laws of 2015 2nd sp. sess., all cannabis excise taxes collected from sales of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products under RCW 69.50.535, and the license fees, penalties, and forfeitures derived under this chapter from cannabis producer, cannabis processor, cannabis researcher, and cannabis retailer licenses, must be deposited in the account. Moneys in the account may only be spent after appropriation.

[ 2023 c 470 § 1014. Prior: 2022 c 169 § 1; 2022 c 16 § 100; 2018 c 299 § 909; 2016 sp.s. c 36 § 942; 2015 2nd sp.s. c 4 § 1101; 2013 c 3 § 26 (Initiative Measure No. 502, approved November 6, 2012).]

NOTES:

Explanatory statement2023 c 470: See note following RCW 10.99.030.

IntentFinding2022 c 16: See note following RCW 69.50.101.

Effective date2018 c 299: See note following RCW 43.41.433.

Effective date2016 sp.s. c 36: See note following RCW 18.20.430.

FindingsIntentEffective dates2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

Intent2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

Appendix E: Study questions

This study aimed to answer the following questions, which were presented to JLARC in November 2022 (view here).

  1. How much money has been appropriated from the Dedicated Cannabis Account and for what purposes?
  2. How have state and local entities spent the funds they received? Are the expenditures consistent with statutory directives?
  3. Are any funds directed to disproportionately impacted areas as defined in RCW 69.50.335?
  4. How is information about the Account’s appropriation and expenditures made available to the public, and are there options for improving the transparency and accessibility of information?

Appendix F: Methods

The methodology JLARC staff use when conducting analyses is tailored to the scope of each study, but generally includes the following:

  • Interviews with stakeholders, agency representatives, and other relevant organizations or individuals.
  • Site visits to entities that are under review.
  • Document reviews, including applicable laws and regulations, agency policies and procedures pertaining to study objectives, and published reports, audits, or studies on relevant topics.
  • Data analysis, which may include data collected by agencies and/or data compiled by JLARC staff. Data collection sometimes involves surveys or focus groups.
  • Consultation with experts when warranted. JLARC staff consult with technical experts when necessary to plan our work, to obtain specialized analysis from experts in the field, and to verify results.

The methods used in this study were conducted in accordance with Generally Accepted Government Auditing Standards.

More details about specific methods related to individual study objectives are described in the body of the report under the report details tab or in technical appendices.

Appendix G: Audit Authority

The Joint Legislative Audit and Review Committee (JLARC) works to make state government operations more efficient and effective. The Committee is comprised of an equal number of House members and Senators, Democrats and Republicans.

JLARC's nonpartisan staff auditors, under the direction of the Legislative Auditor, conduct performance audits, program evaluations, sunset reviews, and other analyses assigned by the Legislature and the Committee.

The statutory authority for JLARC, established in Chapter 44.28 RCW, requires the Legislative Auditor to ensure that JLARC studies are conducted in accordance with Generally Accepted Government Auditing Standards, as applicable to the scope of the audit. This study was conducted in accordance with those applicable standards. Those standards require auditors to plan and perform audits to obtain sufficient, appropriate evidence to provide a reasonable basis for findings and conclusions based on the audit objectives. The evidence obtained for this JLARC report provides a reasonable basis for the enclosed findings and conclusions, and any exceptions to the application of audit standards have been explicitly disclosed in the body of this report.

JLARC members on publication date

Senators

Bob Hasegawa

Liz Lovelett

Mark Mullet, Chair

Ann Rivers

Jesse Salomon

Shelly Short

Lynda Wilson, Secretary

Keith Wagoner

Representatives

Emily Alvarado

Stephanie Barnard

April Berg

Jake Fey

Keith Goehner

Stephanie McClintock

Ed Orcutt, Vice Chair

Gerry Pollet, Assistant Secretary