WSR 08-21-001

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed October 2, 2008, 8:52 a.m. , effective November 2, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 246-75-010 defines the quantity of marijuana that could reasonably be presumed to be a sixty-day supply allowed under the medical marijuana law (chapter 69.51A RCW) for qualifying patients. The rules clarify the existing law, and will assist patients, designated providers, physicians, law enforcement, and others in understanding what constitutes a sixty-day supply of medical marijuana.

Statutory Authority for Adoption: RCW 69.51A.080 (chapter 371, Laws of 2007).

Adopted under notice filed as WSR 08-14-149 on July 1, 2008.

Changes Other than Editing from Proposed to Adopted Version: The department made changes to the rule to address public comment about the definition of "immature plant" and "mature plant" and the limit of six mature plants as part of the presumptive sixty-day supply. Many comments stated the proposed definition of a sixty-day supply did not include a sufficient number of plants for a sixty-day supply of medical marijuana. The adopted rule allows for a limit of fifteen plants in any stage of growth.

The department also removed from the proposed rule the requirement that a qualifying patient obtain documentation from a physician in order to overcome the presumptive limits. The adopted rule uses the language of the statute.

The department made the following specific changes to provisions of the rule:

WAC 246-75-010 (2)(b) and (c) were amended to remove the definition of "mature plant" and "immature plant." The adopted rule defines a plant as any marijuana plant in any stage of growth.

WAC 246-75-010 (3)(a) was changed to remove the limit of six mature plants and eighteen immature plants. The adopted rule allows a limit of no more than fifteen plants.

WAC 246-75-010 (3)(c) was changed to remove the requirement that a qualifying patient provide documentation from the patient's physician to overcome the rule's presumptive amount of a sixty-day supply. The adopted rule includes the statement from RCW 69.51A.080 that a qualifying patient may overcome the presumptive limit with evidence of necessary medical use.

A final cost-benefit analysis is available by contacting DOH Medical Marijuana, P.O. Box 47850, Olympia, WA, 98504-7850, phone (360) 236-4612, fax (360) 236-4626, e-mail medicalmarijuana@doh.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: October 1, 2008.

Mary C. Selecky

Secretary

OTS-1732.3

Chapter 246-75 WAC

MEDICAL MARIJUANA


NEW SECTION
WAC 246-75-010   Medical marijuana.   (1) Purpose. The purpose of this section is to define the amount of marijuana a qualifying patient could reasonably expect to need over a sixty-day period for their personal medical use. It is intended to:

(a) Allow medical practitioners to exercise their best professional judgment in the delivery of medical treatment;

(b) Allow designated providers to assist patients in the manner provided in chapter 69.51A RCW; and

(c) Provide clarification to patients, law enforcement and others in the use of medical marijuana.

(2) Definitions.

(a) "Designated provider" means a person as defined in RCW 69.51A.010.

(b) "Plant" means any marijuana plant in any stage of growth.

(c) "Qualifying patient" means a person as defined in RCW 69.51A.010.

(d) "Useable marijuana" means the dried leaves and flowers of the Cannabis plant family Moraceae. Useable marijuana excludes stems, stalks, seeds and roots.

(3) Presumptive sixty-day supply.

(a) A qualifying patient and a designated provider may possess a total of no more than twenty-four ounces of useable marijuana, and no more than fifteen plants.

(b) Amounts listed in (a) of this subsection are total amounts of marijuana between both a qualifying patient and a designated provider.

(c) The presumption in this section may be overcome with evidence of a qualifying patient's necessary medical use.

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Washington State Code Reviser's Office