5073-S2.E AMH BAIL BLAC 074
E2SSB 5073 - H AMD TO WAYS COMM AMD (H-2509.2/11) 626
By Representative Bailey
FAILED 04/11/2011
On page 1 of the striking amendment, strike all material after line 2 and insert the following:
"PART
I
LEGISLATIVE DECLARATION AND INTENT
NEW SECTION. Sec. 101. (1) The legislature intends to give full effect to the initiative that authorized the use of medical cannabis in a manner that maintains access for patients while protecting the safety of those who grow, distribute and consume cannabis for medical use. While recognizing the limits of federal law, the state intends to establish a controlled system for the production and sale of cannabis for medical use to allow for legitimate uses of medical cannabis and reducing its use for illegal purposes.
(2) The legislature intends to amend and clarify the law on the medical use of cannabis so that:
(a) Qualifying patients and designated providers complying with the terms of this act and registering with the department of health will no longer be subject to arrest or prosecution, other criminal sanctions, or civil consequences based solely on their medical use of cannabis;
(b) Qualifying patients will have access to an adequate, safe, consistent, and secure source of medical quality cannabis; and
(c) Health care professionals may authorize the medical use of cannabis in the manner provided by this act without fear of state criminal or civil sanctions.
(3) This act is not intended to amend or supersede Washington state law prohibiting the acquisition, possession, manufacture, sale, or use of cannabis for nonmedical purposes.
(4) This act is not intended to compromise community safety. State, county, or city correctional agencies or departments shall retain the authority to establish and enforce terms for those on active supervision.
Sec. 102. RCW 69.51A.005 and 2010 c 284 s 1 are each amended to read as follows:
(1) The ((people of Washington state)) legislature
finds that:
(a) There is medical evidence that some patients with terminal or
debilitating ((illnesses)) medical conditions may, under their
health care professional's care, ((may)) benefit from the medical use of
((marijuana)) cannabis. Some of the ((illnesses)) conditions
for which ((marijuana)) cannabis appears to be beneficial include
((chemotherapy- related)), but are not limited to:
(i) Nausea ((and)), vomiting ((in cancer patients;
AIDS wasting syndrome)), and cachexia associated with cancer,
HIV-positive status, AIDS, hepatitis C, anorexia, and their treatments;
(ii) Severe muscle spasms associated with
multiple sclerosis, epilepsy, and other seizure and spasticity
disorders; ((epilepsy;))
(iii) Acute or chronic glaucoma;
(iv) Crohn's disease; and
(v) Some forms of intractable pain.
((The people find that)) (b) Humanitarian
compassion necessitates that the decision to ((authorize the medical))
use ((of marijuana)) cannabis by patients with terminal or
debilitating ((illnesses)) medical conditions is a personal,
individual decision, based upon their health care professional's professional
medical judgment and discretion.
(2) Therefore, the ((people of the state of
Washington)) legislature intends that:
(a) Qualifying patients with terminal or
debilitating ((illnesses)) medical conditions who, in the
judgment of their health care professionals, may benefit from the medical use
of ((marijuana)) cannabis, shall not be ((found guilty of a
crime under state law for their possession and limited use of marijuana)) arrested,
prosecuted, or subject to other criminal sanctions or civil consequences under
state law based solely on their medical use of cannabis, notwithstanding any
other provision of law;
(b) Persons who act as designated providers to
such patients shall also not be ((found guilty of a crime under state law
for)) arrested, prosecuted, or subject to other criminal sanctions or
civil consequences under state law, notwithstanding any other provision of law,
based solely on their assisting with the medical use of ((marijuana))
cannabis; and
(c) Health care professionals shall also
((be excepted from liability and prosecution)) not be arrested,
prosecuted, or subject to other criminal sanctions or civil consequences under
state law for the proper authorization of ((marijuana)) medical
use ((to)) of cannabis by qualifying patients for whom, in the
health care professional's professional judgment, the medical ((marijuana))
use of cannabis may prove beneficial.
(3) Nothing in this chapter establishes the medical
necessity or medical appropriateness of cannabis for treating terminal or
debilitating medical conditions as defined in RCW 69.51A.010.
(4) Nothing in this chapter diminishes the authority of correctional
agencies and departments, including local governments or jails, to establish a
procedure for determining when the use of cannabis would impact community
safety or the effective supervision of those on active supervision for a
criminal conviction, nor does it create the right to any accommodation of any
medical use of cannabis in any correctional facility or jail.
Sec. 103. RCW 69.51A.020 and 1999 c 2 s 3 are each amended to read as follows:
Nothing in this chapter shall be construed to supersede
Washington state law prohibiting the acquisition, possession, manufacture,
sale, or use of ((marijuana)) cannabis for nonmedical purposes. Criminal
penalties created under this act do not preclude the prosecution or punishment
for other crimes, including other crimes involving the manufacture or delivery
of cannabis for nonmedical purposes.
PART
II
DEFINITIONS
Sec. 201. RCW 69.51A.010 and 2010 c 284 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Cannabis" means all parts of the plant
Cannabis, whether growing or not; the seeds thereof; the resin extracted
from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin. For the purposes of
this chapter, "cannabis" does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative, mixture, or preparation of
the mature stalks, except the resinextracted therefrom, fiber, oil, or cake, or
the sterilized seed of the plant which is incapable of germination. The term
"cannabis" includes cannabis products and useable cannabis.
(2) "Cannabis analysis laboratory" means a laboratory that
performs chemical analysis and inspection of cannabis samples.
(3) "Cannabis products" means products that contain cannabis
or cannabis extracts, have a measurable THC concentration greater than
three-tenths of one percent, and are intended for human consumption or
application, including, but not limited to, edible products, tinctures, and
lotions. The term "cannabis products" does not include useable
cannabis. The definition of "cannabis products" as a measurement of
THC concentration only applies to the provisions of this chapter and shall not
be considered applicable to any criminal laws related to marijuana or cannabis.
(4) "Correctional facility" has the same meaning as provided
in RCW 72.09.015.
(5) "Corrections agency or department" means any agency or
department in the state of Washington, including local governments or jails,
that is vested with the responsibility to manage those individuals who are
being supervised in the community for a criminal conviction and has established
a written policy for determining when the medical use of cannabis, including
possession, manufacture, or delivery of, or for possession with intent to
manufacture or deliver, is inconsistent with and contrary to the person's
supervision.
(6) "Designated provider" means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in ((writing)) a
written document signed and dated by a qualifying patient to serve
as a designated provider under this chapter; and
(c) Is ((prohibited from consuming marijuana obtained
for the personal, medical use of the patient for whom the individual is acting
as designated provider; and
(d) Is the designated provider to only one patient at any one time.
(2))) in compliance with the terms and conditions set forth in
RCW 69.51A.040.
A qualifying patient may be the designated provider for another
qualifying patient and be in possession of both patients' cannabis at the same
time.
(7) "Director" means the director of the department of
agriculture.
(8) "Dispense" means the selection, measuring, packaging,
labeling, delivery, or retail sale of cannabis by a licensed dispenser to a
qualifying patient or designated provider.
(9) "Dispensing facility" means the premises and equipment
operated by the department of health where cannabis products are sold at retail
to qualifying patients and designated providers.
(10) "Health care professional," for purposes of this chapter only, means a physician licensed under chapter 18.71 RCW, a physician assistant licensed under chapter 18.71A RCW, an osteopathic physician licensed under chapter 18.57 RCW, an osteopathic physicians' assistant licensed under chapter 18.57A RCW, a naturopath licensed under chapter 18.36A RCW, or an advanced registered nurse practitioner licensed under chapter 18.79 RCW.
(((3))) (11) "Jail" has the same
meaning as provided in RCW 70.48.020.
(12) "Labeling" means all labels and other written, printed,or
graphic matter (a) upon any cannabis intended for medical use, or (b)
accompanying such cannabis.
(13) "Medical use of ((marijuana)) cannabis"
means the manufacture, production, processing, possession, transportation,
delivery, dispensing, ingestion, application, or administration of ((marijuana,
as defined in RCW 69.50.101(q),)) cannabis for the exclusive benefit
of a qualifying patient in the treatment of his or her terminal or debilitating
((illness)) medical condition.
(((4))) (14) "Nonresident" means a
person who is temporarily in the state but is not a Washington state resident.
(15) "Peace officer" means any law enforcement personnel as
defined in RCW 43.101.010.
(16) "Person" means an individual or an entity.
(17) "Personally identifiable information" means any
information that includes, but is not limited to, data that uniquely identify,
distinguish, or trace a person's identity, such as the person's name, date of
birth, or address, either alone or when combined with other sources, that
establish the person is a qualifying patient, designated provider, licensed
producer, or licensed processor of cannabis products for purposes of
registration with the department of health or department of agriculture. The
term "personally identifiable information" also means any information
used by the department of health or department of agriculture to identify a
person as a qualifying patient, designated provider, licensed producer, or
licensed processor of cannabis products.
(18) "Plant" means an organism having at least three
distinguishable and distinct leaves, each leaf being at least three centimeters
in diameter, and a readily observable root formation consisting of at least two
separate and distinct roots, each being at least two centimeters in length.
Multiple stalks emanating from the same root ball or root system shall be
considered part of the same single plant.
(19) "Process" means to handle or process cannabis in
preparation for medical use.
(20) "Processing facility" means the premises and equipment
operated by the department of agriculture where cannabis products are
manufactured, processed, handled, and labeled for wholesale to a dispensing
facility.
(21) "Produce" means to plant, grow, or harvest cannabis for
medical use.
(22) "Production facility" means the premises and equipment
operated by the department of agriculture where cannabis is planted, grown,
harvested, processed, stored, handled, packaged, or labeled by a licensed
producer for wholesale, delivery, or transportation to a dispensing facility or
processing facility, and all vehicles and equipment used to transport cannabis
from a licensed production facility to a dispensing facility or processing
facility.
(23) "Public place" includes streets and alleys of
incorporated cities and towns; state or county or township highways or roads;
buildings and grounds used for school purposes; public dance halls and grounds
adjacent thereto; premises where goods and services are offered to the public
for retail sale; public buildings, public meeting halls, lobbies, halls and
dining rooms of hotels, restaurants, theatres, stores, garages, and filling
stations which are open to and are generally used by the public and to which
the public is permitted to have unrestricted access; railroad trains, stages,
buses, ferries, and other public conveyances of all kinds and character, and the
depots, stops, and waiting rooms used in conjunction therewith which are open
to unrestricted use and access by the public; publicly owned bathing beaches,
parks, or playgrounds; and all other places of like or similar nature to which
the general public has unrestricted right of access, and which are generally
used by the public.
(24) "Qualifying patient" means a person who:
(a)(i) Is a patient of a health care professional;
(((b))) (ii) Has been diagnosed by that
health care professional as having a terminal or debilitating medical
condition;
(((c))) (iii) Is a resident of the state
of Washington at the time of such diagnosis;
(((d))) (iv) Has been advised by that
health care professional about the risks and benefits of the medical use of ((marijuana))
cannabis; ((and
(e))) (v) Has been advised by that health care professional
that ((they)) he or she may benefit from the medical use of ((marijuana))
cannabis; and
(vi) Is otherwise in compliance with the terms and conditions
established in this chapter.
(b) The term "qualifying patient" does not include a person who is actively being supervised for a criminal conviction by a corrections agency or department that has determined that the terms of this chapter are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision.
(((5))) (25) "Secretary" means the
secretary of health.
(26) "Tamper-resistant paper" means paper that meets one
or more of the following industry-recognized features:
(a) One or more features designed to prevent copying of the paper;
(b) One or more features designed to prevent the erasure or modification of information on the paper; or
(c) One or more features designed to prevent the use of counterfeit valid documentation.
(((6))) (27) "Terminal or
debilitating medical condition" means:
(a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or
(b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or
(c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or
(d) Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; or
(e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or
(f) Diseases, including anorexia, which result in
nausea, vomiting, ((wasting)) cachexia, appetite loss, cramping,
seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by
standard treatments or medications; or
(g) Any other medical condition duly approved by the Washington state medical quality assurance commission in consultation with the board of osteopathic medicine and surgery as directed in this chapter.
(((7))) (28) "THC concentration"
means percent of tetrahydrocannabinol content per weight or volume of useable
cannabis or cannabis product.
(29) "Useable cannabis" means dried flowers of the Cannabis
plant having a THC concentration greater than three-tenths of one percent.
Useable cannabis excludes stems, stalks, leaves, seeds, and roots. For
purposes of this subsection, "dried" means containing less than
fifteen percent moisture content by weight. The term "useable
cannabis" does not include cannabis products.
(30)(a) Until January 1, 2013, "valid
documentation" means:
(((a))) (i) A statement signed and dated
by a qualifying patient's health care professional written on tamper-resistant
paper, which states that, in the health care professional's professional
opinion, the patient may benefit from the medical use of ((marijuana)) cannabis;
((and
(b))) (ii) Proof of identity such as a Washington state
driver's license or identicard, as defined in RCW 46.20.035; and
(iii) In the case of a designated provider, the signed and dated
document valid for one year from the date of signature executed by the
qualifying patient who has designated the provider; and
(b) Beginning July 1, 2012, "valid documentation" means:
(i) An original statement signed and dated by a qualifying patient's
health care professional written on tamper-resistant paper and valid for up to
one year from the date of the health care professional's signature, which
states that, in the health care professional's professional opinion, the
patient may benefit from the medical use of cannabis;
(ii) Proof of identity such as a Washington state driver's license or
identicard, as defined in RCW 46.20.035; and
(iii) In the case of a designated provider, the signed and dated
document valid for up to one year from the date of signature executed by the
qualifying patient who has designated the provider.
PART
III
PROTECTIONS FOR HEALTH CARE PROFESSIONALS
Sec. 301. RCW 69.51A.030 and 2010 c 284 s 3 are each amended to read as follows:
((A health care professional shall be excepted from
the state's criminal laws and shall not be penalized in any manner, or denied
any right or privilege, for)) (1) The following acts do not constitute
crimes under state law or unprofessional conduct under chapter 18.130 RCW, and
a health care professional may not be arrested, searched, prosecuted,
disciplined, or subject to other criminal sanctions or civil consequences or
liability under state law, or have real or personal property searched, seized,
or forfeited pursuant to state law, notwithstanding any other provision of law
as long as the health care professional complies with subsection (2) of this
section:
(((1))) (a) Advising a ((qualifying))
patient about the risks and benefits of medical use of ((marijuana)) cannabis
or that the ((qualifying)) patient may benefit from the medical use of
((marijuana where such use is within a professional standard of care or in
the individual health care professional's medical judgment)) cannabis;
or
(((2))) (b) Providing a ((qualifying))
patient meeting the criteria established under RCW 69.51A.010(26) with
valid documentation, based upon the health care professional's assessment of
the ((qualifying)) patient's medical history and current medical
condition, ((that the medical use of marijuana may benefit a particular
qualifying patient)) where such use is within a professional standard of
care or in the individual health care professional's medical judgment.
(2)(a) A health care professional may only provide a
patient with valid documentation authorizing the medical use of cannabis or
register the patient with the registry established in section 901 of this act
if he or she has a documented relationship with the patient relating to the
diagnosis and ongoing treatment or monitoring of the patient's terminal or
debilitating medical condition, and only after:
(i) Completing a physical examination of the patient as appropriate,
based on the patient's condition and age;
(ii) Documenting the terminal or debilitating medical condition of the
patient in the patient's medical record and that the patient may benefit from
treatment of this condition or its symptoms with medical use of cannabis;
(iii) Informing the patient of other options for treating the terminal
or debilitating medical condition; and
(iv) Documenting other measures attempted to treat the terminal
ordebilitating medical condition that do not involve the medical use of
cannabis.
(b) A health care professional shall not:
(i) Accept, solicit, or offer any form of pecuniary remuneration from or
to a licensed dispenser, licensed producer, or licensed processor of cannabis
products;
(ii) Offer a discount or any other thing of value to a qualifying
patient who is a customer of, or agrees to be a customer of, a particular
licensed dispenser, licensed producer, or licensed processor of cannabis
products;
(iii) Examine or offer to examine a patient for purposes of diagnosing a
terminal or debilitating medical condition at a location where cannabis is
produced, processed, or dispensed;
(iv) Have a business or practice which consists solely of authorizing
the medical use of cannabis;
(v) Include any statement or reference, visual or otherwise, on the medical
use of cannabis in any advertisement for his or her business or practice; or
(vi) Hold an economic interest in an enterprise that produces,
processes, or dispenses cannabis if the health care professional authorizes the
medical use of cannabis.
(3) A violation of any provision of subsection (2) of this section
constitutes unprofessional conduct under chapter 18.130 RCW.
PART
IV
PROTECTIONS FOR QUALIFYING PATIENTS AND DESIGNATED PROVIDERS
Sec. 401. RCW 69.51A.040 and 2007 c 371 s 5 are each amended to read as follows:
(((1) If a law enforcement officer determines that
marijuana is being possessed lawfully under the medical marijuana law, the
officer may document the amount of marijuana, take a representative sample that
is large enough to test, but not seize the marijuana. A law enforcement
officer or agency shall not be held civilly liable for failure to seize
marijuana in this circumstance.
(2) If charged with a violation of state law relating to marijuana, any
qualifying patient who is engaged in the medical use of marijuana, or any
designated provider who assists a qualifying patient in the medical use of
marijuana, will be deemed to have established an affirmative defense to such
charges by proof of his or her compliance with the requirements provided in
this chapter. Any person meeting the requirements appropriate to his or her
status under this chapter shall be considered to have engaged in activities
permitted by this chapter and shall not be penalized in any manner, or denied
any right or privilege, for such actions.
(3) A qualifying patient, if eighteen years of age or older, or a
designated provider shall:
(a) Meet all criteria for status as a qualifying patient or designated
provider;
(b) Possess no more marijuana than is necessary for the patient's
personal, medical use, not exceeding the amount necessary for a sixty- day
supply; and
(c) Present his or her valid documentation to any law enforcement
official who questions the patient or provider regarding his or her medical use
of marijuana.
(4) A qualifying patient, if under eighteen years of age at the time he
or she is alleged to have committed the offense, shall demonstrate compliance
with subsection (3)(a) and (c) of this section. However, any possession under
subsection (3)(b) of this section, as well as any production, acquisition, and
decision as to dosage and frequency of use, shall be the responsibility of the
parent or legal guardian of the qualifying patient.)) The medical use of
cannabis in accordance with the terms and conditions of this chapter does not
constitute a crime and a qualifying patient or designated provider in
compliance with the terms and conditions of this chapter may not be arrested,
searched, prosecuted, or subject to other criminal sanctions or civil
consequences for possession, manufacture, or delivery of, or for possession
with intent to manufacture or deliver, cannabis under state law, or have real
or personal property searched, seized, or forfeited for possession, manufacture,
or delivery of, or for possession with intent to manufacture or deliver,
cannabis under state law, and investigating peace officers and law enforcement
agencies maynot be held civilly liable for failure to seize cannabis in this
circumstance, if:
(1)(a) The qualifying patient or designated provider possesses no more
than fifteen cannabis plants and:
(i) No more than twenty-four ounces of useable cannabis;
(ii) No more cannabis product than what could reasonably be produced
with no more than twenty-four ounces of useable cannabis; or
(iii) A combination of useable cannabis and cannabis product that does
not exceed a combined total representing possession and processing of no more
than twenty-four ounces of useable cannabis.
(b) If a person is both a qualifying patient and a designated provider
for another qualifying patient, the person may possess no more than twice the
amounts described in (a) of this subsection, whether the plants, useable
cannabis, and cannabis product are possessed individually or in combination
between the qualifying patient and his or her designated provider;
(2) The qualifying patient or designated provider presents his or her
proof of registration with the department of health, to any peace officer who
questions the patient or provider regarding his or her medical use of cannabis;
(3) The qualifying patient or designated provider keeps a copy of his or
her proof of registration with the registry established in section 901 of this
act and the qualifying patient or designated provider's contact information
posted prominently next to any cannabis plants, cannabis products, or useable
cannabis located at his or her residence;
(4) The investigating peace officer does not possess evidence that the
designated provider has converted cannabis produced or obtained for the
qualifying patient for his or her own personal use or benefit; and
(5) The investigating peace officer does not possess evidence that the
designated provider has served as a designated provider to more than one
qualifying patient within a fifteen-day period.
NEW SECTION. Sec. 402. (1) A qualifying patient or designated provider who is not registered with the registry established in section 901 of this act may not be taken into custody or booked into jail on the grounds of his or her medical use of cannabis prior to conviction, and may raise the affirmative defense set forth in subsection (2) of this section, if:
(a) The qualifying patient or designated provider presents his or her valid documentation to any peace officer who questions the patient or provider regarding his or her medical use of cannabis;
(b) The qualifying patient or designated provider possesses no more cannabis than the limits set forth in RCW 69.51A.040(1);
(c) The qualifying patient or designated provider is in compliance with all other terms and conditions of this chapter;
(d) The investigating peace officer does not have probable cause to believe that the qualifying patient or designated provider has committed a felony, or is committing a misdemeanor in the officer's presence, that does not relate to the medical use of cannabis; and
(e) No outstanding warrant for arrest exists for the qualifying patient or designated provider.
(2) A qualifying patient or designated provider who is not registered with the registry established in section 901 of this act, but who presents his or her valid documentation to any peace officer who questions the patient or provider regarding his or her medical use of cannabis, may assert an affirmative defense to charges of violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence, that he or she otherwise meets the requirements of RCW 69.51A.040. A qualifying patient or designated provider meeting the conditions of this subsection but possessing more cannabis than the limits set forth in RCW 69.51A.040(1) may, in the investigating peace officer's discretion, be taken into custody and booked into jail in connection with the investigation of the incident.
NEW SECTION. Sec. 403. (1) A qualifying patient may revoke his or her designation of a specific provider and designate a different provider at any time. A revocation of designation must be in writing, signed and dated. The protections of this chapter cease to apply to a person who has served as a designated provider to a qualifying patient seventy-two hours after receipt of that patient's revocation of his or her designation.
(2) A person may stop serving as a designated provider to a given qualifying patient at any time. However, that person may not begin serving as a designated provider to a different qualifying patient until fifteen days have elapsed from the date the last qualifying patient designated him or her to serve as a provider.
NEW SECTION. Sec. 404. A qualifying patient or designated provider in possession of cannabis plants, useable cannabis, or cannabis product exceeding the limits set forth in RCW 69.51A.040(1) but otherwise in compliance with all other terms and conditions of this chapter may establish an affirmative defense to charges of violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence, that the qualifying patient's necessary medical use exceeds the amounts set forth in RCW 69.51A.040(1). An investigating peace officer may seize cannabis plants, useable cannabis, or cannabis product exceeding the amounts set forth in RCW 69.51A.040(1): PROVIDED, That in the case of cannabis plants, the qualifying patient or designated provider shall be allowed to select the plants that will remain at the location. The officer and his or her law enforcement agency may not be held civilly liable for failure to seize cannabis in this circumstance.
NEW SECTION. Sec. 405. A qualifying patient or designated provider who is not registered with the registry established in section 901 of this act or does not present his or her valid documentation to a peace officer who questions the patient or provider regarding his or her medical use of cannabis but is in compliance with all other terms and conditions of this chapter may establish an affirmative defense to charges of violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence, that he or she was a validly authorized qualifying patient or designated provider at the time of the officer's questioning. A qualifying patient or designated provider who establishes an affirmative defense under the terms of this section may also establish an affirmative defense under section 405 of this act.
NEW SECTION. Sec. 406. A nonresident who is duly authorized to engage in the medical use of cannabis under the laws of another state or territory of the United States may raise an affirmative defense to charges of violations of Washington state law relating to cannabis, provided that the nonresident:
(1) Possesses no more than fifteen cannabis plants and no more than twenty-four ounces of useable cannabis, no more cannabis product than reasonably could be produced with no more than twenty-four ounces of useable cannabis, or a combination of useable cannabis and cannabis product that does not exceed a combined total representing possession and processing of no more than twenty-four ounces of useable cannabis;
(2) Is in compliance with all provisions of this chapter other than requirements relating to being a Washington resident or possessing valid documentation issued by a licensed health care professional in Washington; and
(3) Presents the documentation of authorization required under the nonresident's authorizing state or territory's law and proof of identity issued by the authorizing state or territory to any peace officer who questions the nonresident regarding his or her medical use of cannabis.
NEW SECTION. Sec. 407. A qualifying patient's medical use of cannabis as authorized by a health care professional may not be a sole disqualifying factor in determining the patient's suitability for an organ transplant, unless it is shown that this use poses a significant risk of rejection or organ failure. This section does not preclude a health care professional from requiring that a patient abstain from the medical use of cannabis, for a period of time determined by the health care professional, while waiting for a transplant organ or before the patient undergoes an organ transplant.
NEW SECTION. Sec. 408. A qualifying patient or designated provider may not have his or her parental rights or residential time with a child restricted solely due to his or her medical use of cannabis in compliance with the terms of this chapter absent written findings supported by evidence that such use has resulted in a long- term impairment that interferes with the performance of parenting functions as defined under RCW 26.09.004.
NEW SECTION. Sec. 409. (1) Except as provided in subsection (2) of this section, a qualifying patient may not be refused housing or evicted from housing solely as a result of his or her possession or use of useable cannabis or cannabis products except that housing providers otherwise permitted to enact and enforce prohibitions against smoking in their housing may apply those prohibitions to smoking cannabis provided that such smoking prohibitions are applied and enforced equally as to the smoking of cannabis and the smoking of all other substances, including without limitation tobacco.
(2) Housing programs containing a program component prohibiting the use of drugs or alcohol among its residents are not required to permit the medical use of cannabis among those residents.
NEW SECTION. Sec. 410. In imposing any criminal sentence, deferred prosecution, stipulated order of continuance, deferred disposition, or dispositional order, any court organized under the laws of Washington state may permit the medical use of cannabis in compliance with the terms of this chapter and exclude it as a possible ground for finding that the offender has violated the conditions or requirements of the sentence, deferred prosecution, stipulated order of continuance, deferred disposition, or dispositional order. This section does not require the accommodation of any medical use of cannabis in any correctional facility or jail.
Sec. 411. RCW 69.51A.050 and 1999 c 2 s 7 are each amended to read as follows:
(1) The lawful possession, delivery, dispensing,
production, or manufacture of ((medical marijuana)) cannabis for
medical use as authorized by this chapter shall not result in the
forfeiture or seizure of any real or personal property including, but
not limited to, cannabis intended for medical use, items used to facilitate the
medical use of cannabis or its production or dispensing for medical use, or
proceeds of sales of cannabis for medical use made by production facilities,
processing facilities, and dispensing facilities.
(2) No person shall be prosecuted for constructive
possession, conspiracy, or any other criminal offense solely for being in the
presence or vicinity of ((medical marijuana)) cannabis intended for
medical use or its use as authorized by this chapter.
(3) The state shall not be held liable for any
deleterious outcomes from the medical use of ((marijuana)) cannabis
by any qualifying patient.
PART
V
LIMITATIONS ON PROTECTIONS FOR QUALIFYING
PATIENTS AND DESIGNATED PROVIDERS
Sec. 501. RCW 69.51A.060 and 2010 c 284 s 4 are each amended to read as follows:
(1) ((It shall be a misdemeanor to use or display
medical marijuana in a manner or place which is open to the view of the general
public.)) It is unlawful to open a package containing cannabis or
consume cannabis in a public place in a manner that presents a reasonably
foreseeable risk that another person would see and be able to identify the
substance contained in the package or being consumed as cannabis. A person who
violates a provision of this section commits a class 3 civil infraction under
chapter 7.80 RCW. This subsection does not apply to licensed dispensers or
their employees, members, officers, or directors displaying cannabis to
customers on their licensed premises as long as such displays are not visible
to members of the public standing or passing outside the premises.
(2) Nothing in this chapter ((requires any health
insurance provider)) establishes a right of care as a covered benefit or
requires any state purchased health care as defined in RCW 41.05.011 or other
health carrier or health plan as defined in Title 48 RCW to be liable for
any claim for reimbursement for the medical use of ((marijuana)) cannabis.
Such entities may enact coverage or noncoverage criteria or related policies
for payment or nonpayment of medical cannabis in their sole discretion.
(3) Nothing in this chapter requires any health care
professional to authorize the medical use of ((medical marijuana))
cannabis for a patient.
(4) Nothing in this chapter requires any accommodation
of any on- site medical use of ((marijuana)) cannabis in any
place of employment, in any school bus or on any school grounds, in any youth
center, in any correctional facility, or smoking ((medical marijuana)) cannabis
in any public place ((as that term is defined in RCW 70.160.020)).
(5) Nothing in this chapter authorizes the use of
medical cannabis by any person who is subject to the Washington code of
military justice in chapter 38.38 RCW.
(6) Employers may establish drug-free work policies. Nothing in this
chapter requires an accommodation for the medical use of cannabis if an
employer has a drug-free work place.
(7) It is a class C felony to fraudulently produce any record
purporting to be, or tamper with the content of any record for the purpose of
having it accepted as, valid documentation under RCW 69.51A.010(((7))) (32)(a),
or to backdate such documentation to a time earlier than its actual date of
execution.
(((6))) (8) No person shall be entitled to
claim the ((affirmative defense provided in RCW 69.51A.040)) protection
from search, arrest, and prosecution under RCW 69.51A.040 or protection from
search and arrest and the affirmative defense under section 402 of this act
for engaging in the medical use of ((marijuana)) cannabis in a
way that endangers the health or well-being of any person through the use of a
motorized vehicle on a street, road, or highway, including violations of RCW
46.61.502 or 46.61.504, or equivalent local ordinances.
PART
VI
CANNABIS PRODUCTION FACILITIES AND CANNABIS PRODUCT PROCESSING FACILITIES
NEW SECTION. Sec. 601. The department of agriculture shall establish a program for producing and processing cannabis for medical use.
(2) The department of agriculture shall operate production facilities and processing facilities in compliance with the terms of this chapter and rules adopted to enforce and carry out its purposes.
(3) The department of agriculture and its employees may conduct those activities necessary to produce cannabis for medical use, including, manufacturing, planting, cultivating, growing, harvesting, producing, preparing, propagating, processing, packaging, repackaging, transporting, transferring, delivering, labeling, relabeling, wholesaling, or possessing cannabis intended for medical use by qualifying patients, including seeds, seedlings, cuttings, plants, and useable cannabis, and may not be arrested, searched, prosecuted, or subject to other criminal sanctions or civil consequences under state law, or have real or personal property searched, seized, or forfeited pursuant to state law, for such activities, notwithstanding any other provision of law.
(4) The department of agriculture and its employees may conduct those activities necessary to process cannabis for medical use including possessing useable cannabis and manufacture, producing, preparing, processing, packaging, repackaging, transporting, transferring, delivering, labeling, relabeling, wholesaling, or possessing cannabis products intended for medical use by qualifying patients, and may not be arrested, searched, prosecuted, or subject to other criminal sanctions or civil consequences under state law, or have real or personal property searched, seized, or forfeited pursuant to state law, for such activities, notwithstanding any other provision of law.
NEW SECTION. Sec. 602. The director shall:
(1) Administer and carry out the provisions of this chapter relating to producing cannabis and processing cannabis products, and rules adopted under this chapter;
(2) Employ such professional, technical, security, secretarial, clerical, and other assistants as may be necessary to effectively administer this chapter;
(3) Enter into agreements with the commissioner of public lands to designate state-owned property appropriate for the production and processing of cannabis for medical use and to lease those properties and locate production facilities and processing facilities on those sites. If the director determines that there is not adequate state-owned property, he or she may acquire property and facilities necessary to produce and process adequate quantities of cannabis for medical use to the needs of qualifying patients in Washington; and
(5) Enter into agreements with the department of health to deliver cannabis for medical use to department of health operated dispensing facilities and to receive reimbursement from the department of health for costs associated with the administration of cannabis production and processing programs under this chapter.
NEW SECTION. Sec. 603. (1) On a schedule determined by the department of agriculture, representative samples of cannabis produced or processed shall be submitted to a cannabis analysis laboratory for grade, condition, cannabinoid profile, THC concentration, other qualitative measurements of cannabis intended for medical use, and other inspection standards determined by the department of agriculture. Any samples remaining after testing must be destroyed by the laboratory or returned to department of agriculture.
(2) The cannabis analysis laboratory must submit copies of the results of this inspection and testing to the department of agriculture on a form developed by the department.
(3) If a representative sample of cannabis tested under this section has a THC concentration of three-tenths of one percent or less, the lot of cannabis the sample was taken from may not be sold for medical use and must be destroyed or sold to a manufacturer of hemp products.
(4) The department of agriculture may contract with a cannabis analysis laboratory to conduct independent inspection and testing of cannabis samples to verify testing results provided under this section.
NEW SECTION. Sec. 604. The director may adopt rules on:
(1) Facility standards, including scales, for all production facilities and processing facilities;
(2) Measurements for cannabis intended for medical use, including grade, condition, cannabinoid profile, THC concentration, other qualitative measurements, and other inspection standards for cannabis intended for medical use; and
(3) Methods to identify cannabis intended for medical use so that such cannabis may be readily identified if stolen or removed in violation of the provisions of this chapter from a production facility or processing facility, or if otherwise unlawfully transported.
NEW SECTION. Sec. 605. (1) By January 1, 2013, taking into consideration, but not being limited by, the security requirements described in 21 C.F.R. Sec. 1301.71-1301.76, the director shall adopt rules:
(a) On the inspection or grading and certification of grade, grading factors, condition, cannabinoid profile, THC concentration, or other qualitative measurement of cannabis intended for medical use that must be used by cannabis analysis laboratories in section 603 of this act;
(b) Fixing the sizes, dimensions, and safety and security features required of containers to be used for packing, handling, or storing cannabis intended for medical use;
(c) Establishing labeling requirements for cannabis intended for medical use including, but not limited to:
(i) The identification of the production facility that produced the cannabis;
(ii) THC concentration; and
(iii) Information on whether the cannabis was grown using organic, inorganic, or synthetic fertilizers;
(d) Establishing requirements for transportation of cannabis intended for medical use from production facilities to processing facilities and dispensing facilities;
(e) Establishing security requirements for production facilities and processing facilities. These security requirements must consider the safety of the employees as well as the safety of the community surrounding production facilities and processing facilities;
(2) During the rule-making process, the department of agriculture shall consult with stakeholders and persons with relevant expertise, to include but not be limited to qualifying patients, designated providers, health care professionals, state and local law enforcement agencies, and the department of health.
NEW SECTION. Sec. 606. (1) The director shall maintain complete records at all times with respect to all cannabis produced, processed, weighed, tested, stored, shipped, or sold at each production facility or processing facility. The director shall adopt rules specifying the minimum recordkeeping requirements necessary to comply with this section.
(2) The property, books, records, accounts, papers, and proceedings of every production facility and processing facility shall be subject to inspection by the state auditor's office at any time during ordinary business hours. Production facilities and processing facilities shall maintain adequate records and systems for the filing and accounting of crop production, product manufacturing and processing, records of weights and measurements, product testing, receipts, canceled receipts, other documents, and transactions necessary or common to the medical cannabis industry.
(3) The director shall report information to the state auditor's office at such times and as may be reasonably required by the state auditor for the necessary operation of a sound, reasonable, and efficient cannabis production and processing program for the protection of the health and welfare of qualifying patients and the preservation and accountability of the program as a system only to be accessed by patients.
(4) The state auditor may request that the director:
(a) Submit his or her books, papers, or property to lawful inspection or audit;
(b) Submit required laboratory results, reports, or documents; or
(c) Furnish the state auditor's office with requested information.
NEW SECTION. Sec. 607. (1) Production facilities and processing facilities may not sell or deliver cannabis to any person other than a cannabis analysis laboratory, production facility, processing facility, dispensing facility, or law enforcement officer except as provided by court order.
PART
VII
CANNABIS DISPENSING FACILITIES
NEW SECTION. Sec. 701. (1) The department of health shall establish a program for dispensing cannabis medical use.
(2) The department of health shall operate dispensing facilities in compliance with the terms of this chapter and rules adopted to enforce and carry out its purposes.
(3) The department of health and its employees may conduct those activities necessary to dispense cannabis for medical use, including delivering, distributing, dispensing, transferring, preparing, packaging, repackaging, labeling, relabeling, selling at retail, or possessing cannabis intended for medical use by qualifying patients, including seeds, seedlings, cuttings, plants, useable cannabis, and cannabis products, and may not be arrested, searched, prosecuted, or subject to other criminal sanctions or civil consequences under state law, or have real or personal property searched, seized, or forfeited pursuant to state law, for such activities, notwithstanding any other provision of law.
NEW SECTION. Sec. 702. The secretary shall:
(1) Administer and carry out the provisions of this chapter relating to dispensing cannabis and cannabis products, and rules adopted under this chapter;
(2) Employ such professional, technical, security, secretarial, clerical, and other assistants as may be necessary to effectively administer this chapter;
(3) Acquire property and facilities necessary to
dispense adequate quantities of cannabis for medical use to the needs of
qualifying patients in Washington. The secretary may enter into agreements
with other agencies that maintain publicly-operated properties to locate
dispensing facilities;
(4) Enter into agreements with the department of agriculture to receive
supplies of cannabis for medical use for sale at department of health operated
facilities and to reimburse the department of agriculture for its costs
associated with administering its cannabis production and processing program
under this chapter; and
(5) Establish prices for cannabis and cannabis products for sale to qualifying patients and designated providers at a sufficient level to defray the costs of the department of health and the department of agriculture for administering the programs established in this chapter.
NEW SECTION. Sec. 703. (1) By January 1, 2013, taking into consideration the security requirements described in 21 C.F.R. 1301.71- 1301.76, the secretary of health shall adopt rules:
(a) Establishing requirements for the dispensing facilities, setting forth standards for the number and siting determinations;
(b) Establishing recordkeeping requirements for dispensing facilities;
(c) Fixing the sizes and dimensions of containers to be used for dispensing cannabis for medical use;
(d) Establishing safety standards for containers to be used for dispensing cannabis for medical use;
(e) Establishing cannabis storage requirements, including security requirements;
(f) Establishing cannabis labeling requirements, to include information on whether the cannabis was grown using organic, inorganic, or synthetic fertilizers;
(g) Establishing physical standards for cannabis dispensing facilities;
(h) Establishing maximum amounts of cannabis and cannabis products that may be kept at one time at a dispensing facility. In determining maximum amounts, the secretary must consider the security of the dispensing facility and the surrounding community;
(i) Establishing physical standards for sanitary conditions for dispensing facilities;
(j) Establishing physical and sanitation standards for cannabis dispensing equipment; and
(k) Enforcing and carrying out the provisions of this section and the rules adopted to carry out its purposes.
(2) During the rule-making process, the department of health shall consult with stakeholders and persons with relevant expertise, to include but not be limited to qualifying patients, designated providers, health care professionals, state and local law enforcement agencies, and the department of agriculture.
NEW SECTION. Sec. 704. A dispensing facility may not sell cannabis received from any person other than a production facility or processing facility operated by the department of agriculture, or sell or deliver cannabis to any person other than a qualifying patient, designated provider, or law enforcement officer except as provided by court order. Before selling or providing cannabis to a qualifying patient or designated provider, dispensing facility must confirm that the patient qualifies for the medical use of cannabis by contacting that patient's health care professional.
NEW SECTION. Sec. 705. The secretary shall authorize orders for cannabis for medical use from the department of agriculture.
NEW SECTION. Sec. 706. (1) The secretary shall maintain complete records at all times with respect to all cannabis dispensed, received, or sold at each dispensing facility. The secretary shall adopt rules specifying the minimum recordkeeping requirements necessary to comply with this section.
(2) The property, books, records, accounts, papers, and proceedings of every dispensing facility shall be subject to inspection by the state auditor's office at any time during ordinary business hours. Dispensing facilities shall maintain adequate records and systems for the filing and accounting of cannabis and cannabis product stock, records of weights and measurements, product testing, receipts, canceled receipts, other documents, and transactions necessary or common to the medical cannabis industry.
(3) The secretary shall report information to the state auditor's office at such times and as may be reasonably required by the state auditor for the necessary operation of a sound, reasonable, and efficient cannabis dispensing program for the protection of the health and welfare of qualifying patients and the preservation and accountability of the program as a system only to be accessed by patients.
(4) The state auditor may request that the secretary:
(a) Submit his or her books, papers, or property to lawful inspection or audit;
(b) Submit required laboratory results, reports, or documents; or
(c) Furnish the state auditor's office with requested information.
NEW SECTION. Sec. 707. The local public health and safety account is created in the state treasury. All receipts from the sales taxes raised at dispensing facilities from the sale of cannabis or cannabis products for medical use must be deposited into the account. Moneys in the account may only be spent after appropriation. Expenditures from the account may be used only for local public health and public safety activities. Each month the state treasurer shall distribute fifty percent of all amounts raised to local health jurisdictions for public health purposes in proportion to the number of residents in the jurisdiction as a part of the state population as a whole and fifty percent of all amounts raised to counties for law enforcement purposes in proportion to the number of residents in the county as a part of the state population as a whole.
PART
VIII
PROVISIONS APPLICABLE TO ALL PRODUCTION FACILITIES, PROCESSING
FACILITIES, AND DISPENSING FACILITIES
NEW SECTION. Sec. 801. All weighing and measuring instruments and devices used by production facilities, processing facilities, and dispensing facilities shall comply with the requirements set forth in chapter 19.94 RCW.
NEW SECTION. Sec. 802. All cannabis for medical use shall be produced and processed by the department of agriculture and dispensed by the department of health. Qualifying patients and designated providers may not obtain cannabis for medical use from a source other than a dispensing facility established pursuant to this chapter. Qualifying patients and designated providers must maintain the receipts of all purchases of cannabis for medical use for a two year period.
NEW SECTION. Sec. 803. (1) Neither the department of agriculture nor the department of health may advertise cannabis for sale to the general public in any manner that promotes or tends to promote the use or abuse of cannabis. For the purposes of this subsection, displaying cannabis, including artistic depictions of cannabis, is considered to promote or to tend to promote the use or abuse of cannabis.
(2) No broadcast television licensee, radio broadcast licensee, newspaper, magazine, advertising agency, or agency or medium for the dissemination of an advertisement, except the licensed producer, processor of cannabis products, or dispenser to which the advertisement relates, is subject to the penalties of this section by reason of dissemination of advertising in good faith without knowledge that the advertising promotes or tends to promote the use or abuse of cannabis.
PART
IX
SECURE REGISTRATION OF QUALIFYING PATIENTS AND DESIGNATED PROVIDERS
NEW SECTION. Sec. 901. (1) By January 1, 2013, the department of health shall, in consultation with the department of agriculture, adopt rules for the creation, implementation, maintenance, and timely upgrading of a secure and confidential registration system that allows a peace officer to verify at any time whether a health care professional has registered a person who has been contacted by that peace officer and has provided that peace officer information necessary to verify his or her registration as either a qualifying patient or a designated provider.
(2) Before seeking a search warrant or arrest warrant, a peace officer investigating a cannabis-related incident must make reasonable efforts to ascertain whether the location or person under investigation is registered in the registration system, and include the results of this inquiry in the affidavit submitted in support of the application for the warrant. This requirement does not apply to investigations in which the peace officer has observed evidence of any of the following circumstances:
(a) An apparent for profit operation that is not a licensed producer, processor of cannabis products, or dispenser;
(b) Theft of electrical power;
(c) Other illegal drugs at the premises;
(d) Frequent and numerous short-term visits over an extended period that are consistent with commercial activity, if the subject of the investigation is not a licensed dispenser;
(e) Violent crime or other demonstrated dangers to the community;
(f) Probable cause to believe the subject of the investigation has committed a felony, or a misdemeanor in the officer's presence, that does not relate to cannabis; or
(g) An outstanding arrest warrant for the subject of the investigation.
(3) Law enforcement may access the registration system only in connection with a specific, legitimate criminal investigation regarding cannabis.
(4) Registration in the system shall be optional for qualifying patients and designated providers, not mandatory, and registrations are valid for one year, except that qualifying patients must be able to remove themselves from the registry at any time. The department of health must adopt rules providing for registration renewals.
(5) Fees, including renewal fees, for qualifying patients and designated providers participating in the registration system shall be limited to the cost to the state of implementing, maintaining, and enforcing the provisions of this section and the rules adopted to carry out its purposes. The fee shall also include any costs for the department of health to disseminate information to employees of state and local law enforcement agencies relating to the dissemination of log records regarding such requests for information to the subjects of those requests. No fee may be charged to local law enforcement agencies for accessing the registry.
(6) During the rule-making process, the department of health shall consult with stakeholders and persons with relevant expertise, to include, but not be limited to, qualifying patients, designated providers, health care professionals, state and local law enforcement agencies, and the University of Washington computer science and engineering security and privacy research lab.
(7) The registration system shall meet the following requirements:
(a) Any personally identifiable information included in the registration system must be "nonreversible," pursuant to definitions and standards set forth by the national institute of standards and technology;
(b) Any personally identifiable information included in the registration system must not be susceptible to linkage by use of data external to the registration system;
(c) The registration system must incorporate current best differential privacy practices, allowing for maximum accuracy of registration system queries while minimizing the chances of identifying the personally identifiable information included therein; and
(d) The registration system must be upgradable and updated in a timely fashion to keep current with state of the art privacy and security standards and practices.
(8) The registration system shall maintain a log of each verification query submitted by a peace officer, including the peace officer's name, agency, and identification number, for a period of no less than three years from the date of the query. Personally identifiable information of qualifying patients and designated providers included in the log shall be confidential and exempt from public disclosure, inspection, or copying under chapter 42.56 RCW: PROVIDED, That:
(a) Names and other personally identifiable information from the list may be released only to:
(i) Authorized employees of the department of agriculture and the department of health as necessary to perform official duties of either department; or
(ii) Authorized employees of state or local law enforcement agencies, only as necessary to verify that the person or location is a qualifying patient or designated provider and only after the inquiring employee has provided adequate identification. Authorized employees who obtain personally identifiable information under this subsection may not release or use the information for any purpose other than verification that a person or location is a qualifying patient or designated provider;
(b) Information contained in the registration system may be released in aggregate form, with all personally identifying information redacted, for the purpose of statistical analysis and oversight of agency performance and actions;
(c) The subject of a registration query may appear during ordinary department of health business hours and inspect or copy log records relating to him or her upon adequate proof of identity; and
(d) The subject of a registration query may submit a written request to the department of health, along with adequate proof of identity, for copies of log records relating to him or her.
(9) This section does not prohibit a department of agriculture employee or a department of health employee from contacting state or local law enforcement for assistance during an emergency or while performing his or her duties under this chapter.
(10) Fees collected under this section must be deposited into the health professions account under RCW 43.70.320.
PART
X
EVALUATION
NEW SECTION. Sec. 1001. (1) By July 1, 2014, the Washington state institute for public policy shall, within available funds, conduct a cost-benefit evaluation of the implementation of this act and the rules adopted to carry out its purposes.
(2) The evaluation of the implementation of this act and the rules adopted to carry out its purposes shall include, but not necessarily be limited to, consideration of the following factors:
(a) Qualifying patients' access to an adequate source of cannabis for medical use;
(b) Qualifying patients' access to a safe source of cannabis for medical use;
(c) Qualifying patients' access to a consistent source of cannabis for medical use;
(d) Qualifying patients' access to a secure source of cannabis for medical use;
(e) Qualifying patients' and designated providers' contact with law enforcement and involvement in the criminal justice system;
(f) Diversion of cannabis intended for medical use to nonmedical uses;
(g) Incidents of home invasion burglaries, robberies, and other violent and property crimes associated with qualifying patients accessing cannabis for medical use;
(h) Whether there are health care professionals who make a disproportionately high amount of authorizations in comparison to the health care professional community at large;
(i) Whether there are indications of health care professionals in violation of RCW 69.51A.030; and
(j) Whether the health care professionals making authorizations reside in this state or out of this state.
(3) For purposes of facilitating this evaluation, the departments of health and agriculture will make available to the Washington state institute for public policy requested data, and any other data either department may consider relevant, from which all personally identifiable information has been redacted.
NEW SECTION. Sec. 1002. A new section is added to chapter 28B.20 RCW to read as follows:
The University of Washington and Washington State University may conduct scientific research on the efficacy and safety of administering cannabis as part of medical treatment. As part of this research, the University of Washington and Washington State University may develop and conduct studies to ascertain the general medical safety and efficacy of cannabis and may develop medical guidelines for the appropriate administration and use of cannabis.
PART
XI
CONSTRUCTION
NEW SECTION. Sec. 1101. (1) No civil or criminal liability may be imposed by any court on the state or its officers and employees for actions taken in good faith under this chapter and within the scope of their assigned duties.
(2) No civil or criminal liability may be imposed by any court on cities, towns, and counties or other municipalities and their officers and employees for actions taken in good faith under this chapter and within the scope of their assigned duties.
NEW SECTION. Sec. 1102. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
NEW SECTION. Sec. 1103. (1) The search, arrest, and prosecution protections and affirmative defenses established in sections 405, 406, and 407 of this act may not be asserted in a supervision revocation or violation hearing by a person who is supervised by a corrections agency or department that has determined that the terms of this section are inconsistent with and contrary to his or her supervision.
(2) The provisions of RCW 69.51A.040 and sections 403 and 413 of this act do not apply to a person who is supervised for a criminal conviction by a corrections agency or department that has determined that the terms of this chapter are inconsistent with and contrary to his or her supervision.
(3) A person may not be licensed as a licensed producer, licensed processor of cannabis products, or a licensed dispenser under section 601, 602, or 701 of this act if he or she is supervised for a criminal conviction by a corrections agency or department that has determined that licensure is inconsistent with and contrary to his or her supervision.
Sec. 1104. RCW 69.51A.900 and 1999 c 2 s 1 are each amended to read as follows:
This chapter may be known and cited as the Washington
state medical use of ((marijuana)) cannabis act.
PART
XII
MISCELLANEOUS
NEW SECTION. Sec. 1201. RCW 69.51A.080 (Adoption of rules by the department of health‑-Sixty-day supply for qualifying patients) and 2007 c 371 s 8 are each repealed.
NEW SECTION. Sec. 1202. Sections 402 through 411, 413, 601 through 607, 701 through 706, 801 through 803, 901, 1001, and 1101 through 1104 of this act are each added to chapter 69.51A RCW.
NEW SECTION. Sec. 1203. Section 1002 of this act takes effect January 1, 2013.
Correct the title."
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EFFECT: Removes all authority for the Department of Health (DOH) and the Department of Agriculture (DOA) to license producers, processors, and dispensers of cannabis for medical use. Removes the authority for qualifying patients and designated providers to establish collective gardens and to produce cannabis for medical use privately.
Authorizes DOH and DOA to produce, process, and dispense all cannabis for medical use in Washington. Requires all purchases of cannabis for medical use to be conducted through the DOH operated dispensing facilities. Directs DOH to establish prices for cannabis for medical use for sale at dispensing facilities at a price that is sufficient to defray the costs to DOH and DOA for administering their production, processing, and dispensing facilities. Directs DOH and DOA to coordinate the delivery and receipt of supplies of cannabis for medical use and the reimbursement for costs associated for program operations. Authorizes DOH to acquire property and facilities to dispense cannabis for medical use, including agreements with other public agencies for locating dispensing facilities on their properties. Authorizes DOA to enter into agreements with the Commissioner of Public Lands to designate state-owned property for the production and processing of cannabis for medical use and to lease those lands. Authorizes the purchase of private property and facilities if there are inadequate state-owned properties. Requires the State Auditor's Office to audit and inspect the records of DOH and DOA relating to the production facilities, processing facilities, and dispensing facilities that they operate.
Requires qualifying patients and designated providers to maintain receipts of purchases of cannabis for medical use for at least two years.
States the Legislature's intent to maintain access to medical cannabis for patients while protecting those who grow, distribute, and consume medical cannabis by establishing a controlled system for conducting these activities.
Establishes the Local Public Health and Safety Account which consists of receipts from taxes raised at dispensing facilities. Distributes, based on population, half of the funds to local health jurisdictions for public health purposes and the other half of the funds to counties for law enforcement purposes.
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