2198-S2 AMH CARL H4284.4

2SHB 2198  - H AMD797
     By Representative Carlyle

     On page 2, beginning on line 5, after "patients" strike all material through "exemption" on line 21 and insert "and designated providers with a retail sales and use tax exemption on purchases of marijuana for medical use when authorized by a health care professional, subject to the requirements of this act.
     (2)(a) This subsection is the tax preference performance statement for the retail sales and use tax exemptions for marijuana purchased by qualifying patients and designated providers established in sections 2 and 3 of this act. The performance statement is only intended to be used for subsequent evaluation of the tax preferences. It is not intended to create a private right of action by any party or be used to determine eligibility for preferential tax treatment.
     (b) The legislature categorizes the tax preference as one intended to accomplish the general purposes indicated in RCW 82.32.808(2)(e).
     (c) It is the legislature's specific public policy objective to provide qualifying patients and designated providers who hold valid cards issued by the department of health with a retail sales and use tax exemption on marijuana for medical use when authorized by a health care professional, and when such marijuana is purchased or obtained from a marijuana retail outlet with a medical marijuana endorsement under chapter 69.50 RCW.
     (d) To measure the effectiveness of the exemptions"

     On page 2, line 24, after "of the" strike "sale" and insert "sales"

     On page 2, line 32, after "or" strike "their designated provider" and insert "designated providers, who hold a valid qualifying patient or designated provider recognition card issued by the department of health"

     On page 2, beginning on line 34, after "outlets" strike all material through "Retail" on line 35 and insert "with a medical marijuana endorsement authorized under chapter 69.50 RCW. Such retail"

     On page 3, beginning on line 1, after "sales" insert "under this section"

     On page 3, beginning on line 18, after "by" strike all material through "69.50 RCW" on line 20 and insert "qualifying patients or their designated providers if:
     (a) The qualifying patient or designated provider holds a valid qualifying patient or designated provider recognition card issued by the department of health; and
     (b) Such marijuana or marijuana-infused product was obtained from an authorized marijuana retail outlet with a medical marijuana endorsement under chapter 69.50 RCW and is used in compliance with chapter 69.51A RCW"

     On page 3, after line 22, insert the following:

"NEW SECTION.  Sec. 4   A new section is added to chapter 69.51A RCW to read as follows:
     The department of health must maintain records from the qualifying patient and designated provider recognition card system administered under this chapter for at least five calendar years to permit the department of revenue to verify eligibility for exemptions under sections 2 and 3 of this act."

     Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.

     On page 3, line 23, after "July 1," strike "2014" and insert "2015"

EFFECT:  Changes the effective date from July 1, 2014 to July 1, 2015. Limits medical marijuana tax exemptions to valid qualifying patients or designated providers, who hold a valid qualifying patient or designated provider recognition card issued by the Department of Health. Requires qualifying patients or designated providers to purchase marijuana from marijuana retail outlets with a medical marijuana endorsement in order to qualify for the exemption. Requires Department of Health to maintain records from the qualifying patient and designated provider for a minimum of five years to verify eligibility for the exemption.

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