BILL REQ. #: H-3076.2
| State of Washington | 63rd Legislature | 2014 Regular Session |
Prefiled 01/06/14. Read first time 01/13/14. Referred to Committee on Health Care & Wellness.
AN ACT Relating to medical marijuana; amending RCW 69.51A.005, 69.51A.010, 69.51A.020, 69.51A.025, 69.51A.030, 69.51A.040, 69.51A.040, 69.51A.055, 69.51A.060, 69.51A.100, 69.51A.110, 69.51A.120, and 69.51A.900; adding new sections to chapter 69.51A RCW; adding new sections to chapter 69.50 RCW; repealing RCW 69.51A.070, 69.51A.140, 69.51A.200, 69.51A.043, 69.51A.045, 69.51A.047, 69.51A.090, and 69.51A.085; providing effective dates; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 69.51A.005 and 2011 c 181 s 102 are each amended to
read as follows:
(1) The legislature finds that:
(a) There is medical evidence that some patients with terminal or
debilitating medical conditions may, under their health care
professional's care, benefit from the medical use of ((cannabis))
marijuana. Some of the conditions for which ((cannabis)) marijuana
appears to be beneficial include, but are not limited to:
(i) Nausea, vomiting, 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;
(iii) Acute or chronic glaucoma;
(iv) Crohn's disease; and
(v) Some forms of intractable pain.
(b) Humanitarian compassion necessitates that the decision to use
((cannabis)) marijuana by patients with terminal or debilitating
medical conditions is a personal, individual decision, based upon their
health care professional's professional medical judgment and
discretion.
(2) Therefore, the legislature intends that:
(a) Qualifying patients with terminal or debilitating medical
conditions who, in the judgment of their health care professionals, may
benefit from the medical use of ((cannabis)) marijuana, shall not be
arrested, prosecuted, or subject to other criminal sanctions or civil
consequences under state law based solely on their medical use of
((cannabis)) marijuana, notwithstanding any other provision of law;
(b) Persons who act as designated providers to such patients shall
also not be 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 ((cannabis)) marijuana; and
(c) Health care professionals shall also not be arrested,
prosecuted, or subject to other criminal sanctions or civil
consequences under state law for the proper authorization of medical
use of ((cannabis)) marijuana by qualifying patients for whom, in the
health care professional's professional judgment, the medical use of
((cannabis)) marijuana may prove beneficial.
(3) Nothing in this chapter establishes the medical necessity or
medical appropriateness of ((cannabis)) marijuana 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)) marijuana 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)) marijuana in any correctional facility or jail.
Sec. 2 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) "Department" means the department of health.
(2) "Designated provider" means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in writing by a patient to serve as a
designated provider under this chapter;
(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))) (3) "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))) (4) "Marijuana" has the same meaning as in RCW 69.50.101.
(5) "Marijuana processor" has the same meaning as in RCW 69.50.101.
(6) "Marijuana producer" has the same meaning as in RCW 69.50.101.
(7) "Marijuana-infused products" has the same meaning as in RCW
69.50.101.
(8) "Marijuana retailer" has the same meaning as in RCW 69.50.101.
(9) "Medical use of marijuana" means the production, possession, or
administration of marijuana, as defined in RCW 69.50.101(((q))), for
the exclusive benefit of a qualifying patient in the treatment of his
or her terminal or ((debilitating illness)) medical condition.
(((4))) (10) "Qualifying patient" means a person who:
(a) Is a patient of a health care professional;
(b) Has been diagnosed by that health care professional as having
a terminal or debilitating medical condition;
(c) Is a resident of the state of Washington at the time of such
diagnosis;
(d) Has been advised by that health care professional about the
risks and benefits of the medical use of marijuana; and
(e) Has been advised by that health care professional that they may
benefit from the medical use of marijuana.
(((5))) (11) "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))) (12) "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 that can be objectively assessed and evaluated, that is
unrelieved by standard medical treatments and medications and of such
severity as to significantly interfere with the patient's activities of
daily living and ability to function; 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, 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))) (13) "Useable marijuana" has the same meaning as in RCW
69.50.101.
(14) "Valid documentation" means((:)) 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((
(a); and)).
(b) Proof of identity such as a Washington state driver's license
or identicard, as defined in RCW 46.20.035
NEW SECTION. Sec. 3 A new section is added to chapter 69.51A RCW
to read as follows:
By May 1, 2015, the department shall:
(1) Within thirty days of receiving an application, issue a
qualifying patient recognition card to any qualifying patient who meets
the criteria established under section 4 of this act;
(2) Within thirty days of an application, issue a designated
provider recognition card to any designated provider who meets the
criteria established under section 4 of this act;
(3)(a) Adopt application forms for a:
(i) Qualifying patient to apply for a qualifying patient
recognition card under section 4 of this act; or
(ii) Designated provider to apply for a designated provider
recognition card under the qualifying patient's authority.
(b) The application forms shall, at a minimum, include:
(i) The name, address, and date of birth of the qualifying patient
and, if appropriate, the qualifying patient's designated provider;
(ii) The name, address, and telephone number of the qualifying
patient's health care professional who signed the patient's valid
documentation;
(iii) Any other information that the department determines is
necessary to verify the identity of the qualifying patient or
designated provider, including unique identifiers such as driver's
license information or social security numbers;
(4) Adopt procedures for the issuance, annual renewal, and
cancellation of a qualifying patient recognition card;
(5) Adopt procedures for the issuance and cancellation of a
designated provider recognition card to a designated provider.
Cancellation may be initiated by the department or at the request of
the qualifying patient;
(6) Adopt attestation forms and procedures for health care
professionals to use in section 5 of this act;
(7) Establish and maintain a system for safeguarding the records of
individuals applying for or holding qualifying patient recognition
cards or designated provider recognition cards;
(8) Adopt rules and guidelines as necessary to implement this
chapter.
NEW SECTION. Sec. 4 A new section is added to chapter 69.51A RCW
to read as follows:
(1) After May 1, 2015, a qualifying patient may receive a
qualifying patient recognition card from the department if the
qualifying patient:
(a) Submits to the department an application signed by:
(i)(A) The qualifying patient; or
(B) If the qualifying patient is less than eighteen years of age,
a parent or guardian of the qualifying patient; and
(ii) The qualifying patient's health care professional who has
signed the patient's valid documentation; and
(b) Submits a copy of his or her valid documentation to the
department.
(2) After May 1, 2015, a designated provider may receive a
designated provider recognition card from the department if the
designated provider:
(a) Submits to the department an application signed by the
designated provider and the qualifying patient that has made the
designation; and
(b) Submits a copy of the qualifying patient recognition card for
the qualifying patient that has made the designation or, if the
qualifying patient recognition card has not been processed by the
department a copy of the qualifying patient's application for a
qualifying patient recognition card.
(3) At a minimum, a qualifying patient recognition card and a
designated provider recognition card must contain the following
information on its face:
(a) The individual's name;
(b) The individual's birth date;
(c) The expiration date; and
(d) In the case of a designated provider registration card, the
name of the qualifying patient who the designated provider represents.
(4) Qualifying patient recognition cards and designated provider
recognition cards expire on the date identified by the health care
professional on the valid documentation which may not exceed one year
from the date that the valid documentation was authorized.
(5) Qualifying patient recognition cards and designated provider
recognition cards are not transferrable.
(6)(a) If a qualifying patient's health care professional has
determined that a patient's terminal or debilitating medical condition
justifies an extraordinary demand for the possession and purchase of up
to eight ounces of useable marijuana, the health care professional may
provide the patient with an attestation that meets the requirement of
section 5 of this act.
(b) The attestation may be submitted with the application for a
qualifying patient recognition card or designated provider recognition
card or submitted separately during the period that a qualifying
patient recognition card or designated provider recognition card is
valid. If submitted separately, the department shall invalidate the
previous card and issue a new qualifying patient recognition card or
designated provider recognition card with the previous expiration date.
(c) If the department determines that the conditions of section 5
of this act have been met, the qualifying patient recognition card or
designated provider recognition card shall note the amount of useable
cannabis authorized for possession or purchase.
NEW SECTION. Sec. 5 A new section is added to chapter 69.51A RCW
to read as follows:
(1) An individual who holds a valid qualifying patient recognition
card or a designated provider recognition card pursuant to section 4 of
this act may assert the protections available under RCW 69.51A.040 and
purchase the amounts approved under that section from a licensed
marijuana retailer that holds a medical marijuana endorsement, except
that the individual may possess or purchase an amount in excess of
three ounces of useable marijuana, but not to exceed eight ounces of
useable marijuana if an extraordinary demand has been approved by the
qualifying patient's health care professional in accordance with
subsection (2) of this section.
(2) A health care professional may authorize the possession or
purchase of more than three ounces of useable marijuana for a
qualifying patient if the health care professional attests to the
department:
(a) That he or she is the primary health care professional treating
the patient's terminal or debilitating medical condition that is the
basis for the issuance of the valid documentation;
(b) That he or she maintains an ongoing medical relationship with
the patient that includes regular visits with the patient at least
every three months;
(c) That alternatives to marijuana for medical use have been
attempted with the qualifying patient and have been unsuccessful and
that the use of marijuana in amounts that would allow for possession of
less than three ounces of useable marijuana has been attempted and has
been unsuccessful; and
(d) That he or she maintains documentation of efforts to use
alternatives to marijuana for medical use and marijuana in amounts that
would allow for possession of less than three ounces of useable
marijuana.
NEW SECTION. Sec. 6 A new section is added to chapter 69.51A RCW
to read as follows:
(1) The department shall establish and maintain a system for
safeguarding the records of qualifying patients that have applied for
a qualifying patient recognition card under section 4 of this act and
designated providers that have applied for a designated provider
recognition card under section 4 of this act as secure and
confidential.
(2) Information maintained by the department under this section
shall be confidential and not subject to disclosure, except:
(a) To a peace officer at any time for purposes of verifying that
a person is lawfully in possession of a qualifying patient recognition
card or a designated provider recognition card;
(b) To appropriate local, state, and federal law enforcement or
prosecutorial officials who are engaged in a bona fide specific
investigation involving a designated person;
(c) To members of a disciplining authority or a state employee in
connection with an investigation conducted by a disciplining authority
for unprofessional conduct under RCW 69.51A.030 or chapter 18.130 RCW;
(d) In an aggregated form that does not allow for the
identification of any individual holder of a qualifying patient
recognition card or designated provider recognition card;
(e) To persons authorized to prescribe or dispense controlled
substances, for the purpose of providing medical or pharmaceutical care
for their patients;
(f) To employees of the department of revenue to the extent
necessary to determine applicable exemptions from state and local
taxes; or
(g) To employees of the liquor control board to the extent
necessary to determine compliance with the requirements of sections 22
and 23 of this act.
NEW SECTION. Sec. 7 A new section is added to chapter 69.51A RCW
to read as follows:
If a qualifying patient is less than eighteen years of age, a
parent or guardian of the qualifying patient must:
(1) Be named as his or her designated provider and hold a
designated provider recognition card to that effect; and
(2) Have sole control over the qualifying patient's marijuana,
except that the qualifying patient may possess an amount of marijuana
that is necessary to fulfill his or her next dose.
Sec. 8 RCW 69.51A.020 and 2011 c 181 s 103 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 ((cannabis)) marijuana for nonmedical purposes. Criminal
penalties created under chapter 181, Laws of 2011 do not preclude the
prosecution or punishment for other crimes, including other crimes
involving the manufacture or delivery of ((cannabis)) marijuana for
nonmedical purposes.
Sec. 9 RCW 69.51A.025 and 2011 c 181 s 413 are each amended to
read as follows:
Nothing in this chapter or in the rules adopted to implement it
precludes a qualifying patient or designated provider from engaging in
the private, unlicensed, noncommercial production, possession,
transportation, delivery, or administration of ((cannabis)) marijuana
for medical use as authorized under RCW 69.51A.040.
Sec. 10 RCW 69.51A.030 and 2011 c 181 s 301 are each amended to
read as follows:
(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:
(a) Advising a patient about the risks and benefits of medical use
of ((cannabis)) marijuana or that the patient may benefit from the
medical use of ((cannabis)) marijuana; or
(b) Providing a patient meeting the ((criteria established under
RCW 69.51A.010(26))) definition of a qualifying patient with valid
documentation, based upon the health care professional's assessment of
the patient's medical history and current medical condition, where such
use is within a professional standard of care or in the individual
health care professional's medical judgment.
(2)(a)(i) 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)) marijuana if he or she has a newly initiated or existing
documented relationship with the patient, as a primary care provider or
a specialist, relating to the diagnosis and ongoing treatment or
monitoring of the patient's terminal or debilitating medical condition,
and only after:
(((i))) (A) Completing a physical examination of the patient as
appropriate, based on the patient's condition and age;
(((ii))) (B) 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)) marijuana;
(((iii))) (C) Informing the patient of other options for treating
the terminal or debilitating medical condition; and
(((iv))) (D) Documenting other measures attempted to treat the
terminal or debilitating medical condition that do not involve the
medical use of ((cannabis)) marijuana.
(ii) If a patient is less than eighteen years of age, in addition
to the requirement of (a) of this subsection, the health care
professional must:
(A) Frequently reexamine the patient and consult with his or her
parent or guardian; and
(B) Consult with other health care providers who are providing
treatment to the patient prior to providing the patient with valid
documentation authorizing the medical use of marijuana or a renewal of
valid documentation authorizing the medical use of marijuana.
(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)) marijuana 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)) marijuana products;
(iii) Examine or offer to examine a patient for purposes of
diagnosing a terminal or debilitating medical condition at a location
where ((cannabis)) marijuana is produced, processed, or dispensed;
(iv) Have a business or practice which consists ((solely))
primarily of authorizing the medical use of ((cannabis)) marijuana;
(v) Include any statement or reference, visual or otherwise, on the
medical use of ((cannabis)) marijuana 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)) marijuana if the health care
professional authorizes the medical use of ((cannabis)) marijuana;
(vii) Provide services related to the issuance of valid
documentation in a location other than his or her permanent physical
location of business; or
(viii) Charge a varying rate for sevices depending on the amount of
marijuana for medical use that is authorized or duration of the
expiration date of the authorization.
(3) A health care professional shall identify the expiration date
of the valid documentation issued pursuant to subsection (2)(a) of this
section. The expiration date may not be more than one year from the
date that the valid documentation was issued. Any renewal of the valid
documentation must meet the procedures established under subsection
(2)(a) of this section and be performed immediately prior to the
issuance of the renewed valid documentation.
(4) A violation of any provision of subsection (2) or (3) of this
section constitutes unprofessional conduct under chapter 18.130 RCW.
NEW SECTION. Sec. 11 A new section is added to chapter 69.51A
RCW to read as follows:
The department shall convene a work group of representatives of the
medical quality assurance commission, board of osteopathic medicine and
surgery, the nursing care quality assurance committee, and the board of
naturopathy to:
(1) Develop practice guidelines for health care professionals to
consider when authorizing the medical use of marijuana for patients.
The practice guidelines shall address:
(a) Assessing a patient to determine if he or she has a
debilitating condition or intractable pain;
(b) Conducting an adequate examination of a patient for the need
for marijuana for medical use;
(c) Dosing criteria related to the medical use of marijuana;
(d) Developing a treatment plan for patients who may benefit from
the medical use of marijuana;
(e) Communicating with a patient about the medical use of marijuana
and other options for treating his or her terminal or debilitating
medical condition;
(f) Maintaining records for patients who have been authorized to
use marijuana for medical purposes; and
(g) Other issues identified by the work group as necessary to
provide appropriate care to patients who have been authorized to use
marijuana for medical purposes.
(2) The department shall make the practice guidelines broadly
available to health care professionals.
Sec. 12 RCW 69.51A.040 and 2011 c 181 s 401 are each amended to
read as follows:
The medical use of ((cannabis)) marijuana in accordance with the
terms and conditions of this chapter does not constitute a crime and a
qualifying patient who holds a qualifying patient recognition card or
designated provider who holds a designated provider recognition card in
compliance with the terms and conditions of this chapter may not be
arrested, 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))
marijuana under state law, or have real or personal property seized or
forfeited for possession, manufacture, or delivery of, or for
possession with intent to manufacture or deliver, ((cannabis))
marijuana under state law, and investigating peace officers and law
enforcement agencies may not be held civilly liable for failure to
seize ((cannabis)) marijuana in this circumstance, if:
(1)(a) The qualifying patient or designated provider possesses no
more than ((fifteen cannabis)) three flowering marijuana plants and
three nonflowering marijuana plants and:
(i) No more than ((twenty-four)) three ounces of useable
((cannabis)) marijuana or an amount authorized pursuant to section 5 of
this act and stated on the individual's qualifying patient recognition
card or designated provider recognition card;
(ii) No more ((cannabis)) marijuana product than what could
reasonably be produced with no more than ((twenty-four)) three ounces
of useable ((cannabis)) marijuana or an amount authorized pursuant to
section 5 of this act and stated on the individual's qualifying patient
recognition card or designated provider recognition card; or
(iii) A combination of useable ((cannabis)) marijuana and
((cannabis)) marijuana product that does not exceed a combined total
representing possession and processing of no more than ((twenty-four))
three ounces of useable ((cannabis)) marijuana or an amount authorized
pursuant to section 5 of this act and stated on the individual's
qualifying patient recognition card or designated provider recognition
card.
(b) The limitations related to the possession of marijuana
established under (a) of this subsection also apply as the total
possession amount even 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)) marijuana, and
((cannabis)) marijuana 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)) valid
qualifying patient recognition card or designated provider recognition
card, to any peace officer who questions the patient or provider
regarding his or her medical use of ((cannabis)) marijuana;
(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)) valid qualifying patient recognition card or
designated provider recognition card and the qualifying patient or
designated provider's contact information posted prominently next to
any ((cannabis)) marijuana plants, ((cannabis)) marijuana products, or
useable ((cannabis)) marijuana located at his or her residence;
(4) The investigating peace officer does not possess evidence that:
(a) The designated provider has converted ((cannabis)) marijuana
produced or obtained for the qualifying patient for his or her own
personal use or benefit; or
(b) The qualifying patient has converted ((cannabis)) marijuana
produced or obtained for his or her own medical use to the qualifying
patient's personal, nonmedical 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((; and)).
(6) The investigating peace officer has not observed evidence of
any of the circumstances identified in section 901(4) of this act
Sec. 13 RCW 69.51A.040 and 2011 c 181 s 401 are each amended to
read as follows:
The medical use of ((cannabis)) marijuana in accordance with the
terms and conditions of this chapter does not constitute a crime and a
qualifying patient who holds a qualifying patient recognition card or
designated provider who holds a designated provider recognition card in
compliance with the terms and conditions of this chapter may not be
arrested, 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))
marijuana under state law, or have real or personal property seized or
forfeited for possession, manufacture, or delivery of, or for
possession with intent to manufacture or deliver, ((cannabis))
marijuana under state law, and investigating peace officers and law
enforcement agencies may not be held civilly liable for failure to
seize ((cannabis)) marijuana 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)) three ounces of useable
((cannabis)) marijuana or an amount authorized pursuant to section 5 of
this act and stated on the individual's qualifying patient recognition
card or designated provider recognition card;
(ii) No more ((cannabis)) marijuana product than what could
reasonably be produced with no more than ((twenty-four)) three ounces
of useable ((cannabis)) marijuana or an amount authorized pursuant to
section 5 of this act and stated on the individual's qualifying patient
recognition card or designated provider recognition card; or
(iii) A combination of useable ((cannabis)) marijuana and
((cannabis)) marijuana product that does not exceed a combined total
representing possession and processing of no more than ((twenty-four))
three ounces of useable ((cannabis)) marijuana or an amount authorized
pursuant to section 5 of this act and stated on the individual's
qualifying patient recognition card or designated provider recognition
card.
(b) The limitations related to the possession of marijuana
established under (a) of this subsection also apply as the total
possession amount even 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)) marijuana,
and ((cannabis)) marijuana 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)) valid
qualifying patient recognition card or designated provider recognition
card, to any peace officer who questions the patient or provider
regarding his or her medical use of ((cannabis)) marijuana;
(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)) valid qualifying patient recognition card or
designated provider recognition card and the qualifying patient or
designated provider's contact information posted prominently next to
any ((cannabis)) marijuana plants, ((cannabis)) marijuana products, or
useable ((cannabis)) marijuana located at his or her residence;
(4) The investigating peace officer does not possess evidence that:
(a) The designated provider has converted ((cannabis)) marijuana
produced or obtained for the qualifying patient for his or her own
personal use or benefit; or
(b) The qualifying patient has converted ((cannabis)) marijuana
produced or obtained for his or her own medical use to the qualifying
patient's personal, nonmedical 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((; and)).
(6) The investigating peace officer has not observed evidence of
any of the circumstances identified in section 901(4) of this act
NEW SECTION. Sec. 14 A new section is added to chapter 69.51A
RCW to read as follows:
(1) The department, in collaboration with the state liquor control
board, shall report to the governor and the legislature by November 15,
2019, regarding the need for qualifying patients and designated
providers to be able to possess their own marijuana plants as allowed
under RCW 69.51A.040.
(2) The report shall:
(a) Use records maintained under section 6 of this act to detail
the adequacy of the commercial marijuana supply for qualifying patients
by describing:
(i) The distances between qualifying patients and designated
providers and the nearest licensed marijuana retailer with a medical
marijuana endorsement;
(ii) The number of qualifying patients that may be experiencing
hardship in purchasing a safe and adequate supply of marijuana for
medical use from a licensed marijuana retailer with a medical marijuana
endorsement; and
(iii) The extent to which the cost of purchasing marijuana for
medical use from a licensed marijuana retailer with a medical marijuana
endorsement impedes access to a safe and adequate supply of marijuana
for qualifying patients; and
(b) Include information compiled from law enforcement officials
about the extent to which the authority of qualifying patients and
designated providers to possess their own marijuana plants as allowed
under RCW 69.51A.040 has been illegally associated with the conversion
of marijuana for nonmedical use.
Sec. 15 RCW 69.51A.055 and 2011 c 181 s 1105 are each amended to
read as follows:
(1)(((a))) The arrest and prosecution protections established in
RCW 69.51A.040 may not be asserted in a supervision revocation or
violation hearing by a person who is supervised by a corrections agency
or department, including local governments or jails, that has
determined that the terms of this section are inconsistent with and
contrary to his or her supervision.
(((b) The affirmative defenses established in RCW 69.51A.043,
69.51A.045, 69.51A.047, and section 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, including local
governments or jails, 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, 69.51A.085, and 69.51A.025 do
not apply to a person who is supervised for a criminal conviction by a
corrections agency or department, including local governments or jails,
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, including local
governments or jails, that has determined that licensure is
inconsistent with and contrary to his or her supervision.))
Sec. 16 RCW 69.51A.060 and 2011 c 181 s 501 are each amended to
read as follows:
(1) It shall be a class 3 civil infraction to use or display
marijuana for medical ((cannabis)) use in a manner or place which is
open to the view of the general public.
(2) Nothing in this chapter 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 ((cannabis)) marijuana. Such entities may enact
coverage or noncoverage criteria or related policies for payment or
nonpayment of marijuana for medical ((cannabis)) use in their sole
discretion.
(3) Nothing in this chapter requires any health care professional
to authorize the medical use of ((cannabis)) marijuana for a patient.
(4) Nothing in this chapter requires any accommodation of any on-site medical use of ((cannabis)) marijuana in any place of employment,
in any school bus or on any school grounds, in any youth center, in any
correctional facility, or smoking ((cannabis)) marijuana in any public
place or hotel or motel.
(5) Nothing in this chapter authorizes the ((use of)) medical
((cannabis)) use of marijuana 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)) marijuana 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)) as
defined in RCW 69.51A.010(((32)(a))), or to backdate such documentation
to a time earlier than its actual date of execution.
(8) No person shall be entitled to claim the protection from arrest
and prosecution under RCW 69.51A.040 ((or the affirmative defense under
RCW 69.51A.043)) for engaging in the medical use of ((cannabis))
marijuana 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.
Sec. 17 RCW 69.51A.100 and 2011 c 181 s 404 are each amended to
read as follows:
(1) A qualifying patient may revoke his or her designation of a
specific provider and designate a different provider at any time in
accordance with department procedures. 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.
Sec. 18 RCW 69.51A.110 and 2011 c 181 s 408 are each amended to
read as follows:
A qualifying patient's medical use of ((cannabis)) marijuana 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)) marijuana, 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.
Sec. 19 RCW 69.51A.120 and 2011 c 181 s 409 are each amended to
read as follows:
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)) marijuana 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. 20 A new section is added to chapter 69.51A
RCW to read as follows:
All valid documentation issued prior to the effective date of this
section expires May 1, 2015.
Sec. 21 RCW 69.51A.900 and 2011 c 181 s 1106 are each amended to
read as follows:
This chapter may be known and cited as the Washington state medical
use of ((cannabis)) marijuana act.
NEW SECTION. Sec. 22 A new section is added to chapter 69.50 RCW
to read as follows:
(1)(a) After May 1, 2015, any marijuana retailer that is licensed
under RCW 69.50.325 may apply to the state liquor control board for a
medical marijuana endorsement to sell quantities of useable marijuana
and marijuana-infused products up to the amount authorized in RCW
69.51A.040 to any individual who holds a qualifying patient recognition
card under section 4 of this act or a designated provider recognition
card under section 4 of this act.
(b) A separate medical marijuana endorsement shall be required for
each location at which a marijuana retailer intends to function
pursuant to a medical marijuana endorsement.
(c) Each medical marijuana endorsement must be renewed annually.
The state liquor control board may authorize a one time extension of
the renewal date so that the renewal of a medical marijuana endorsement
coincides with the renewal of a marijuana retailer license.
(d) A medical marijuana endorsement is not transferrable, except to
the extent permitted for the transfer of a marijuana retail license
under RCW 69.50.339.
(2) Applicants for a medical marijuana endorsement must:
(a)(i) Hold an active marijuana retailer license issued pursuant to
RCW 69.50.325 that is in good standing with the state liquor control
board; or
(ii) Submit a concurrent application for a new marijuana retailer
license and a medical marijuana endorsement; and
(b) Pay an annual fee for the issuance or renewal of a medical
marijuana endorsement of two hundred dollars.
(3)(a) Any cancellation, suspension, condition, or restriction
imposed upon the marijuana retail license shall similarly affect the
medical marijuana endorsement.
(b) When conducting investigations or actions against the license
of a marijuana retailer pursuant to RCW 69.50.331 or 69.50.334, the
state liquor control board may similarly consider violations of any
requirements specifically related to a medical marijuana endorsement.
(4) The state liquor control board shall:
(a) Adopt rules related to the issuance, denial, suspension, or
cancellation of new and renewal medical marijuana endorsements to
marijuana retail licenses. In addition, the rules shall address
procedures for the consideration of a medical marijuana endorsement
submitted concurrently with a marijuana retailer license;
(b) Issue, deny, suspend, or cancel new and renewal medical
marijuana endorsements as provided in this chapter and the state liquor
control board rules; and
(c) Adopt rules for the general operation of marijuana retailers
that hold a medical marijuana endorsement that include requirements to:
(i) Verify the identity of a qualifying patient or designated
provider;
(ii) Label the THC concentration and cannabinoids in marijuana
products for sale in the retailer; and
(iii) Record sales to qualifying patients and designated providers
for purposes of determining applicable exemptions from state and local
taxes and compliance with sales amount requirements in section 23 of
this act.
NEW SECTION. Sec. 23 A new section is added to chapter 69.50 RCW
to read as follows:
(1) Prior to selling marijuana to an individual who holds a
qualifying patient recognition card or designated provider recognition
card, a licensed marijuana retailer that holds a medical marijuana
endorsement under section 22 of this act must verify the identity of
the individual and the authenticity of the card according to rules
established by the state liquor control board.
(2) A licensed marijuana retailer that holds a medical marijuana
endorsement under section 22 of this act may not sell or distribute any
more marijuana than the amounts permitted in RCW 69.51A.040 to any
individual who holds a qualifying patient recognition card or designate
provider recognition card. The retail sale of useable marijuana and
marijuana-infused products in accordance with the amounts permitted in
RCW 69.51A.040 and the rules adopted to implement and enforce it, by a
validly licensed marijuana retailer that holds a medical marijuana
endorsement or any of its employees, shall not be a criminal or civil
offense under Washington state law.
NEW SECTION. Sec. 24 The following acts or parts of acts are
each repealed:
(1) RCW 69.51A.070 (Addition of medical conditions) and 2007 c 371
s 7 & 1999 c 2 s 9;
(2) RCW 69.51A.140 (Counties, cities, towns -- Authority to adopt and
enforce requirements) and 2011 c 181 s 1102; and
(3) RCW 69.51A.200 (Evaluation) and 2011 c 181 s 1001.
NEW SECTION. Sec. 25 The following acts or parts of acts are
each repealed, effective May 1, 2015:
(1) RCW 69.51A.043 (Failure to register -- Affirmative defense) and
2011 c 181 s 402;
(2) RCW 69.51A.045 (Possession of cannabis exceeding lawful
amount -- Affirmative defense) and 2011 c 181 s 405;
(3) RCW 69.51A.047 (Failure to register or present valid
documentation -- Affirmative defense) and 2011 c 181 s 406;
(4) RCW 69.51A.090 (Applicability of valid documentation
definition) and 2010 c 284 s 5; and
(5) RCW 69.51A.085 (Collective gardens) and 2011 c 181 s 403.
NEW SECTION. Sec. 26 Section 12 of this act takes effect May 1,
2015.
NEW SECTION. Sec. 27 Section 12 of this act expires July 1,
2020.
NEW SECTION. Sec. 28 Section 13 of this act takes effect July 1,
2020.