WSR 07-16-130

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


[ Filed August 1, 2007, 8:48 a.m. ]

Subject of Possible Rule Making: New chapter 246-XXX WAC, establishing a sixty-day supply of medical marijuana for qualifying patients.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 371, Laws of 2007 - ESSB 6032.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 2007 legislation, ESSB 6032 relating to medical use of marijuana, requires the department of health (department) to adopt rules defining the quantity of marijuana that could reasonably be presumed to be a sixty-day supply for qualifying patients. Establishing rules may assist patients, physicians, and law enforcement officers in determining what amount of marijuana a patient could potentially possess by providing a clear definition of a sixty-day supply. The legislation does provide flexibility if there is evidence that the amount necessary for an individual patients' medical use differs from the rule. The department must establish these rules in order to comply with the legislation.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington state patrol, department of corrections, and the federal Drug Enforcement Administration. The department will be notifying these agencies of rule-making activities via e-mail and they will be invited to participate in rule development workshops.

Process for Developing New Rule: Collaborative.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Interested parties may join a Listserv to receive notices to participate in rule development workshops and rule-making activities. Workshops will be held in September 2007 in eastern, western and southwest Washington. To join the Listserv, send an e-mail to medical marijuana@doh.wa.gov or write to the Department of Health, P.O. Box 47866, Olympia, WA 98504-7866, or call (360) 236-4790 or fax (360) 236-4768.

August 1, 2007

Mary C. Selecky

Secretary

Washington State Code Reviser's Office