WSR 08-14-149

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed July 1, 2008, 2:55 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-16-130.

Title of Rule and Other Identifying Information: New chapter, WAC 246-75-010 Medical marijuana.

Hearing Location(s): Department of Health, Point Plaza East, 310 Israel Road S.E., Tumwater, WA 98501, on August 25, 2008, at 11:00 a.m.

Date of Intended Adoption: September 15, 2008.

Submit Written Comments to: DOH Medical Marijuana, P.O. Box 47850, Olympia, WA 98504-7850, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4626, by August 25, 2008.

Assistance for Persons with Disabilities: Contact Sherry Thomas by August 18, 2008, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules define the quantity of marijuana that could reasonably be presumed to be a sixty-day supply allowed under the medical marijuana law (chapter 62.51A RCW) for qualifying patients. The proposed rules clarify the existing law, and will assist patients, designated providers, physicians, law enforcement, and others in understanding what a sixty-day supply of medical marijuana is.

Reasons Supporting Proposal: The rules are required by ESSB 6032 (chapter 371, Laws 2007). The proposed rules provide clarity to those who participate in the medical marijuana law by defining a presumptive sixty-day supply of medical marijuana.

Statutory Authority for Adoption: RCW 62.51A.080 (ESSB 6032 - chapter 371, Laws of 2007).

Statute Being Implemented: RCW 62.51A.080 (ESSB 6032 -chapter 371, Laws of 2007).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Blake Maresh, 310 Israel Road, Tumwater, (360) 236-4760; Implementation and Enforcement: Not applicable.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting DOH Medical Marijuana, P.O. Box 47850, Olympia, WA 98504-7850, phone (360) 236-4612, fax (360) 236-4626, e-mail medicalmarijuana@doh.wa.gov.

July 1, 2008

Mary C. Selecky

Secretary

OTS-1732.2

Chapter 246-75 WAC

MEDICAL MARIJUANA


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

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

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

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

(2) Definitions.

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

(b) "Immature plant" means any marijuana plant that has no flowers, is less than twelve inches in height, and is less than twelve inches in diameter.

(c) "Mature plant" means any marijuana plant that does not fall within the definition of "immature plant."

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

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

(3) Presumptive sixty-day supply.

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

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

(c) The presumption in this section may be overcome by documentation from the patient's physician stating the amount that is medically necessary for the qualifying patient.

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Washington State Code Reviser's Office