BP BHEAD INT S

AN ACT Relating to medicinal marijuana; amending RCW 69.51.020 and 69.51.040; creating new sections; and making appropriations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) The legislature finds that current synthetic drugs that contain the active ingredient of tetrahydrocannabinol (THC) may be inadequate to control the nausea and adverse effects of AIDS or HIV‑related illness, cancer chemotherapy and cancer radiology and additionally, the adverse effects of glaucoma, multiple sclerosis, and other life‑threatening diseases. Some research shows that the use of synthetic THC may not provide effective relief and may produce severe side effects. Recent research has shown that marijuana in its vegetative state has medicinal value for alleviating the ill effects of these diseases and other therapies. Dosage and THC levels can be regulated in cultivated vegetative marijuana.

(2) Therefore, the legislature finds that there is a need for further research regarding the cultivation, processing, and distribution of medicinal marijuana under strictly controlled circumstances. The primary issue is to determine the appropriate entity to cultivate and manufacture the marijuana plant. There is a need to identify which organization or organizations could manufacture medicinal marijuana plants with the appropriate chemical content, and provide strict regulation of the distribution of the plant to qualified patients. For this reason the legislature directs Washington State University, in conjunction with the University of Washington, the state board of pharmacy, and the department of health to perform a study to research a tamper‑free means of cultivating effective and safe marijuana plants for medicinal purposes.

(3) The study must investigate and determine: (a) The proper entities for manufacturing medicinal marijuana; (b) the appropriate chemical content of marijuana plants to provide safe and effective relief; (c) strict licensing procedures for the manufacturing process to prevent diversion; (d) the costs involved with manufacturing marijuana plants; and (e) the costs involved with processing and distributing the plant. The study must also examine potential benefits for patients using vegetable marijuana for medicinal reasons.

(4) The study must meet the approval of the United States food and drug administration, the national institute of drug abuse, and other appropriate state and federal entities.

(5) A person authorized to engage in research under this chapter is immune from prosecution for a violation of chapter 69.50 RCW with respect to the manufacture, delivery, or possession of vegetable marijuana or a vegetable marijuana derivative.

NEW SECTION. Sec. 2. Entities conducting the study in section 1 of this act may convene an advisory panel made up of medical experts, law enforcement personnel, lawyers, educators, and other interested persons.

NEW SECTION. Sec. 3. Representatives from Washington State University, in conjunction with the University of Washington, the state board of pharmacy, and the department of health must report their findings and recommendations to the legislature by December 1, 1996.

Sec. 4. RCW 69.51.020 and 1979 c 136 s 2 are each amended to read as follows:

The legislature finds that recent research has shown that the use of marijuana may alleviate the nausea and ill effects of cancer, AIDS or HIV-related illness, chemotherapy and radiology, and, additionally, may alleviate the ill effects of glaucoma, multiple sclerosis, and other life-threatening diseases. The legislature further finds that there is a need for further research and experimentation regarding the use of marijuana under strictly controlled circumstances. It is for this purpose that the Controlled Substances Therapeutic Research Act is hereby enacted.

Sec. 5. RCW 69.51.040 and 1989 1st ex.s. c 9 s 439 are each amended to read as follows:

(1) There is established in the board the controlled substances therapeutic research program. The program shall be administered by the department. The board shall promulgate rules necessary for the proper administration of the Controlled Substances Therapeutic Research Act. In such promulgation, the board shall take into consideration those pertinent rules promulgated by the United States drug enforcement agency, the food and drug administration, and the national institute on drug abuse.

(2) Except as provided in RCW 69.51.050(4), the controlled substances therapeutic research program shall be limited to cancer chemotherapy and radiology patients ((~~and~~)), glaucoma, AIDS or HIV-related illness, multiple sclerosis, and other life-threatening disease patients, who are certified to the patient qualification review committee by a practitioner as being involved in a life-threatening or sense-threatening situation. No patient may be admitted to the controlled substances therapeutic research program without full disclosure by the practitioner of the experimental nature of this program and of the possible risks and side effects of the proposed treatment in accordance with the informed consent provisions of chapter 7.70 RCW.

(3) The board shall provide by rule for a program of registration with the department of bona fide controlled substance therapeutic research projects.

NEW SECTION. Sec. 6. (1) The sum of . . . . . . dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the . . . . . . for the purposes of this act.

(2) The sum of . . . . . . dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the state board of pharmacy to perform a clinical research study under chapter 69.51 RCW concerning the effects of medicinal marijuana for alleviating nausea and other adverse effects associated with AIDS and HIV-related illness, cancer chemotherapy and cancer radiology, and, additionally, the adverse effects of glaucoma and multiple sclerosis, provided that this research meets with the appropriate state and federal approval.