5947-S AMS KOHL S2394.1

SSB 5947 - S AMD 197

By Senator Kohl-Welles

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) A task force to review the implementation of chapter 2, Laws of 1999 is created.

(2) The task force shall consist of one representative from each of the following groups: The office of the lieutenant governor; county prosecuting attorneys; physicians licensed under chapter 18.71 RCW; the department of health; the superior court judges; the attorney general; the association of sheriffs and police chiefs; the Washington state bar association (which will appoint an attorney having extensive experience in the area of criminal defense and representation of clients whose legal history includes interaction with law enforcement agencies on the matter of medicinal marijuana use); a nonprofit organization with an expertise in the laws and policies regarding the use of medicinal marijuana; patients who lawfully use marijuana for medicinal purposes; and an organization representing police officers and deputy sheriffs. The person using marijuana for medical purposes and the representative of a nonprofit organization shall each be appointed by the secretary of the department of health. The first meeting of the task force shall be convened by the secretary of the department of health.

(3) The task force shall review the history of the implementation of chapter 2, Laws of 1999, to determine if further statutory or administrative clarification is needed. In its review, the task force shall examine issues of patient and physician utilization rates and concerns, prosecution and law enforcement difficulties and needs, relevant case law changes, statutory and administrative barriers to full implementation of the act, and any concerns raised by the applicable federal statutes. The task force shall make appropriate findings and recommendations, but is not required to produce a formal report.

(4) The first meeting of the task force shall be convened by the department of health not later than July 15, 2003. The task force shall present its findings and recommendations to the governor, the legislature, and its membership not later than December 1, 2003.

(5) The members of the task force shall serve without compensation.

NEW SECTION. Sec. 2. The attorney general is requested to file, in the federal district court for the district of western Washington, a motion for declaratory judgment for the purpose of determining what advice physicians may provide patients regarding the use of medicinal marijuana under Washington state laws, consistent with the federal uniform controlled substances act as determined by the case of Conant v. Walters, 309 F.3rd 629 (9th Cir. 2002)."

SSB 5947 - S AMD 197

By Senator Kohl-Welles

On page 1, line 1 of the title, after "marijuana;" strike the remainder of the title and insert "and creating new sections."

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