BILL REQ. #:  S-2216.2 



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SUBSTITUTE SENATE BILL 5947
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State of Washington58th Legislature2003 Regular Session

By Senate Committee on Health & Long-Term Care (originally sponsored by Senators Kohl-Welles, McCaslin, Swecker, Thibaudeau, Brandland and Franklin; by request of Lieutenant Governor)

READ FIRST TIME 03/05/03.   



     AN ACT Relating to medical use of marijuana; and creating new sections.

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

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: 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; an attorney to be appointed by the Washington state bar association with 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; an organization representing police officers and deputy sheriffs; and the lieutenant governor.
     (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).

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