BILL REQ. #:  S-4905.1 

READ FIRST TIME 02/01/06.   

     AN ACT Relating to medical use of marijuana; amending RCW 69.51A.010, 69.51A.030, and 69.51A.040; adding a new section to chapter 69.51A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature intends to clarify the law on medical marijuana so the lawful use of this substance is not impaired and medical practitioners are able to exercise their best professional judgment in the delivery of medical treatment without fear of state criminal prosecution. This act is also intended to provide clarification to law enforcement and to all parties in the judicial system.

Sec. 2   RCW 69.51A.010 and 1999 c 2 s 6 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Medical use of marijuana" means the production, possession, or administration of marijuana, as defined in RCW 69.50.101(q), for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating illness.
     (2) "Primary caregiver" means a person who:
     (a) Is eighteen years of age or older;
     (b) ((Is responsible for the housing, health, or care of the patient;
     (c))) Has been designated in writing by a patient to perform the duties of primary caregiver under this chapter;
     (c) Has met the requirements set out in RCW 69.51A.040(4).
     (3) "Qualifying patient" means a person who:
     (a) Is a patient of a physician licensed under chapter 18.71 or 18.57 RCW;
     (b) Has been diagnosed by that physician as having a terminal or debilitating medical condition;
     (c) Is a resident of the state of Washington at the time of such diagnosis;
     (d) Has been advised by that physician about the risks and benefits of the medical use of marijuana; and
     (e) Has been advised by that physician that they may benefit from the medical use of marijuana.
     (4) "Terminal or debilitating medical condition" means:
     (a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or
     (b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or
     (c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or
     (d) Any other medical condition duly approved by the Washington state medical quality assurance ((board [commission])) commission as directed in this chapter.
     (5) "Valid documentation" means:
     (a) A statement signed by a qualifying patient's physician, or a copy of the qualifying patient's pertinent medical records((, which states that, in the physician's professional opinion, the potential benefits of the medical use of marijuana would likely outweigh the health risks for a particular qualifying patient)) that includes the following information:
     (i) Name of the patient;
     (ii) The patient's date of birth;
     (iii) That the physician has:
     (A) Diagnosed the patient with a terminal or debilitating medical condition as defined in this section or as designated by the Washington state medical quality assurance commission as directed in this chapter; and
     (B) Discussed the medical use of marijuana with the patient; and
     (C) Determined that medical marijuana treatment offers potential medical benefits for the patient;
     (iv) The physician's:
     (A) Signature;
     (B) Telephone number;
     (C) Washington state physician license number; and
     (v) The date on which the documentation was recorded or issued; and
     (b) Proof of identity such as a Washington state driver's license or identicard, as defined in RCW 46.20.035.

Sec. 3   RCW 69.51A.030 and 1999 c 2 s 4 are each amended to read as follows:
     A physician licensed under chapter 18.71 or 18.57 RCW shall be excepted from the state's criminal laws and shall not be penalized in any manner, or denied any right or privilege, for:
     (1) Advising a qualifying patient about the risks and benefits of medical use of marijuana or that the qualifying patient may benefit from the medical use of marijuana where such use is within a professional standard of care or in the individual physician's medical judgment; or
     (2) Providing a qualifying patient with valid documentation, based upon the physician's assessment of the qualifying patient's medical history and current medical condition, that the ((potential benefits of the medical use of marijuana would likely outweigh the health risks for the)) medical use of marijuana may benefit a particular qualifying patient.

Sec. 4   RCW 69.51A.040 and 1999 c 2 s 5 are each amended to read as follows:
     (1) If charged with a violation of state law relating to marijuana, any qualifying patient who is engaged in the medical use of marijuana, or any designated primary caregiver who assists a qualifying patient in the medical use of marijuana, will be deemed to have established an affirmative defense to such charges by proof of his or her compliance with the requirements provided in this chapter. An individual seeking to raise a defense provided in this chapter shall be permitted to present any and all evidence or testimony related to such defense to the finder of fact at trial. Any person meeting the requirements appropriate to his or her status under this chapter shall be considered to have engaged in activities permitted by this chapter and shall not be penalized in any manner, or denied any right or privilege, for such actions.
     (2) The qualifying patient, if eighteen years of age or older, shall:
     (a) Meet all criteria for status as a qualifying patient;
     (b) Possess no more marijuana than is necessary for the patient's personal, medical use, not exceeding the amount necessary for a sixty-day supply; and
     (c) Present his or her valid documentation to any law enforcement official who questions the patient regarding his or her medical use of marijuana.
     (3) The qualifying patient, if under eighteen years of age, shall comply with subsection (2)(a) and (c) of this section. However, any possession under subsection (2)(b) of this section, as well as any production, acquisition, and decision as to dosage and frequency of use, shall be the responsibility of the parent or legal guardian of the qualifying patient.
     (4) The designated primary caregiver shall:
     (a) Meet all criteria for status as a primary caregiver to a qualifying patient;
     (b) Possess, in combination with and as an agent for the qualifying patient, no more marijuana than is necessary for ((the)) one patient's personal, medical use, not exceeding the amount necessary for a sixty-day supply;
     (c) Present a copy of the qualifying patient's valid documentation required by this chapter, as well as evidence of designation to act as primary caregiver by the patient, to any law enforcement official requesting such information;
     (d) Be prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as primary caregiver; and
     (e) Be the primary caregiver to only one patient at any one time.

NEW SECTION.  Sec. 5   A new section is added to chapter 69.51A RCW to read as follows:
     (1) The department shall establish a voluntary registration program for the issuance of voluntary registry identification cards to any otherwise qualified patient under RCW 69.51A.010 who wishes to obtain a voluntary registry identification card.
     (a) The department may establish a fee and has authority to establish by rule such procedures as are necessary for the administration of a voluntary registration program and issuance of a voluntary registry identification card.
     (b) The department shall create and maintain a list of the persons who have voluntarily requested that they be issued registry identification cards pursuant to this section. Except as provided in subsection (2) of this section, names and other identifying information from the list established pursuant to this section shall be confidential and not subject to public disclosure under any local, state, or federal law.
     (2) Names and other identifying information for the list established pursuant to subsection (1) of this section may be released to:
     (a) Authorized employees of the department as necessary to perform official duties of the department; and
     (b) Authorized employees of state or local law enforcement agencies, only as necessary to verify that a person is a lawful possessor of a voluntary registry identification card.