BILL REQ. #: S-0174.3
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 02/16/2005. Referred to Committee on Health & Long-Term Care.
AN ACT Relating to medical use of marijuana; amending RCW 69.51A.010, 69.51A.030, and 69.51A.040; 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.
(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)) may outweigh
the health risks for a particular qualifying patient; 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 has a right to do so 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.
(5) A physician providing valid documentation in the form of a
signed statement to a qualified patient under this section must issue
to the patient a physician statement that includes the following
information:
Qualifying Patient: . . . . . . . . . . . .
Date of Birth: . . . . . . . . . . . . I am a physician licensed in the State of Washington. I am
treating the above-named patient for a terminal or debilitating
medical condition as defined in RCW 69.51A.010. It is my
medical opinion that the above-named patient may benefit from
the medical use of marijuana.
Signature of Physician: . . . . . . . . . . . .
Printed Name of Physician: . . . . . . . . . . . .
Phone number: . . . . . . . . . . . .
WA State Physician License number: . . . . . . . . . . . .
Date: . . . . . . . . . . . .
(6) The department of health shall develop a form for use by
physicians in providing the information required by subsection (5) of
this section.