E2SSB 5073 -
By Representative Cody
ADOPTED 04/11/2011
On page 10, line 9 of the amendment, after "has a" strike "documented relationship with the patient" and insert "newly initiated or existing documented relationship with the patient, as a primary care provider or a specialist,"
On page 12, line 12 of the amendment, after "consequences" insert ","
On page 13, line 9 of the amendment, after "benefit;" strike "and"
On page 13, line 12 of the amendment, after "period" insert "; and
(6) The investigating peace officer has not observed evidence of
any of the circumstances identified in section 901(4) of this act"
On page 13, line 29 of the amendment, after "cannabis;" strike "and"
On page 13, line 31 of the amendment, after "provider" insert ";
and
(f) The investigating peace officer has not observed evidence of
any of the circumstances identified in section 901(4) of this act"
On page 18, line 11 of the amendment, after "413." strike "(1)"
On page 18, beginning on line 17 of the amendment, strike all of subsection (2)
Beginning on page 18, line 26 of the amendment, after "(1)" strike
all material through "premises." on page 19, line 3 and insert "It
shall be a ((misdemeanor)) class 3 civil infraction to use or display
medical ((marijuana)) cannabis in a manner or place which is open to
the view of the general public."
On page 25, line 10 of the amendment, after "order." insert "A licensed producer may also sell or deliver cannabis to the University of Washington or Washington State University for research purposes, as identified in section 1002 of this act."
On page 25, line 14 of the amendment, after "laboratory" insert ","
On page 25, line 15 of the amendment, after "order." insert "A licensed processor of cannabis products may also sell or deliver cannabis to the University of Washington or Washington State University for research purposes, as identified in section 1002 of this act."
Beginning on page 26, line 37 of the amendment, after "(2)(a)"
strike all material through "process." on page 27, line 13 and insert
"The secretary shall establish a maximum number of licensed dispensers
that may operate in each county. Prior to January 1, 2016, the maximum
number of licensed dispensers shall be based upon a ratio of one
licensed dispenser for every twenty thousand persons in a county. On
or after January 1, 2016, the secretary may adopt rules to adjust the
method of calculating the maximum number of dispensers to consider
additional factors, such as the number of enrollees in the registry
established in section 901 of this act and the secretary's experience
in administering the program. The secretary may not issue more
licenses than the maximum number of licenses established under this
section.
(b) In the event that the number of applicants qualifying for the
selection process exceeds the maximum number for a county, the
secretary shall initiate a random selection process established by the
secretary in rule."
On page 28, at the beginning of line 5 of the amendment, strike "licensed producer" and insert "law enforcement officer"
On page 28, beginning on line 5 of the amendment, after "order." insert "A licensed dispenser may also sell or deliver cannabis to the University of Washington or Washington State University for research purposes, as identified in section 1002 of this act."
On page 28, line 8 of the amendment, after "contacting" insert ", at least once in a one-year period,"
On page 28, beginning on line 15 of the amendment, after "care center," strike "or elementary or secondary school" and insert "elementary or secondary school,"
On page 32, line 4 of the amendment, after "seeking a" insert "nonvehicle"
On page 32, beginning on line 10 of the amendment, after "which"
strike all material through "investigation" on line 24 and insert ":
(a) The peace officer has observed evidence of an apparent cannabis
operation that is not a licensed producer, processor of cannabis
products, or dispenser;
(b) The peace officer has observed evidence of theft of electrical
power;
(c) The peace officer has observed evidence of illegal drugs other
than cannabis at the premises;
(d) The peace officer has observed frequent and numerous short-term
visits over an extended period that are consistent with commercial
activity, if the subject of the investigation is not a licensed
dispenser;
(e) The peace officer has observed violent crime or other
demonstrated dangers to the community;
(f) The peace officer has probable cause to believe the subject of
the investigation has committed a felony, or a misdemeanor in the
officer's presence, that does not relate to cannabis; or
(g) The subject of the investigation has an outstanding arrest
warrant"
On page 36, beginning on line 25 of the amendment, strike all of section 1102 and insert the following:
"NEW SECTION. Sec. 1102 (1) Cities and towns may adopt and
enforce any of the following pertaining to the production, processing,
or dispensing of cannabis or cannabis products within their
jurisdiction: Zoning requirements, business licensing requirements,
health and safety requirements, and business taxes. Nothing in this
act is intended to limit the authority of cities and towns to impose
zoning requirements or other conditions upon licensed dispensers, so
long as such requirements do not preclude the possibility of siting
licensed dispensers within the jurisdiction. If the jurisdiction has
no commercial zones, the jurisdiction is not required to adopt zoning
to accommodate licensed dispensers.
(2) Counties may adopt and enforce any of the following pertaining
to the production, processing, or dispensing of cannabis or cannabis
products within their jurisdiction in locations outside of the
corporate limits of any city or town: Zoning requirements, business
licensing requirements, and health and safety requirements. Nothing in
this act is intended to limit the authority of counties to impose
zoning requirements or other conditions upon licensed dispensers, so
long as such requirements do not preclude the possibility of siting
licensed dispensers within the jurisdiction. If the jurisdiction has
no commercial zones, the jurisdiction is not required to adopt zoning
to accommodate licensed dispensers."
On page 37, after line 5 of the amendment, insert the following:
"NEW SECTION. Sec. 1104 In the event that the federal government
authorizes the use of cannabis for medical purposes, within a year of
such action, the joint legislative audit and review committee shall
conduct a program and fiscal review of the cannabis production and
dispensing programs established in this chapter. The review shall
consider whether a distinct cannabis production and dispensing system
continues to be necessary when considered in light of the federal
action and make recommendations to the legislature."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 37, line 10 of the amendment, after "department" insert ", including local governments or jails,"
On page 37, line 14 of the amendment, after "department" insert ", including local governments or jails,"
On page 37, line 20 of the amendment, after "department" insert ", including local governments or jails,"
On page 39, line 10 of the amendment, after "department" insert "of health"
EFFECT: Specifies that the documented relationship between a
qualifying patient and health care professional may either be newly
initiated or existing and in the capacity of either a primary care
provider or a specialist.
Specifies that for qualifying patients in the registry to receive
search, arrest, and prosecution protections and qualifying patients not
in the registry, but with valid documentation, to receive custody and
booking and an affirmative defense at trial, the investigating police
officer must not have observed evidence of specified circumstances,
including an unlicensed cannabis operation, theft of electrical power,
other illegal drugs, numerous short-term visits consistent with
commercial activity, and noncannabis-related crimes.
Removes the prohibition against opening a package of cannabis or
consuming cannabis in a public place in a way that presents a
reasonable risk of another person observing and identifying the
substance. Restores current law that prohibits the use or display of
medical cannabis in a manner or place that is visible by the public and
makes it a class 3 civil infraction instead of a misdemeanor.
Specifies that, prior to January 1, 2016, the maximum number of
licensed dispensers in a county shall be based upon a ratio of 1
dispenser for every 20,000 residents. Provides that, on or after
January 1, 2016, the Secretary of Health may adopt rules to adjust the
method of determining the ratio to consider other factors.
Limits the requirement that a licensed dispenser contact a
qualifying patient's health care provider prior to selling him or her
cannabis, to contacting the health care professional once in a one-year
period.
Adds certain persons supervised by local governments and jails to
exemptions from search, arrest, and prosecution protections and the
affirmative defense for certain persons supervised by correctional
agencies and departments in cases of (1) possession of cannabis for
medical use exceeding legal limits, (2) possession of cannabis for
medical use without registration or the presentation of valid
documentation to police, and (3) possession of cannabis for medical use
by nonresidents.
Removes the requirement that local governments coordinate within
each county to meet the licensed dispenser allocations of the
Department of Health (DOH). Authorizes cities and towns to adopt
zoning, business licensing, health and safety, and business tax
requirements related to licensed producers, processors, and dispensers.
Authorizes counties to adopt zoning, business licensing, and health and
safety requirements related to licensed producers, processors, and
dispensers. Specifies that local government zoning authority is not
limited, except that they may not preclude licensed producers,
processors, or dispensers from siting within a jurisdiction.
Requires the Joint Legislative Audit and Review Committee to
conduct a review of the cannabis production and dispensing system in
the event that the federal government takes action to authorize the
medical use of cannabis.
Adds certain persons supervised by local governments and jails to
exemptions from participation in collective gardens and private
unlicensed cannabis production, possession, and transportation for
certain persons supervised by correctional agencies and departments.
Adds certain persons supervised by local governments and jails to
exemptions from licensure as a producer, processor, or dispenser of
cannabis for certain persons supervised by correctional agencies and
departments.
Adds law enforcement officers to the entities that may receive
cannabis from dispensers. Authorizes the sale of cannabis to the
University of Washington or Washington State University for research
purposes as specified elsewhere in the bill.
Applies the requirement that a peace officer make efforts to
determine a person's registration in the DOH registry prior to seeking
a search warrant to only nonvehicle search warrants, rather than all
search warrants.
Eliminates redundant references. Corrects grammatical errors.