5887-S3.E AMH CODY BLAC 168

E3SSB 5887 - H AMD TO H AMD (5887-S3.E AMH CODY BLAC 155) 983

By Representative Cody

    On page 7, line 34 of the striking amendment, after "RCW" strike "69.51A(7)" and insert "69.51A.010(7)"

    On page 8, line 8 of the striking amendment, after "use of" strike "cannabis" and insert "((cannabis)) marijuana"

    On page 10, beginning on line 25 of the striking amendment, after "by" strike "the liquor and cannabis board or"

    On page 14, beginning on line 2 of the striking amendment, after "liquor" strike "and cannabis" and insert "control"

    On page 16, after line 32 of the striking amendment, insert the following:

    "Sec. 10.  RCW 69.51A.043 and 2011 c 181 s 402 are each amended to read as follows:

    (1) A qualifying patient or designated provider who is not registered with the registry established in ((*section 901)) section 7 of this act may raise the affirmative defense set forth in subsection (2) of this section, if:

    (a) The qualifying patient or designated provider presents his or her valid documentation to any ((peace)) law enforcement officer who questions the patient or provider regarding his or her medical use of ((cannabis)) marijuana;

    (b) The qualifying patient or designated provider possesses no more ((cannabis)) marijuana than the limits set forth in RCW 69.51A.040(1);

    (c) The qualifying patient or designated provider is in compliance with all other terms and conditions of this chapter;

    (d) The investigating ((peace)) law enforcement officer does not have probable cause to believe that the qualifying patient or designated provider has committed a felony, or is committing a misdemeanor in the officer's presence, that does not relate to the medical use of ((cannabis)) marijuana; and

    (e) No outstanding warrant for arrest exists for the qualifying patient or designated provider((; and

(f) The investigating peace officer has not observed evidence of any of the circumstances identified in *section 901(4) of this act)).

    (2) A qualifying patient or designated provider who is not registered with the registry established in ((*section 901)) section 7 of this act, but who presents his or her valid documentation to any ((peace)) law enforcement officer who questions the patient or provider regarding his or her medical use of ((cannabis)) marijuana, may assert an affirmative defense to charges of violations of state law relating to ((cannabis)) marijuana through proof at trial, by a preponderance of the evidence, that he or she otherwise meets the requirements of RCW 69.51A.040.  A qualifying patient or designated provider meeting the conditions of this subsection but possessing more ((cannabis)) marijuana than the limits set forth in RCW 69.51A.040(1) may, in the investigating ((peace)) law enforcement officer's discretion, be taken into custody and booked into jail in connection with the investigation of the incident."

    Renumber the remaining sections consecutively and correct any internal references accordingly.

    On page 18, line 2 of the striking amendment, after "authorization" strike "care" and insert "card"

    On page 21, line 15 of the striking amendment, after "useable marijuana" strike "," and insert "or"

    On page 21, beginning on line 27 of the striking amendment, after "concentration,"" strike all material through "products,"" on line 28 and insert ""useable marijuana,""

    On page 22, line 20 of the striking amendment, after ""useable marijuana,"" strike "marijuana products,"

    On page 23, beginning on line 13 of the striking amendment, after "exemptions for" strike all material through "marijuana-infused" and insert "useable marijuana, and marijuana"

EFFECT:   Corrects grammatical, typographical, and referential errors.  Eliminates references to "marijuana concentrates."

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