BILL REQ. #:  H-1105.1 

Read first time 02/05/13.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to the medical use of cannabis; and amending RCW 69.51A.010, and 69.51A.040.

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

Sec. 1   RCW 69.51A.010 and 2010 c 284 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Cannabis" means all parts of the plant Cannabis having a THC concentration greater than three-tenths of one percent, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. For the purposes of this chapter, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" includes cannabis products and useable cannabis.
     (2) "Cannabis products" means products that contain cannabis or cannabis extracts, have a measurable THC concentration greater than three-tenths of one percent, and are intended for human consumption or application, including, but not limited to, edible products, tinctures, and lotions. "Cannabis products" does not include useable cannabis.
     (3) "Designated provider" means a person who:
     (a) Is eighteen years of age or older;
     (b) Has been designated in writing by a patient to serve as a designated provider under this chapter;
     (c) Is prohibited from consuming ((marijuana)) cannabis obtained for the personal, medical use of the patient for whom the individual is acting as designated provider; and
     (d) Is the designated provider to only one patient at any one time.
     (((2))) (4) "Dispense" means the selection, measuring, packaging, labeling, delivery, or sale of cannabis by a licensed access point, licensed processor, licensed producer, or collective garden, to a qualifying patient, designated provider, licensed access point, licensed processor, or licensed producer.
     (5) "Health care professional," for purposes of this chapter only, means a physician licensed under chapter 18.71 RCW, a physician assistant licensed under chapter 18.71A RCW, an osteopathic physician licensed under chapter 18.57 RCW, an osteopathic physicians' assistant licensed under chapter 18.57A RCW, a naturopath licensed under chapter 18.36A RCW, or an advanced registered nurse practitioner licensed under chapter 18.79 RCW.
     (((3))) (6) "Labeling" means all labels or other written, printed, or graphic matter:
     (a) Upon any cannabis intended for medical use; or
     (b) Accompanying such cannabis.
     (7) "Licensed access point" means a person or entity with a Washington state business license that retails cannabis for medical use to qualifying patients and designated providers.
     (8) "Licensed processor" means a person or entity with a Washington state business license, that processes, handles, or labels cannabis products for wholesale to licensed access points and retails cannabis for medical use to qualifying patients and designated providers.
     (9) "Licensed producer" means a person or entity with a Washington state business license that manufactures, produces, processes, handles, or labels cannabis for wholesale to licensed access points and licensed processors and retails cannabis for medical use to qualifying patients and designated providers.
     (10) "Medical use of ((marijuana)) cannabis" means the manufacture, production, possession, transportation, delivery, ingestion, application, or administration of ((marijuana, as defined in RCW 69.50.101(q),)) cannabis for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating ((illness)) medical condition.
     (((4))) (11) "Plant" means an organism having at least three distinguishable and distinct leaves, each leaf being at least three centimeters in diameter, and a readily observable root formation consisting of at least two separate and distinct roots, each being at least two centimeters in length. Multiple stalks emanating from the same root ball or root system is considered part of the same single plant.
     (12) "Process" means to label, handle, or process cannabis in preparation for medical use.
     (13) "Produce" means to plant, grow, harvest, process, store, handle, package, or label cannabis for medical use.
     (14) "Qualifying patient" means a person who:
     (a) Is a patient of a health care professional;
     (b) Has been diagnosed by that health care professional 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 health care professional about the risks and benefits of the medical use of ((marijuana)) cannabis; and
     (e) Has been advised by that health care professional that they may benefit from the medical use of ((marijuana)) cannabis.
     (((5))) (15) "Tamper-resistant paper" means paper that meets one or more of the following industry-recognized features:
     (a) One or more features designed to prevent copying of the paper;
     (b) One or more features designed to prevent the erasure or modification of information on the paper; or
     (c) One or more features designed to prevent the use of counterfeit valid documentation.
     (((6))) (16) "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) Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; or
     (e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or
     (f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; or
     (g) Any other medical condition duly approved by the Washington state medical quality assurance commission in consultation with the board of osteopathic medicine and surgery as directed in this chapter.
     (((7))) (17) "THC concentration" means percent of tetrahydrocannabinol content per weight or volume of useable cannabis or cannabis product.
     (18) "Useable cannabis" means dried flowers of the Cannabis plant having a THC concentration greater than three-tenths of one percent. Useable cannabis excludes stems, stalks, leaves, seeds, and roots. For purposes of this subsection, "dried" means containing less than fifteen percent moisture content by weight. "Useable cannabis" does not include cannabis products. "Useable cannabis," as a measurement of THC concentration, only applies to the provisions of this chapter and is not considered applicable to any other criminal laws related to cannabis.
     (19) "Valid documentation" means:
     (a) A statement signed and dated by a qualifying patient's health care professional written on tamper-resistant paper, which states that, in the health care professional's professional opinion, the patient may benefit from the medical use of ((marijuana)) cannabis; and
     (b) Proof of identity such as a Washington state driver's license or identicard, as defined in RCW 46.20.035.

Sec. 2   RCW 69.51A.040 and 2011 c 181 s 401 are each amended to read as follows:
     The medical use of cannabis in accordance with the terms and conditions of this chapter does not constitute a crime and a qualifying patient ((or)), designated provider, licensed access point, licensed producer, or licensed processor in compliance with the terms and conditions of this chapter may not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences, for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver, cannabis under state law, or have real or personal property seized or forfeited for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver, cannabis under state law, and investigating peace officers and law enforcement agencies may not be held civilly liable for failure to seize cannabis in this circumstance, if:
     (1)(a) The qualifying patient or designated provider possesses no more than fifteen cannabis plants and:
     (i) No more than twenty-four ounces of useable cannabis;
     (ii) No more cannabis product than what could reasonably be produced with no more than twenty-four ounces of useable cannabis; or
     (iii) A combination of useable cannabis and cannabis product that does not exceed a combined total representing possession and processing of no more than twenty-four ounces of useable cannabis.
     (b) If a person is both a qualifying patient and a designated provider for another qualifying patient, the person may possess no more than twice the amounts described in (a) of this subsection, whether the plants, useable cannabis, and cannabis product are possessed individually or in combination between the qualifying patient and his or her designated provider;
     (2) The qualifying patient or designated provider presents his or her ((proof of registration with the department of health,)) valid documentation to any peace officer who questions the patient or provider regarding his or her medical use of cannabis;
     (3) The qualifying patient or designated provider keeps a copy of his or her ((proof of registration with the registry established in section 901 of this act)) valid documentation and the qualifying patient or designated provider's contact information ((posted prominently next to)) available at all times on the premises where any cannabis plants, cannabis products, or useable cannabis is located ((at his or her residence));
     (4) The investigating peace officer does not possess evidence that:
     (a) The designated provider has converted cannabis produced or obtained for the qualifying patient for his or her own personal use or benefit; or
     (b) The qualifying patient has converted cannabis produced or obtained for his or her own medical use to the qualifying patient's personal, nonmedical use or benefit;
     (5) The investigating peace officer does not possess evidence that the designated provider has served as a designated provider to more than one qualifying patient within a fifteen-day period; and
     (6) The ((investigating peace officer has not observed evidence of any of the circumstances identified in section 901(4) of this act)) licensed access point, licensed producer, or licensed processor must:
     (a) Verify that the qualifying patient or their designated provider has valid documentation; and
     (b) Keep records of all transactions.