BILL REQ. #: S-3937.2
| State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 01/24/14.
AN ACT Relating to merging the medical marijuana system with the recreational marijuana system; amending RCW 66.08.012, 69.50.342, 69.50.345, 69.50.354, 69.50.357, 69.50.360, 69.50.4013, 69.50.535, 69.50.540, 70.47.030, 28B.20.502, 69.51A.005, 69.51A.010, 69.51A.030, 69.51A.040, 69.51A.045, 69.51A.055, 69.51A.060, 69.51A.070, 69.51A.100, 69.51A.110, and 69.51A.120; reenacting and amending RCW 69.50.101; adding new sections to chapter 69.50 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding new sections to chapter 69.51A RCW; adding a new section to chapter 42.56 RCW; creating a new section; repealing RCW 69.51A.020, 69.51A.025, 69.51A.043, 69.51A.047, 69.51A.200, 69.51A.085, 69.51A.090, and 69.51A.140; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 66.08.012 and 2012 c 117 s 265 are each amended to
read as follows:
There shall be a board, known as the "Washington state ((liquor))
substance control board," consisting of three members, to be appointed
by the governor, with the consent of the senate, who shall each be paid
an annual salary to be fixed by the governor in accordance with the
provisions of RCW 43.03.040. The governor may, in his or her
discretion, appoint one of the members as chair of the board, and a
majority of the members shall constitute a quorum of the board.
Sec. 2 RCW 69.50.101 and 2013 c 276 s 2 and 2013 c 116 s 1 are
each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, definitions of terms
shall be as indicated where used in this chapter:
(a) "Administer" means to apply a controlled substance, whether by
injection, inhalation, ingestion, or any other means, directly to the
body of a patient or research subject by:
(1) a practitioner authorized to prescribe (or, by the
practitioner's authorized agent); or
(2) the patient or research subject at the direction and in the
presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor, or dispenser. It does
not include a common or contract carrier, public warehouseperson, or
employee of the carrier or warehouseperson.
(c) (("Board")) "Commission" means the ((state board of)) pharmacy
quality assurance commission.
(d) "Controlled substance" means a drug, substance, or immediate
precursor included in Schedules I through V as set forth in federal or
state laws, or federal or ((board)) commission rules.
(e)(1) "Controlled substance analog" means a substance the chemical
structure of which is substantially similar to the chemical structure
of a controlled substance in Schedule I or II and:
(i) that has a stimulant, depressant, or hallucinogenic effect on
the central nervous system substantially similar to the stimulant,
depressant, or hallucinogenic effect on the central nervous system of
a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual
represents or intends to have a stimulant, depressant, or
hallucinogenic effect on the central nervous system substantially
similar to the stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance included in Schedule
I or II.
(2) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug
application;
(iii) a substance with respect to which an exemption is in effect
for investigational use by a particular person under Section 505 of the
federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent
conduct with respect to the substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human consumption
before an exemption takes effect with respect to the substance.
(f) "Deliver" or "delivery," means the actual or constructive
transfer from one person to another of a substance, whether or not
there is an agency relationship.
(g) "Department" means the department of health.
(h) "Dispense" means the interpretation of a prescription or order
for a controlled substance and, pursuant to that prescription or order,
the proper selection, measuring, compounding, labeling, or packaging
necessary to prepare that prescription or order for delivery.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver other than by administering or
dispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means (1) a controlled substance recognized as a drug in
the official United States pharmacopoeia/national formulary or the
official homeopathic pharmacopoeia of the United States, or any
supplement to them; (2) controlled substances intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in
individuals or animals; (3) controlled substances (other than food)
intended to affect the structure or any function of the body of
individuals or animals; and (4) controlled substances intended for use
as a component of any article specified in (1), (2), or (3) of this
subsection. The term does not include devices or their components,
parts, or accessories.
(m) "Drug enforcement administration" means the drug enforcement
administration in the United States Department of Justice, or its
successor agency.
(n) "Electronic communication of prescription information" means
the transmission of a prescription or refill authorization for a drug
of a practitioner using computer systems. The term does not include a
prescription or refill authorization verbally transmitted by telephone
nor a facsimile manually signed by the practitioner.
(o) "Immediate precursor" means a substance:
(1) that the ((state board of)) pharmacy quality assurance
commission has found to be and by rule designates as being the
principal compound commonly used, or produced primarily for use, in the
manufacture of a controlled substance;
(2) that is an immediate chemical intermediary used or likely to be
used in the manufacture of a controlled substance; and
(3) the control of which is necessary to prevent, curtail, or limit
the manufacture of the controlled substance.
(p) "Isomer" means an optical isomer, but in subsection (y)(5) of
this section, RCW 69.50.204(a) (12) and (34), and 69.50.206(b)(4), the
term includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42),
and 69.50.210(c) the term includes any positional isomer; and in RCW
69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any
positional or geometric isomer.
(q) "Lot" means a definite quantity of marijuana, useable
marijuana, or marijuana-infused product identified by a lot number,
every portion or package of which is uniform within recognized
tolerances for the factors that appear in the labeling.
(r) "Lot number" shall identify the licensee by business or trade
name and Washington state unified business identifier number, and the
date of harvest or processing for each lot of marijuana, useable
marijuana, or marijuana-infused product.
(s) "Manufacture" means the production, preparation, propagation,
compounding, conversion, or processing of a controlled substance,
either directly or indirectly or by extraction from substances of
natural origin, or independently by means of chemical synthesis, or by
a combination of extraction and chemical synthesis, and includes any
packaging or repackaging of the substance or labeling or relabeling of
its container. The term does not include the preparation, compounding,
packaging, repackaging, labeling, or relabeling of a controlled
substance:
(1) by a practitioner as an incident to the practitioner's
administering or dispensing of a controlled substance in the course of
the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized agent
under the practitioner's supervision, for the purpose of, or as an
incident to, research, teaching, or chemical analysis and not for sale.
(t) "Marijuana" or "marihuana" means all parts of the plant
Cannabis, whether growing or not, with a THC concentration greater than
0.3 percent on a dry weight basis; 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. The term 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.
(u) "Marijuana processor" means a person licensed by the state
((liquor)) substance control board to process marijuana into useable
marijuana and marijuana-infused products, package and label useable
marijuana and marijuana-infused products for sale in retail outlets,
and sell useable marijuana and marijuana-infused products at wholesale
to marijuana retailers.
(v) "Marijuana producer" means a person licensed by the state
((liquor)) substance control board to produce and sell marijuana at
wholesale to marijuana processors and other marijuana producers.
(w) "Marijuana-infused products" means products that contain
marijuana or marijuana extracts and are intended for human use. The
term "marijuana-infused products" does not include useable marijuana.
(x) "Marijuana retailer" means a person licensed by the state
((liquor)) substance control board to sell useable marijuana and
marijuana-infused products in a retail outlet.
(y) "Narcotic drug" means any of the following, whether produced
directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis:
(1) Opium, opium derivative, and any derivative of opium or opium
derivative, including their salts, isomers, and salts of isomers,
whenever the existence of the salts, isomers, and salts of isomers is
possible within the specific chemical designation. The term does not
include the isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate,
including their isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, whenever the existence of the isomers, esters,
ethers, and salts is possible within the specific chemical designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives or ecgonine or their
salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer
thereof.
(8) Any compound, mixture, or preparation containing any quantity
of any substance referred to in subparagraphs (1) through (7).
(z) "Opiate" means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of
conversion into a drug having addiction-forming or addiction-sustaining
liability. The term includes opium, substances derived from opium
(opium derivatives), and synthetic opiates. The term does not include,
unless specifically designated as controlled under RCW 69.50.201, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). The term includes the racemic and levorotatory
forms of dextromethorphan.
(aa) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(bb) "Person" means individual, corporation, business trust,
estate, trust, partnership, association, joint venture, government,
governmental subdivision or agency, or any other legal or commercial
entity.
(cc) "Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
(dd) "Practitioner" means:
(1) A physician under chapter 18.71 RCW; a physician assistant
under chapter 18.71A RCW; an osteopathic physician and surgeon under
chapter 18.57 RCW; an osteopathic physician assistant under chapter
18.57A RCW who is licensed under RCW 18.57A.020 subject to any
limitations in RCW 18.57A.040; an optometrist licensed under chapter
18.53 RCW who is certified by the optometry board under RCW 18.53.010
subject to any limitations in RCW 18.53.010; a dentist under chapter
18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW;
a veterinarian under chapter 18.92 RCW; a registered nurse, advanced
registered nurse practitioner, or licensed practical nurse under
chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW
who is licensed under RCW 18.36A.030 subject to any limitations in RCW
18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific
investigator under this chapter, licensed, registered or otherwise
permitted insofar as is consistent with those licensing laws to
distribute, dispense, conduct research with respect to or administer a
controlled substance in the course of their professional practice or
research in this state.
(2) A pharmacy, hospital or other institution licensed, registered,
or otherwise permitted to distribute, dispense, conduct research with
respect to or to administer a controlled substance in the course of
professional practice or research in this state.
(3) A physician licensed to practice medicine and surgery, a
physician licensed to practice osteopathic medicine and surgery, a
dentist licensed to practice dentistry, a podiatric physician and
surgeon licensed to practice podiatric medicine and surgery, a licensed
physician assistant or a licensed osteopathic physician assistant
specifically approved to prescribe controlled substances by his or her
state's medical quality assurance commission or equivalent and his or
her supervising physician, an advanced registered nurse practitioner
licensed to prescribe controlled substances, or a veterinarian licensed
to practice veterinary medicine in any state of the United States.
(ee) "Prescription" means an order for controlled substances issued
by a practitioner duly authorized by law or rule in the state of
Washington to prescribe controlled substances within the scope of his
or her professional practice for a legitimate medical purpose.
(ff) "Production" includes the manufacturing, planting,
cultivating, growing, or harvesting of a controlled substance.
(gg) "Retail outlet" means a location licensed by the state
((liquor)) substance control board for the retail sale of useable
marijuana and marijuana-infused products.
(hh) "Secretary" means the secretary of health or the secretary's
designee.
(ii) "State," unless the context otherwise requires, means a state
of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, or a territory or insular possession subject to the
jurisdiction of the United States.
(jj) "THC concentration" means percent of delta-9
tetrahydrocannabinol content per dry weight of any part of the plant
Cannabis, or per volume or weight of marijuana product, or the combined
percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid
in any part of the plant Cannabis regardless of moisture content.
(kk) "Ultimate user" means an individual who lawfully possesses a
controlled substance for the individual's own use or for the use of a
member of the individual's household or for administering to an animal
owned by the individual or by a member of the individual's household.
(ll) "Useable marijuana" means dried marijuana flowers. The term
"useable marijuana" does not include marijuana-infused products.
(mm) "Authorization card" has the meaning provided in RCW
69.51A.010.
(nn) "Designated provider" has the meaning provided in RCW
69.51A.010.
(oo) "Health care professional" has the meaning provided in RCW
69.51A.010.
(pp) "Qualifying patient" has the meaning provided in RCW
69.51A.010.
Sec. 3 RCW 69.50.342 and 2013 c 3 s 9 (Initiative Measure No.
502) are each amended to read as follows:
For the purpose of carrying into effect the provisions of chapter
3, Laws of 2013 according to their true intent or of supplying any
deficiency therein, the state ((liquor)) substance control board may
adopt rules not inconsistent with the spirit of chapter 3, Laws of 2013
as are deemed necessary or advisable. Without limiting the generality
of the preceding sentence, the state ((liquor)) substance control board
is empowered to adopt rules regarding the following:
(1) The equipment and management of retail outlets and premises
where marijuana is produced or processed, and inspection of the retail
outlets and premises;
(2) The books and records to be created and maintained by
licensees, the reports to be made thereon to the state ((liquor))
substance control board, and inspection of the books and records;
(3) Methods of producing, processing, and packaging marijuana,
useable marijuana, and marijuana-infused products; conditions of
sanitation; and standards of ingredients, quality, and identity of
marijuana, useable marijuana, and marijuana-infused products produced,
processed, packaged, or sold by licensees;
(4) Security requirements for retail outlets and premises where
marijuana is produced or processed, and safety protocols for licensees
and their employees;
(5) Screening, hiring, training, and supervising employees of
licensees;
(6) Retail outlet locations and hours of operation;
(7) Labeling requirements and restrictions on advertisement of
marijuana, useable marijuana, and marijuana-infused products;
(8) Forms to be used for purposes of chapter 3, Laws of 2013 or the
rules adopted to implement and enforce it, the terms and conditions to
be contained in licenses issued under chapter 3, Laws of 2013, and the
qualifications for receiving a license issued under chapter 3, Laws of
2013, including a criminal history record information check. The state
((liquor)) substance control board may submit any criminal history
record information check to the Washington state patrol and to the
identification division of the federal bureau of investigation in order
that these agencies may search their records for prior arrests and
convictions of the individual or individuals who filled out the forms.
The state ((liquor)) substance control board shall require
fingerprinting of any applicant whose criminal history record
information check is submitted to the federal bureau of investigation;
(9) Application, reinstatement, and renewal fees for licenses
issued under chapter 3, Laws of 2013, and fees for anything done or
permitted to be done under the rules adopted to implement and enforce
chapter 3, Laws of 2013;
(10) The manner of giving and serving notices required by chapter
3, Laws of 2013 or rules adopted to implement or enforce it;
(11) Times and periods when, and the manner, methods, and means by
which, licensees shall transport and deliver marijuana, useable
marijuana, and marijuana-infused products within the state;
(12) Identification, seizure, confiscation, destruction, or
donation to law enforcement for training purposes of all marijuana,
useable marijuana, and marijuana-infused products produced, processed,
sold, or offered for sale within this state which do not conform in all
respects to the standards prescribed by chapter 3, Laws of 2013 or the
rules adopted to implement and enforce it((: PROVIDED, That nothing in
chapter 3, Laws of 2013 shall be construed as authorizing the state
liquor control board to seize, confiscate, destroy, or donate to law
enforcement marijuana, useable marijuana, or marijuana-infused products
produced, processed, sold, offered for sale, or possessed in compliance
with the Washington state medical use of cannabis act,)) or chapter
69.51A RCW.
Sec. 4 RCW 69.50.345 and 2013 c 3 s 10 (Initiative Measure No.
502) are each amended to read as follows:
The state ((liquor)) substance control board, subject to the
provisions of this chapter ((3, Laws of 2013)), must adopt rules ((by
December 1, 2013,)) that establish the procedures and criteria
necessary to implement the following:
(1) Licensing of marijuana producers, marijuana processors, and
marijuana retailers, including prescribing forms and establishing
application, reinstatement, and renewal fees;
(2) Determining, in consultation with the office of financial
management, the maximum number of retail outlets that may be licensed
in each county, taking into consideration:
(a) Population distribution;
(b) Security and safety issues; ((and))
(c) The provision of adequate access to licensed sources of useable
marijuana and marijuana-infused products to discourage purchases from
the illegal market; and
(d) The number of marijuana retail stores holding medical marijuana
endorsements necessary to meet the medical needs of qualifying patients
and allowing for a number of such stores to be solely medical;
(3) Determining how licenses will be allocated to applicants must
include a preference for those stores who are applying for a medical
marijuana endorsement and who intend to be solely medical;
(4) Determining the maximum quantity of marijuana a marijuana
producer may have on the premises of a licensed location at any time
without violating Washington state law;
(((4))) (5) Determining the maximum quantities of marijuana,
useable marijuana, and marijuana-infused products a marijuana processor
may have on the premises of a licensed location at any time without
violating Washington state law;
(((5))) (6) Determining the maximum quantities of useable marijuana
and marijuana-infused products a marijuana retailer may have on the
premises of a retail outlet at any time without violating Washington
state law;
(((6))) (7) In making the determinations required by subsections
(((3))) (4) through (((5))) (6) of this section, the state ((liquor))
substance control board shall take into consideration:
(a) Security and safety issues;
(b) The provision of adequate access to licensed sources of
marijuana, useable marijuana, and marijuana-infused products to
discourage purchases from the illegal market; and
(c) Economies of scale, and their impact on licensees' ability to
both comply with regulatory requirements and undercut illegal market
prices;
(((7))) (8) Determining the nature, form, and capacity of all
containers to be used by licensees to contain marijuana, useable
marijuana, and marijuana-infused products, and their labeling
requirements, to include but not be limited to:
(a) The business or trade name and Washington state unified
business identifier number of the licensees that grew, processed, and
sold the marijuana, useable marijuana, or marijuana-infused product;
(b) Lot numbers of the marijuana, useable marijuana, or marijuana-infused product;
(c) THC concentration of the marijuana, useable marijuana, or
marijuana-infused product;
(d) Medically and scientifically accurate information about the
health and safety risks posed by marijuana use; and
(e) Language required by RCW 69.04.480;
(((8))) (9) In consultation with the department of agriculture,
establishing classes of marijuana, useable marijuana, and marijuana-infused products according to grade, condition, cannabinoid profile,
THC concentration, or other qualitative measurements deemed appropriate
by the state ((liquor)) substance control board;
(((9))) (10) Establishing reasonable time, place, and manner
restrictions and requirements regarding advertising of marijuana,
useable marijuana, and marijuana-infused products that are not
inconsistent with the provisions of this chapter ((3, Laws of 2013)),
taking into consideration:
(a) Federal laws relating to marijuana that are applicable within
Washington state;
(b) Minimizing exposure of people under twenty-one years of age to
the advertising; and
(c) The inclusion of medically and scientifically accurate
information about the health and safety risks posed by marijuana use in
the advertising;
(((10))) (11) Specifying and regulating the time and periods when,
and the manner, methods, and means by which, licensees shall transport
and deliver marijuana, useable marijuana, and marijuana-infused
products within the state;
(((11))) (12) In consultation with the department and the
department of agriculture, establishing accreditation requirements for
testing laboratories used by licensees to demonstrate compliance with
standards adopted by the state ((liquor)) substance control board, and
prescribing methods of producing, processing, and packaging marijuana,
useable marijuana, and marijuana-infused products; conditions of
sanitation; and standards of ingredients, quality, and identity of
marijuana, useable marijuana, and marijuana-infused products produced,
processed, packaged, or sold by licensees;
(((12))) (13) Specifying procedures for identifying, seizing,
confiscating, destroying, and donating to law enforcement for training
purposes all marijuana, useable marijuana, and marijuana-infused
products produced, processed, packaged, labeled, or offered for sale in
this state that do not conform in all respects to the standards
prescribed by this chapter ((3, Laws of 2013)) or the rules of the
state ((liquor)) substance control board.
Sec. 5 RCW 69.50.354 and 2013 c 3 s 13 (Initiative Measure No.
502) are each amended to read as follows:
There may be licensed, in no greater number in each of the counties
of the state than as the state ((liquor)) substance control board shall
deem advisable, retail outlets established for the purpose of making
useable marijuana and marijuana-infused products available for sale to
adults aged twenty-one and over and for qualifying patients aged
eighteen and older under RCW 69.50.357. Retail sale of useable
marijuana and marijuana-infused products in accordance with the
provisions of this chapter ((3, Laws of 2013)) and chapter 69.51A RCW
and the rules adopted to implement and enforce ((it)) this chapter, by
a validly licensed marijuana retailer or retail outlet employee, shall
not be a criminal or civil offense under Washington state law.
NEW SECTION. Sec. 6 A new section is added to chapter 69.50 RCW
to read as follows:
(1) A marijuana retailer may apply for an endorsement to sell
useable marijuana and marijuana-infused products to:
(a) Qualifying patients aged eighteen or older who hold a valid
authorization card; and
(b) Designated providers aged twenty-one or older who hold a valid
authorization card.
(2) To be issued an endorsement, a marijuana retailer must:
(a) Indicate on its application whether the retailer intends to
sell useable marijuana and marijuana-infused products to: (i) Both the
recreational markets in compliance with this chapter and the medical
market in compliance with chapter 69.51A RCW; or (ii) only the medical
market in compliance with chapter 69.51A RCW;
(b) Not authorize qualifying patients at the retail location or
permit health care professionals to provide authorizations to
qualifying patients at the retail location;
(c) Carry useable marijuana and marijuana-infused products with a
cannabidiol level identified by the department under subsection (3) of
this section;
(d) Not use labels or market useable marijuana or marijuana-infused
products in a way that make them intentionally attractive to minors or
recreational users; and
(e) Meet other requirements as adopted by rule of the department or
the state substance control board.
(3) The department must adopt rules on requirements for marijuana
and marijuana-infused products that may be sold to qualifying patients
under an endorsement. These rules must include THC concentration or
cannabidiol concentration appropriate for marijuana or marijuana-infused products sold to qualifying patients and that the labels
attached to marijuana or marijuana-infused products contain THC
concentration and cannabidiol concentration amounts.
(4) A marijuana retailer holding an endorsement to sell marijuana
to qualifying patients may consult the medical marijuana registry
established in section 24 of this act for the sole purpose of
confirming the validity of qualifying patient or designated provider
authorization cards.
Sec. 7 RCW 69.50.357 and 2013 c 3 s 14 (Initiative Measure No.
502) are each amended to read as follows:
(1) Retail outlets shall sell no products or services other than
useable marijuana, marijuana-infused products, or paraphernalia
intended for the storage or use of useable marijuana or marijuana-infused products.
(2) Except as provided in (a) and (b) of this subsection, licensed
marijuana retailers shall not employ persons under twenty-one years of
age or allow persons under twenty-one years of age to enter or remain
on the premises of a retail outlet.
(a) Marijuana retailers that hold a medical marijuana endorsement
and are licensed to only sell medical marijuana may allow qualifying
patients who hold valid authorization cards and are between the ages of
eighteen and twenty-one to enter or remain on the premises and may
allow qualifying patients with valid authorization cards under the age
of eighteen to enter or remain on the premises if those minor patients
are with their parent or guardian who also holds a valid authorization
card; and
(b) Marijuana retailers that hold a medical marijuana endorsement
and are licensed to sell marijuana for both medical and recreational
use, may allow qualifying patients aged eighteen years of age or older
to enter or remain on the premises of a retail outlet if they possess
a valid authorization card.
(3) Licensed marijuana retailers shall not display any signage in
a window, on a door, or on the outside of the premises of a retail
outlet that is visible to the general public from a public right-of-way, other than a single sign no larger than one thousand six hundred
square inches identifying the retail outlet by the licensee's business
or trade name. Marijuana retailers who hold a medical marijuana
endorsement may so indicate on the sign by adding a green cross to the
sign.
(4) Licensed marijuana retailers shall not display useable
marijuana or marijuana-infused products in a manner that is visible to
the general public from a public right-of-way.
(5) No licensed marijuana retailer or employee of a retail outlet
shall open or consume, or allow to be opened or consumed, any useable
marijuana or marijuana-infused product on the outlet premises.
(6) The state ((liquor)) substance control board shall fine a
licensee one thousand dollars for each violation of any subsection of
this section. Fines collected under this section must be deposited
into the dedicated marijuana fund created under RCW 69.50.530.
Sec. 8 RCW 69.50.360 and 2013 c 3 s 15 (Initiative Measure No.
502) are each amended to read as follows:
The following acts, when performed by a validly licensed marijuana
retailer or employee of a validly licensed retail outlet in compliance
with rules adopted by the state ((liquor)) substance control board to
implement and enforce this chapter ((3, Laws of 2013)), shall not
constitute criminal or civil offenses under Washington state law:
(1) Purchase and receipt of useable marijuana or marijuana-infused
products that have been properly packaged and labeled from a marijuana
processor validly licensed under this chapter ((3, Laws of 2013));
(2) Possession of quantities of useable marijuana or marijuana-infused products that do not exceed the maximum amounts established by
the state ((liquor)) substance control board under RCW 69.50.345(((5)))
(6); ((and))
(3) Except as provided in subsection (4) of this section, delivery,
distribution, and sale, on the premises of the retail outlet, of any
combination of the following amounts of useable marijuana or marijuana-infused product to any person twenty-one years of age or older:
(a) One ounce of useable marijuana;
(b) Sixteen ounces of marijuana-infused product in solid form; or
(c) Seventy-two ounces of marijuana-infused product in liquid form;
and
(4) Delivery, distribution, and sale, on the premises of the retail
outlet holding a medical marijuana endorsement, of any combination of
the following amounts of useable marijuana or marijuana-infused product
to a qualifying patient holding a valid authorization card who is
eighteen years of age or older or a designated provider holding a valid
authorization card:
(a) Three ounces of useable marijuana;
(b) Forty-eight ounces of marijuana-infused product in solid form;
(c) Two hundred sixteen ounces of marijuana-infused product in
liquid form.
Sec. 9 RCW 69.50.4013 and 2013 c 3 s 20 (Initiative Measure No.
502) are each amended to read as follows:
(1) It is unlawful for any person to possess a controlled substance
unless the substance was obtained directly from, or pursuant to, a
valid prescription or order of a practitioner while acting in the
course of his or her professional practice, or except as otherwise
authorized by this chapter.
(2) Except as provided in RCW 69.50.4014, any person who violates
this section is guilty of a class C felony punishable under chapter
9A.20 RCW.
(3)(a) The possession, by a person twenty-one years of age or
older, of useable marijuana or marijuana-infused products in amounts
that do not exceed those set forth in RCW 69.50.360(3) is not a
violation of this section, this chapter, or any other provision of
Washington state law.
(b) The possession by a qualifying patient or designated provider
of useable marijuana, marijuana-infused products, or plants, as that
term is defined in RCW 69.51A.010, in accordance with section 21 of
this act is not a violation of this section, this chapter, or any other
provision of Washington state law.
Sec. 10 RCW 69.50.535 and 2013 c 3 s 27 (Initiative Measure No.
502) are each amended to read as follows:
(1) There is levied and collected a marijuana excise tax equal to
twenty-five percent of the selling price on each wholesale sale in this
state of marijuana by a licensed marijuana producer to a licensed
marijuana processor or another licensed marijuana producer. This tax
is the obligation of the licensed marijuana producer.
(2) There is levied and collected a marijuana excise tax equal to
twenty-five percent of the selling price on each wholesale sale in this
state of useable marijuana or marijuana-infused product by a licensed
marijuana processor to a licensed marijuana retailer. This tax is the
obligation of the licensed marijuana processor.
(3) Except as provided in subsection (4) of this section, there is
levied and collected a marijuana excise tax equal to twenty-five
percent of the selling price on each retail sale in this state of
useable marijuana and marijuana-infused products. This tax is the
obligation of the licensed marijuana retailer, is separate and in
addition to general state and local sales and use taxes that apply to
retail sales of tangible personal property, and is part of the total
retail price to which general state and local sales and use taxes
apply.
(4) Subsection (3) of this section does not apply to the retail
sale of useable marijuana or marijuana-infused products by marijuana
retailers who hold medical marijuana endorsements to qualified patients
or designated providers who hold authorization cards. The exemption in
this subsection applies only if the selling price of the useable
marijuana or marijuana-infused product charged to a person holding an
authorization card is reduced by at least twenty-five percent, as
compared with the selling price of the useable marijuana or marijuana-infused product that is charged to any person not holding an
authorization card. If the same product is not sold to persons who do
not hold an authorization card, the seller must establish to the
satisfaction of the substance control board that the benefit of the
exemption provided in this subsection has been passed on to the buyer.
(5) All revenues collected from the marijuana excise taxes imposed
under subsections (1) through (3) of this section shall be deposited
each day in a depository approved by the state treasurer and
transferred to the state treasurer to be credited to the dedicated
marijuana fund.
(((5))) (6) The state ((liquor)) substance control board shall
regularly review the tax levels established under this section and make
recommendations to the legislature as appropriate regarding adjustments
that would further the goal of discouraging use while undercutting
illegal market prices.
NEW SECTION. Sec. 11 A new section is added to chapter 82.08 RCW
to read as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to:
(a) Sales of useable marijuana or marijuana-infused products by
marijuana retailers who hold medical marijuana endorsements under
section 6 of this act to qualifying patients or designated providers
who hold authorization cards; or
(b) The sale of marijuana by collective gardens under RCW
69.51A.085 until July 30, 2016.
(2) For the purposes of this section, the terms "useable
marijuana," "marijuana-infused products," and "marijuana retailers"
have the meaning provided in RCW 69.50.101 and the terms "qualifying
patients," "designated providers," and "authorization card" have the
meaning provided in RCW 69.51A.010.
NEW SECTION. Sec. 12 A new section is added to chapter 82.12 RCW
to read as follows:
(1) The provisions of this chapter shall not apply to use of
useable marijuana or marijuana-infused products by:
(a) Qualifying patients or designated providers who hold
authorization cards; or
(b) Marijuana retailers who hold a medical marijuana endorsement
under chapter 69.50 RCW with respect to useable marijuana or marijuana-infused products if such marijuana or product is provided at no charge
to a qualifying patient or designated provider who holds an
authorization card.
(2) For the purposes of this section, the terms "useable
marijuana," "marijuana-infused products," and "marijuana retailers"
have the meaning provided in RCW 69.50.101 and the terms "qualifying
patients," "designated providers," and "authorization card" have the
meaning provided in RCW 69.51A.010.
Sec. 13 RCW 69.50.540 and 2013 c 3 s 28 (Initiative Measure No.
502) are each amended to read as follows:
All marijuana excise taxes collected from sales of marijuana,
useable marijuana, and marijuana-infused products under RCW 69.50.535,
and the license fees, penalties, and forfeitures derived under chapter
3, Laws of 2013 from marijuana producer, marijuana processor, and
marijuana retailer licenses shall every three months be disbursed by
the state ((liquor)) substance control board as follows:
(1)(a) Fifteen percent of the excise tax collected from marijuana
retailers under RCW 69.50.535(3) to counties, distributed in the manner
described in section 15 of this act; and
(b) Fifteen percent of the excise tax collected from marijuana
retailers under RCW 69.50.535(3) to incorporated cities and towns,
distributed in the manner described in section 15 of this act;
(2) One hundred twenty-five thousand dollars to the department of
social and health services to design and administer the Washington
state healthy youth survey, analyze the collected data, and produce
reports, in collaboration with the office of the superintendent of
public instruction, department of health, department of commerce,
family policy council, and state ((liquor)) substance control board.
The survey shall be conducted at least every two years and include
questions regarding, but not necessarily limited to, academic
achievement, age at time of substance use initiation, antisocial
behavior of friends, attitudes toward antisocial behavior, attitudes
toward substance use, laws and community norms regarding antisocial
behavior, family conflict, family management, parental attitudes toward
substance use, peer rewarding of antisocial behavior, perceived risk of
substance use, and rebelliousness. Funds disbursed under this
subsection may be used to expand administration of the healthy youth
survey to student populations attending institutions of higher
education in Washington;
(((2))) (3) Fifty thousand dollars to the department of social and
health services for the purpose of contracting with the Washington
state institute for public policy to conduct the cost-benefit
evaluation and produce the reports described in RCW 69.50.550. This
appropriation shall end after production of the final report required
by RCW 69.50.550;
(((3))) (4) Five thousand dollars to the University of Washington
alcohol and drug abuse institute for the creation, maintenance, and
timely updating of web-based public education materials providing
medically and scientifically accurate information about the health and
safety risks posed by marijuana use;
(((4))) (5) An amount not exceeding one million two hundred fifty
thousand dollars to the state ((liquor)) substance control board as is
necessary for administration of chapter 3, Laws of 2013;
(((5))) (6) Of the funds remaining after the disbursements
identified in subsections (((1))) (2) through (((4))) (5) of this
section:
(a) Fifteen percent to the department of social and health services
division of behavioral health and recovery for implementation and
maintenance of programs and practices aimed at the prevention or
reduction of maladaptive substance use, substance-use disorder,
substance abuse or substance dependence, as these terms are defined in
the Diagnostic and Statistical Manual of Mental Disorders, among middle
school and high school age students, whether as an explicit goal of a
given program or practice or as a consistently corresponding effect of
its implementation; PROVIDED, That:
(i) Of the funds disbursed under (a) of this subsection, at least
eighty-five percent must be directed to evidence-based and cost-beneficial programs and practices that produce objectively measurable
results; and
(ii) Up to fifteen percent of the funds disbursed under (a) of this
subsection may be directed to research-based and emerging best
practices or promising practices.
In deciding which programs and practices to fund, the secretary of
the department of social and health services shall consult, at least
annually, with the University of Washington's social development
research group and the University of Washington's alcohol and drug
abuse institute;
(b) Ten percent to the department of health for the creation,
implementation, operation, and management of a marijuana education and
public health program that contains the following:
(i) A marijuana use public health hotline that provides referrals
to substance abuse treatment providers, utilizes evidence-based or
research-based public health approaches to minimizing the harms
associated with marijuana use, and does not solely advocate an
abstinence-only approach;
(ii) A grants program for local health departments or other local
community agencies that supports development and implementation of
coordinated intervention strategies for the prevention and reduction of
marijuana use by youth; and
(iii) Media-based education campaigns across television, internet,
radio, print, and out-of-home advertising, separately targeting youth
and adults, that provide medically and scientifically accurate
information about the health and safety risks posed by marijuana use;
(c) Six-tenths of one percent to the University of Washington and
four-tenths of one percent to Washington State University for research
on the short and long-term effects of marijuana use, to include but not
be limited to formal and informal methods for estimating and measuring
intoxication and impairment, and for the dissemination of such
research;
(d) Fifty percent to the ((state)) basic health ((plan trust))
services account to be administered by the ((Washington basic health
plan administrator)) health care authority and used ((as provided under
chapter 70.47 RCW)) to fund low-income health care services and mental
health services;
(e) Five percent to the Washington state health care authority to
be expended exclusively through contracts with community health centers
to provide primary health and dental care services, migrant health
services, and maternity health care services as provided under RCW
41.05.220;
(f) Three-tenths of one percent to the office of the superintendent
of public instruction to fund grants to building bridges programs under
chapter 28A.175 RCW; and
(g) The remainder to the general fund.
Sec. 14 RCW 70.47.030 and 2004 c 192 s 2 are each amended to read
as follows:
(((1))) The basic health ((plan trust)) services account is hereby
established in the state treasury. Any nongeneral fund-state funds
collected for this program shall be deposited in the basic health plan
((trust)) services account and may be expended without further
appropriation. Moneys in the account shall be used exclusively for
((the purposes of this chapter, including payments to participating
managed health care systems on behalf of enrollees in the plan and
payment of costs of administering the plan.)) the health care authority to provide funding for low-income
health care services and mental health care services.
During the 1995-97 fiscal biennium, the legislature may transfer
funds from the basic health plan trust account to the state general
fund.
(2) The basic health plan subscription account is created in the
custody of the state treasurer. All receipts from amounts due from or
on behalf of nonsubsidized enrollees and health coverage tax credit
eligible enrollees shall be deposited into the account. Funds in the
account shall be used exclusively for the purposes of this chapter,
including payments to participating managed health care systems on
behalf of nonsubsidized enrollees and health coverage tax credit
eligible enrollees in the plan and payment of costs of administering
the plan. The account is subject to allotment procedures under chapter
43.88 RCW, but no appropriation is required for expenditures.
(3) The administrator shall take every precaution to see that none
of the funds in the separate accounts created in this section or that
any premiums paid either by subsidized or nonsubsidized enrollees are
commingled in any way, except that the administrator may combine funds
designated for administration of the plan into a single administrative
account
NEW SECTION. Sec. 15 A new section is added to chapter 69.50 RCW
to read as follows:
(1) With respect to the distribution of funds to the counties under
RCW 69.50.540, the computations for distribution must be made by the
state substance control board as follows:
(a) The share coming to each county must be based on the number of
marijuana producers, marijuana processors, and marijuana retailers in
the county, with counties with the highest number of such licensees
receiving a proportionally higher share than those counties with fewer
licensees;
(b) The state substance control board must annually review the
distribution of funds provided in (a) of this subsection.
(2) With respect to the distribution of funds to incorporated
cities or towns, the computations for distribution must be made by the
state substance control board as follows:
(a) The share coming to each city or town must be based on the
number of marijuana producers, marijuana processors, and marijuana
retailers in the city or town, with cities or towns with the highest
number of such licensees receiving a proportionally higher share than
those cities or towns with fewer licensees;
(b) The state substance control board must annually review the
distribution of funds provided in (a) of this subsection.
Sec. 16 RCW 28B.20.502 and 2011 c 181 s 1002 are each amended to
read as follows:
The University of Washington and Washington State University may
conduct scientific research on the efficacy and safety of administering
((cannabis)) marijuana as part of medical treatment. As part of this
research, the University of Washington and Washington State University
may develop and conduct studies to ascertain the general medical safety
and efficacy of ((cannabis)) marijuana and may develop medical
guidelines for the appropriate administration and use of ((cannabis))
marijuana.
Sec. 17 RCW 69.51A.005 and 2011 c 181 s 102 are each amended to
read as follows:
(1) The legislature finds that:
(a) There is medical evidence that some patients with terminal or
debilitating medical conditions may, under their health care
professional's care, benefit from the medical use of ((cannabis))
marijuana. Some of the conditions for which ((cannabis)) marijuana
appears to be beneficial include, but are not limited to:
(i) Nausea, vomiting, and cachexia associated with cancer, HIV-positive status, AIDS, hepatitis C, anorexia, and their treatments;
(ii) Severe muscle spasms associated with multiple sclerosis,
epilepsy, and other seizure and spasticity disorders;
(iii) Acute or chronic glaucoma;
(iv) Crohn's disease; and
(v) Some forms of intractable pain.
(b) Humanitarian compassion necessitates that the decision to use
((cannabis)) marijuana by patients with terminal or debilitating
medical conditions is a personal, individual decision, based upon their
health care professional's professional medical judgment and
discretion.
(2) Therefore, the legislature intends that, so long as such
activities are in compliance with this chapter:
(a) Qualifying patients with terminal or debilitating medical
conditions who, in the judgment of their health care professionals, may
benefit from the medical use of ((cannabis)) marijuana, shall not be
arrested, prosecuted, or subject to other criminal sanctions or civil
consequences under state law based solely on their medical use of
((cannabis)) marijuana, notwithstanding any other provision of law;
(b) Persons who act as designated providers to such patients shall
also not be arrested, prosecuted, or subject to other criminal
sanctions or civil consequences under state law, notwithstanding any
other provision of law, based solely on their assisting with the
medical use of ((cannabis)) marijuana; and
(c) Health care professionals shall also not be arrested,
prosecuted, or subject to other criminal sanctions or civil
consequences under state law for the proper authorization of medical
use of ((cannabis)) marijuana by qualifying patients for whom, in the
health care professional's professional judgment, the medical use of
((cannabis)) marijuana may prove beneficial.
(3) Nothing in this chapter establishes the medical necessity or
medical appropriateness of ((cannabis)) marijuana for treating terminal
or debilitating medical conditions as defined in RCW 69.51A.010.
(4) Nothing in this chapter diminishes the authority of
correctional agencies and departments, including local governments or
jails, to establish a procedure for determining when the use of
((cannabis)) marijuana would impact community safety or the effective
supervision of those on active supervision for a criminal conviction,
nor does it create the right to any accommodation of any medical use of
((cannabis)) marijuana in any correctional facility or jail.
Sec. 18 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) "Designated provider" means a person who((:)) is ((
(a)eighteen)) twenty-one years of age or older((;)) and:
(b)
(a)(i) Is the parent or guardian of a qualifying patient who is
under the age of eighteen; or
(ii) Has been designated in writing by a qualifying patient to
serve as a designated provider ((under this chapter)) for that patient;
(((c))) (b) Has been entered into the medical marijuana registry as
being the designated provider to a qualifying patient, who must also be
entered in the registry, and may only provide medical marijuana to that
qualifying patient;
(c) Is prohibited from consuming marijuana obtained for the
personal, medical use of the qualifying patient for whom the individual
is acting as designated provider; ((and))
(d) Is in compliance with this chapter; and
(e) Is the designated provider to only one patient at any one time.
(2) "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) "Medical use of marijuana" means the manufacture, production,
possession, transportation, delivery, ingestion, application, 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)) medical condition.
(4) "Qualifying patient" means a person who:
(a)(i) Is a patient of a health care professional;
(((b))) (ii) Has been diagnosed by that health care professional as
having a terminal or debilitating medical condition;
(((c))) (iii) Is a resident of the state of Washington at the time
of such diagnosis;
(((d))) (iv) Has been advised by that health care professional
about the risks and benefits of the medical use of marijuana; ((and)) (v) Has been advised by that health care professional that
((
(e)they)) he or she may benefit from the medical use of marijuana; and
(vi) Is otherwise in compliance with the terms and conditions
established in this chapter.
(b) "Qualifying patient" does not include a person who is actively
being supervised for a criminal conviction by a corrections agency or
department that has determined that the terms of this chapter are
inconsistent with and contrary to his or her supervision and all
related processes and procedures related to that supervision.
(5) (("Tamper-resistant paper" means paper that meets one or more
of the following industry-recognized features:)) "Terminal or debilitating medical condition" means:
(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)
(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) "Valid documentation" means:)) (6) "Authorization card"
means a card issued by the department to qualifying patients whose
health care professionals have entered them into the department's
medical marijuana registry.
(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; and
(b) Proof of identity such as a Washington state driver's license
or identicard, as defined in RCW 46.20.035.
(7) "Department" means the department of health.
(8) "Marijuana" has the meaning provided in RCW 69.50.101.
(9) "Marijuana processor" has the meaning provided in RCW
69.50.101.
(10) "Marijuana producer" has the meaning provided in RCW
69.50.101.
(11) "Marijuana retailer" has the meaning provided in RCW
69.50.101.
(12) "Marijuana-infused products" has the meaning provided in RCW
69.50.101.
(13) "Medical marijuana registry" means the secure and confidential
registry of qualifying patients and designated providers established in
section 24 of this act.
(14) "Plant" means a marijuana plant 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.
(15) "Public place" includes streets and alleys of incorporated
cities and towns; state or county or township highways or roads;
buildings and grounds used for school purposes; public dance halls and
grounds adjacent thereto; premises where goods and services are offered
to the public for retail sale; public buildings, public meeting halls,
lobbies, halls and dining rooms of hotels, restaurants, theaters,
stores, garages, and filling stations that are open to and are
generally used by the public and to which the public is permitted to
have unrestricted access; railroad trains, stages, buses, ferries, and
other public conveyances of all kinds and character, and the depots,
stops, and waiting rooms used in conjunction therewith which are open
to unrestricted use and access by the public; publicly owned bathing
beaches, parks, or playgrounds; and all other places of like or similar
nature to which the general public has unrestricted right of access,
and that are generally used by the public.
(16) "THC concentration" has the meaning provided in RCW 69.50.101.
(17) "Useable marijuana" has the meaning provided in RCW 69.50.101.
NEW SECTION. Sec. 19 A new section is added to chapter 69.51A
RCW to read as follows:
The department, in consultation with health care professionals,
must adopt rules defining the terms "terminal or debilitating medical
condition" and "intractable pain" as used in RCW 69.51A.010. The rules
adopted must assist a health care professional in determining, through
an objective assessment and evaluation, that the terminal or
debilitating medical condition is severe enough to significantly
interfere with the qualifying patient's activities of daily living and
his or her ability to function.
Sec. 20 RCW 69.51A.030 and 2011 c 181 s 301 are each amended to
read as follows:
(1) The following acts do not constitute crimes under state law or
unprofessional conduct under chapter 18.130 RCW, and a health care
professional may not be arrested, searched, prosecuted, disciplined, or
subject to other criminal sanctions or civil consequences or liability
under state law, or have real or personal property searched, seized, or
forfeited pursuant to state law, notwithstanding any other provision of
law as long as the health care professional complies with subsection
(2) of this section:
(a) Advising a patient about the risks and benefits of medical use
of ((cannabis)) marijuana or that the patient may benefit from the
medical use of ((cannabis)) marijuana; or
(b) ((Providing)) Registering a patient meeting the criteria
established under RCW 69.51A.010(((26) with valid documentation)) (4)
with the medical marijuana registry, based upon the health care
professional's assessment of the patient's medical history and current
medical condition, ((where such use is)) if the health care
professional has complied with this chapter and he or she determines
within a professional standard of care or in the individual health care
professional's medical judgment the qualifying patient may benefit from
use of medical marijuana.
(2)(a) A health care professional may only ((provide a patient with
valid documentation authorizing the medical use of cannabis or))
register the patient with the medical marijuana registry established in
section ((901)) 24 of this act if he or she has a ((newly initiated or
existing)) documented relationship with the patient, as a primary care
provider or a specialist, relating to the diagnosis and ongoing
treatment or monitoring of the patient's terminal or debilitating
medical condition, and only after:
(i) Completing ((a)) an in-person physical examination of the
patient ((as appropriate, based on the patient's condition and age));
(ii) Documenting the terminal or debilitating medical condition of
the patient in the patient's medical record and that the patient may
benefit from treatment of this condition or its symptoms with medical
use of ((cannabis)) marijuana;
(iii) Informing the patient of other options for treating the
terminal or debilitating medical condition and documenting in the
patient's medical record that the patient has received this
information; and
(iv) Documenting in the patient's medical record other measures
attempted to treat the terminal or debilitating medical condition that
do not involve the medical use of ((cannabis)) marijuana.
(b) A health care professional shall not:
(i) Accept, solicit, or offer any form of pecuniary remuneration
from or to a ((licensed dispenser, licensed producer, or licensed
processor of cannabis products)) marijuana retailer, marijuana
processor, or marijuana producer;
(ii) Offer a discount or any other thing of value to a qualifying
patient who is a customer of, or agrees to be a customer of, a
particular ((licensed dispenser, licensed producer, or licensed
processor of cannabis products)) marijuana retailer;
(iii) Examine or offer to examine a patient for purposes of
diagnosing a terminal or debilitating medical condition at a location
where ((cannabis)) marijuana is produced, processed, or ((dispensed))
sold;
(iv) Have a business or practice which consists ((solely))
primarily of authorizing the medical use of ((cannabis)) marijuana.
However, the health care professional's business or practice must have
a permanent physical location;
(v) Include any statement or reference, visual or otherwise, on the
medical use of ((cannabis)) marijuana in any advertisement for his or
her business or practice; or
(vi) Hold an economic interest in an enterprise that produces,
processes, or ((dispenses cannabis)) sells marijuana if the health care
professional authorizes the medical use of ((cannabis)) marijuana.
(3) A violation of any provision of subsection (2) of this section
constitutes unprofessional conduct under chapter 18.130 RCW.
NEW SECTION. Sec. 21 A new section is added to chapter 69.51A
RCW to read as follows:
(1) As part of registering a qualifying patient or designated
provider in the medical marijuana registry, the health care
professional may include recommendations on the amount of marijuana
that is likely needed by the qualifying patient for his or her medical
needs and in accordance with subsection (2) of this section. If no
recommendations are included at point of registration, the qualifying
patient or designated provider may purchase at a marijuana retailer
that holds a medical marijuana endorsement a combination of the
following: Three ounces of useable marijuana; forty-eight ounces of
marijuana-infused product in solid form; or two hundred sixteen ounces
of marijuana-infused product in liquid form. The qualifying patient or
designated provider may also grow, in his or her domicile, up to six
plants, three flowering and three nonflowering, for the personal
medical use of the qualifying patient. If plants are grown for the
qualifying patient, the patient may possess as much useable marijuana
as can be produced by three plants.
(2) If a health care professional determines that the medical needs
of a patient exceed the amounts provided for in subsection (1) of this
section, the health care professional may recommend a greater amount
for the personal medical use of the patient but not to exceed eight
ounces of useable marijuana or fifteen plants. This amount must be
entered into the registry at point of registration of the qualifying
patient or designated provider.
NEW SECTION. Sec. 22 A new section is added to chapter 69.51A
RCW to read as follows:
(1) The department shall convene a work group of representatives of
the medical quality assurance commission, board of osteopathic medicine
and surgery, the nursing care quality assurance commission, the board
of naturopathy, and representatives of the medical marijuana community
including patients, attorneys, and health care professionals, to
develop practice guidelines for health care professionals to consider
when authorizing the medical use of marijuana for patients. The
representatives of the medical marijuana community must be appointed by
the governor. The practice guidelines shall address:
(a) Conditions that may benefit from the medical use of marijuana;
(b) Assessing a patient to determine if he or she has a
debilitating condition or intractable pain;
(c) Conducting an adequate examination of a patient for the need
for marijuana for medical use;
(d) Dosing criteria related to the medical use of marijuana;
(e) Developing a treatment plan for patients who may benefit from
the medical use of marijuana;
(f) Communicating with a patient about the medical use of marijuana
and other options for treating his or her terminal or debilitating
medical condition;
(g) Maintaining records for patients who have been authorized to
use marijuana for medical purposes; and
(h) Other issues identified by the work group as necessary to
provide appropriate care to patients who have been authorized to use
marijuana for medical purposes.
(2) The department shall make the practice guidelines broadly
available to health care professionals.
NEW SECTION. Sec. 23 A new section is added to chapter 69.51A
RCW to read as follows:
(1) Health care professionals may authorize the medical use of
marijuana for qualifying patients who are under the age of eighteen if:
(a) The minor's parent or guardian participates in the minor's
treatment and agrees to the use of medical marijuana by the minor;
(b) The parent or guardian acts as the designated provider for the
minor and has sole control over the minor's medical marijuana.
However, the minor may possess up to the amount of medical marijuana
that is necessary for his or her next dose; and
(c) The minor may not grow plants or purchase marijuana from a
marijuana retailer.
(2) A health care professional who authorizes the medical use of
marijuana by a minor must do so as part of the course of treatment of
the minor's terminal or debilitating medical condition. If authorizing
a minor for the medical use of marijuana, the health care professional
must:
(a) Consult with other health care providers involved in the
child's treatment, as medically indicated, before authorization or
reauthorization of the medical use of marijuana;
(b) Reexamine the minor at least once a year or more frequently as
medically indicated. The reexamination must:
(i) Determine that the minor continues to have a terminal or
debilitating medical condition and that the condition benefits from the
medical use of marijuana; and
(ii) Include a follow-up discussion with the minor's parent or
guardian to ensure the parent or guardian continues to participate in
the treatment of the minor;
(c) Enter both the minor and the minor's parent or guardian who is
acting as the designated provider in the medical marijuana registry.
NEW SECTION. Sec. 24 A new section is added to chapter 69.51A
RCW to read as follows:
(1) By January 1, 2015, the department must adopt rules for the
creation, implementation, maintenance, and timely upgrading of a secure
and confidential medical marijuana registry that allows:
(a) A health care professional to register a qualifying patient or
designated provider and include the amount of useable marijuana,
marijuana-infused products, or plants for which the qualifying patient
is authorized under section 21 of this act;
(b) A law enforcement officer to confirm the authorization card of
a qualifying patient or designated provider;
(c) A marijuana retailer holding a medical marijuana endorsement to
confirm the authorization card of a qualifying patient;
(d) The substance control board to verify tax exemptions under RCW
69.50.535;
(e) The department of revenue to verify tax exemptions under
chapters 82.08 and 82.12 RCW;
(f) The department and the health care professional's disciplining
authorities to monitor registrations and ensure compliance with this
chapter by their licensees; and
(g) Registrations to expire one year after entry into the registry.
(2) A qualifying patient and his or her designated provider, if
any, must be placed in the medical marijuana registry by the qualifying
patient's health care professional. After a qualifying patient or
designated provider is placed in the medical marijuana registry, the
department must issue an authorization card. The authorization card
must be developed by the department and include:
(a) The qualifying patient or designated provider's name;
(b) For designated providers, the name of the qualifying patient
for whom the provider is assisting;
(c) The amount of useable marijuana, marijuana-infused products, or
plant for which the qualifying patient is authorized under section 21
of this act;
(d) The effective date and expiration date of the authorization
card;
(e) The name of the health care professional who registered the
qualifying patient or designated provider; and
(f) Additional security features as necessary to ensure the
validity of the authorization card.
(3) Authorization cards are valid for one year from the date the
health care professional registers the qualifying patient or designated
provider in the medical marijuana registry. Qualifying patients may
not be reentered into the medical marijuana registry until they have
been reexamined by a health care professional and determined to meet
the definition of qualifying patient. After reexamination, the health
care professional must reenter the qualifying patient or designated
provider into the medical marijuana registry and a new authorization
card will then be issued by the department in accordance with
department rules. The department must adopt rules on replacing lost or
stolen authorization cards.
(4) The department must adopt rules for removing qualifying
patients and designated providers from the medical marijuana registry
upon expiration of the authorization card as well as a method for
permitting qualifying patients and designated providers to remove their
names from the medical marijuana registry before expiration. The
department must retain registry records for at least five calendar
years to permit the substance control board and the department of
revenue to verify eligibility for tax exemptions.
(5) During development of the medical marijuana registry, the
department of health shall consult with stakeholders and persons with
relevant expertise to include, but not be limited to, qualifying
patients, designated providers, health care professionals, state and
local law enforcement agencies, and the University of Washington
computer science and engineering security and privacy research lab.
(6) The medical marijuana registry must meet the following
requirements:
(a) Any personally identifiable information included in the
registry must be nonreversible, pursuant to definitions and standards
set forth by the national institute of standards and technology;
(b) Any personally identifiable information included in the
registry must not be susceptible to linkage by use of data external to
the registry;
(c) The registry must incorporate current best differential privacy
practices, allowing for maximum accuracy of registry queries while
minimizing the chances of identifying the personally identifiable
information included therein; and
(d) The registry must be upgradable and updated in a timely fashion
to keep current with state of the art privacy and security standards
and practices.
(7)(a) Personally identifiable information of qualifying patients
and designated providers included in the medical marijuana registry is
confidential and exempt from public disclosure, inspection, or copying
under chapter 42.56 RCW.
(b) Information contained in the medical marijuana registry may be
released in aggregate form, with all personally identifying information
redacted, for the purpose of statistical analysis and oversight of
agency performance and actions.
NEW SECTION. Sec. 25 A new section is added to chapter 42.56 RCW
to read as follows:
Records in the medical marijuana registry established in section 24
of this act containing names and other personally identifiable
information of qualifying patients and designated providers are exempt
from disclosure under this chapter.
Sec. 26 RCW 69.51A.040 and 2011 c 181 s 401 are each amended to
read as follows:
The medical use of ((cannabis)) marijuana in accordance with the
terms and conditions of this chapter does not constitute a crime and a
qualifying patient or designated provider 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)) marijuana 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)) marijuana under state law, and
investigating ((peace)) law enforcement officers and ((law
enforcement)) agencies may not be held civilly liable for failure to
seize ((cannabis)) marijuana in this circumstance, if:
(1)(((a))) The qualifying patient or designated provider holds a
valid authorization card and possesses no more than ((fifteen cannabis
plants and:)) the amount of useable marijuana or
marijuana-infused products authorized under section 21 of this act;
(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,))
authorization card to any ((peace)) law enforcement officer who
questions the patient or provider regarding his or her medical use of
((cannabis)) marijuana;
(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)) authorization card and the qualifying patient
or designated provider's contact information posted prominently next to
any ((cannabis)) plants, ((cannabis)) marijuana-infused products, or
useable ((cannabis)) marijuana located at his or her residence;
(4) The investigating ((peace)) law enforcement officer does not
possess evidence that:
(a) The designated provider has converted ((cannabis)) marijuana
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)) sold, donated, or otherwise
supplied marijuana to another person; and
(5) The investigating ((peace)) law enforcement 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
Sec. 27 RCW 69.51A.045 and 2011 c 181 s 405 are each amended to
read as follows:
(1) A qualifying patient or designated provider in possession of
((cannabis)) plants, useable ((cannabis)) marijuana, or ((cannabis))
marijuana-infused products exceeding the limits set forth in ((RCW
69.51A.040(1))) section 21 of this act but otherwise in compliance with
all other terms and conditions of this chapter may establish 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 the qualifying patient's necessary medical use
exceeds the amounts set forth in RCW 69.51A.040(((1))).
(2) An investigating ((peace)) law enforcement officer may seize
((cannabis)) plants, useable ((cannabis)) marijuana, or ((cannabis))
marijuana-infused products exceeding the amounts set forth in ((RCW
69.51A.040(1): PROVIDED, That)) section 21 of this act. In the case
of ((cannabis)) plants, the qualifying patient or designated provider
shall be allowed to select the plants that will remain at the location.
The officer and his or her law enforcement agency may not be held
civilly liable for failure to seize ((cannabis)) marijuana in this
circumstance.
Sec. 28 RCW 69.51A.055 and 2011 c 181 s 1105 are each amended to
read as follows:
(1)(a) The arrest and prosecution protections established in RCW
69.51A.040 may not be asserted in a supervision revocation or violation
hearing by a person who is supervised by a corrections agency or
department, including local governments or jails, that has determined
that the terms of this section are inconsistent with and contrary to
his or her supervision.
(b) The affirmative defenses established in RCW ((69.51A.043,))
69.51A.045((, 69.51A.047, and section 407 of this act)) may not be
asserted in a supervision revocation or violation hearing by a person
who is supervised by a corrections agency or department, including
local governments or jails, that has determined that the terms of this
section are inconsistent with and contrary to his or her supervision.
(2) ((The provisions of)) RCW 69.51A.040((, 69.51A.085, and
69.51A.025 do)) does not apply to a person who is supervised for a
criminal conviction by a corrections agency or department, including
local governments or jails, that has determined that the terms of this
chapter are inconsistent with and contrary to his or her supervision.
(((3) A person may not be licensed as a licensed producer, licensed
processor of cannabis products, or a licensed dispenser under section
601, 602, or 701 of this act if he or she is supervised for a criminal
conviction by a corrections agency or department, including local
governments or jails, that has determined that licensure is
inconsistent with and contrary to his or her supervision.))
Sec. 29 RCW 69.51A.060 and 2011 c 181 s 501 are each amended to
read as follows:
(1) It shall be a class 3 civil infraction to use or display
medical ((cannabis)) marijuana in a manner or place which is open to
the view of the general public.
(2) Nothing in this chapter establishes a right of care as a
covered benefit or requires any state purchased health care as defined
in RCW 41.05.011 or other health carrier or health plan as defined in
Title 48 RCW to be liable for any claim for reimbursement for the
medical use of ((cannabis)) marijuana. Such entities may enact
coverage or noncoverage criteria or related policies for payment or
nonpayment of medical ((cannabis)) marijuana in their sole discretion.
(3) Nothing in this chapter requires any health care professional
to authorize the medical use of ((cannabis)) marijuana for a patient.
(4) Nothing in this chapter requires any accommodation of any on-site medical use of ((cannabis)) marijuana in any place of employment,
in any school bus or on any school grounds, in any youth center, in any
correctional facility, or smoking ((cannabis)) marijuana in any public
place or hotel or motel. However, a school may permit a minor who
meets the requirements of section 23 of this act to consume medical
marijuana on school grounds. Such use must be in accordance with
school policy relating to medication use on school grounds.
(5) Nothing in this chapter authorizes the possession or use of
marijuana or marijuana-infused products on federal property.
(6) Nothing in this chapter authorizes the use of medical
((cannabis)) marijuana by any person who is subject to the Washington
code of military justice in chapter 38.38 RCW.
(((6))) (7) Employers may establish drug-free work policies.
Nothing in this chapter requires an accommodation for the medical use
of ((cannabis)) marijuana if an employer has a drug-free workplace.
(((7) It is a class C felony to fraudulently produce any record
purporting to be, or tamper with the content of any record for the
purpose of having it accepted as, valid documentation under RCW
69.51A.010(32)(a), or to backdate such documentation to a time earlier
than its actual date of execution.))
(8) No person shall be entitled to claim the protection from arrest
and prosecution under RCW 69.51A.040 ((or the affirmative defense under
RCW 69.51A.043)) for engaging in the medical use of ((cannabis))
marijuana in a way that endangers the health or well-being of any
person through the use of a motorized vehicle on a street, road, or
highway, including violations of RCW 46.61.502 or 46.61.504, or
equivalent local ordinances.
NEW SECTION. Sec. 30 A new section is added to chapter 69.51A
RCW to read as follows:
(1) It is unlawful for a person knowingly or intentionally:
(a) To produce an authorization card or to tamper with an
authorization card for the purpose of having it accepted by a marijuana
retailer in order to purchase marijuana as a medical marijuana patient
or to grow marijuana plants in accordance with section 21 of this act;
(b) If a person is a designated provider to a qualifying patient,
to sell, donate, or otherwise use the marijuana produced or obtained
for the qualifying patient for the designated provider's own personal
use or benefit; or
(c) If the person is a qualifying patient, to sell, donate, or
otherwise supply marijuana produced or obtained by the qualifying
patient to another person.
(2) A person who violates this section is guilty of a class C
felony and upon conviction may be imprisoned for not more than two
years, fined not more than two thousand dollars, or both.
Sec. 31 RCW 69.51A.070 and 2007 c 371 s 7 are each amended to
read as follows:
The Washington state medical quality assurance commission in
consultation with the board of osteopathic medicine and surgery, or
other appropriate agency as designated by the governor, shall accept
for consideration petitions submitted to add terminal or debilitating
conditions to those included in this chapter. In considering such
petitions, the Washington state medical quality assurance commission in
consultation with the board of osteopathic medicine and surgery shall
include public notice of, and an opportunity to comment in a public
hearing upon, such petitions. The Washington state medical quality
assurance commission in consultation with the board of osteopathic
medicine and surgery may make a preliminary finding of good cause
before the public hearing and shall, after hearing, approve or deny
such petitions within ((one)) two hundred ((eighty)) ten days of
submission. The approval or denial of such a petition shall be
considered a final agency action, subject to judicial review.
Sec. 32 RCW 69.51A.100 and 2011 c 181 s 404 are each amended to
read as follows:
(1) A qualifying patient may revoke his or her designation of a
specific designated provider and designate a different designated
provider at any time. A revocation of designation must be in writing,
signed and dated, and provided to the department. The protections of
this chapter cease to apply to a person who has served as a designated
provider to a qualifying patient seventy-two hours after receipt of
that patient's revocation of his or her designation.
(2) A person may stop serving as a designated provider to a given
qualifying patient at any time by revoking that designation in writing,
signed and dated, and provided to the department and the qualifying
patient. However, that person may not begin serving as a designated
provider to a different qualifying patient until fifteen days have
elapsed from the date the last qualifying patient designated him or her
to serve as a provider.
(3) The department may adopt rules to implement this section,
including a procedure to remove the name of the designated provider
from the medical marijuana registry upon receipt of a revocation under
this section.
Sec. 33 RCW 69.51A.110 and 2011 c 181 s 408 are each amended to
read as follows:
A qualifying patient's medical use of ((cannabis)) marijuana as
authorized by a health care professional may not be a sole
disqualifying factor in determining the patient's suitability for an
organ transplant, unless it is shown that this use poses a significant
risk of rejection or organ failure. This section does not preclude a
health care professional from requiring that a patient abstain from the
medical use of ((cannabis)) marijuana, for a period of time determined
by the health care professional, while waiting for a transplant organ
or before the patient undergoes an organ transplant.
Sec. 34 RCW 69.51A.120 and 2011 c 181 s 409 are each amended to
read as follows:
A qualifying patient or designated provider may not have his or her
parental rights or residential time with a child restricted solely due
to his or her medical use of ((cannabis)) marijuana in compliance with
the terms of this chapter absent written findings supported by evidence
that such use has resulted in a long-term impairment that interferes
with the performance of parenting functions as defined under RCW
26.09.004.
NEW SECTION. Sec. 35 All references to the Washington state
liquor control board must be construed as referring to the Washington
state substance control board. The code reviser must prepare
legislation for the 2015 legislative session changing all references
from the Washington state liquor control board to the Washington state
substance control board.
NEW SECTION. Sec. 36 The following acts or parts of acts are
each repealed:
(1) RCW 69.51A.020 (Construction of chapter) and 2011 c 181 s 103
& 1999 c 2 s 3;
(2) RCW 69.51A.025 (Construction of chapter -- Compliance with RCW
69.51A.040) and 2011 c 181 s 413;
(3) RCW 69.51A.043 (Failure to register -- Affirmative defense) and
2011 c 181 s 402;
(4) RCW 69.51A.047 (Failure to register or present valid
documentation -- Affirmative defense) and 2011 c 181 s 406; and
(5) RCW 69.51A.200 (Evaluation) and 2011 c 181 s 1001.
NEW SECTION. Sec. 37 The following acts or parts of acts are
each repealed:
(1) RCW 69.51A.085 (Collective gardens) and 2011 c 181 s 403;
(2) RCW 69.51A.090 (Applicability of valid documentation
definition) and 2010 c 284 s 5; and
(3) RCW 69.51A.140 (Counties, cities, towns -- Authority to adopt and
enforce requirements) and 2011 c 181 s 1102.
NEW SECTION. Sec. 38 Sections 2, 6 through 12, 18, 20, 23, 26,
27, 29, 30, 32, and 37 of this act take effect July 30, 2016.