BILL REQ. #: S-4228.2
| State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 02/07/14.
AN ACT Relating to aligning the medical marijuana system with the recreational marijuana system; amending RCW 69.50.331, 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, 69.51A.120, and 66.08.012; reenacting and amending RCW 69.50.101; adding a new section to chapter 69.50 RCW; adding new sections to chapter 69.51A RCW; adding a new section to chapter 42.56 RCW; adding a new section to chapter 82.08 RCW; creating new sections; repealing RCW 69.51A.020, 69.51A.025, 69.51A.043, 69.51A.047, 69.51A.085, and 69.51A.140; prescribing penalties; and providing effective dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 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 ((control)) and cannabis 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 ((control)) and cannabis 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 ((control)) and cannabis 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
((control)) and cannabis 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) "Verification 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. 2 RCW 69.50.331 and 2013 c 3 s 6 (Initiative Measure No.
502) are each amended to read as follows:
(1) For the purpose of considering any application for a license to
produce, process, or sell marijuana, or for the renewal of a license to
produce, process, or sell marijuana, the state liquor ((control)) and
cannabis board may cause an inspection of the premises to be made, and
may inquire into all matters in connection with the construction and
operation of the premises. For the purpose of reviewing any
application for a license and for considering the denial, suspension,
revocation, or renewal or denial thereof, of any license, the state
liquor ((control)) and cannabis board may consider any prior criminal
conduct of the applicant including an administrative violation history
record with the state liquor ((control)) and cannabis board and a
criminal history record information check. The state liquor
((control)) and cannabis board may submit the 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 ((control)) and cannabis board shall require
fingerprinting of any applicant whose criminal history record
information check is submitted to the federal bureau of investigation.
The provisions of RCW 9.95.240 and of chapter 9.96A RCW shall not apply
to these cases. Subject to the provisions of this section, the state
liquor ((control)) and cannabis board may, in its discretion, grant or
deny the renewal or license applied for. Denial may be based on,
without limitation, the existence of chronic illegal activity
documented in objections submitted pursuant to subsections (7)(c) and
(9) of this section. Authority to approve an uncontested or unopposed
license may be granted by the state liquor ((control)) and cannabis
board to any staff member the board designates in writing. Conditions
for granting this authority shall be adopted by rule. No license of
any kind may be issued to:
(a) A person under the age of twenty-one years;
(b) A person doing business as a sole proprietor who has not
lawfully resided in the state for at least three months prior to
applying to receive a license;
(c) A partnership, employee cooperative, association, nonprofit
corporation, or corporation unless formed under the laws of this state,
and unless all of the members thereof are qualified to obtain a license
as provided in this section; or
(d) A person whose place of business is conducted by a manager or
agent, unless the manager or agent possesses the same qualifications
required of the licensee.
(2)(a) The state liquor ((control)) and cannabis board may, in its
discretion, subject to the provisions of RCW 69.50.334, suspend or
cancel any license; and all protections of the licensee from criminal
or civil sanctions under state law for producing, processing, or
selling marijuana, useable marijuana, or marijuana-infused products
thereunder shall be suspended or terminated, as the case may be.
(b) The state liquor ((control)) and cannabis board shall
immediately suspend the license of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support order. If
the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license shall be
automatic upon the state liquor ((control)) and cannabis board's
receipt of a release issued by the department of social and health
services stating that the licensee is in compliance with the order.
(c) The state liquor ((control)) and cannabis board may request the
appointment of administrative law judges under chapter 34.12 RCW who
shall have power to administer oaths, issue subpoenas for the
attendance of witnesses and the production of papers, books, accounts,
documents, and testimony, examine witnesses, and to receive testimony
in any inquiry, investigation, hearing, or proceeding in any part of
the state, under rules and regulations the state liquor ((control)) and
cannabis board may adopt.
(d) Witnesses shall be allowed fees and mileage each way to and
from any inquiry, investigation, hearing, or proceeding at the rate
authorized by RCW 34.05.446. Fees need not be paid in advance of
appearance of witnesses to testify or to produce books, records, or
other legal evidence.
(e) In case of disobedience of any person to comply with the order
of the state liquor ((control)) and cannabis board or a subpoena issued
by the state liquor ((control)) and cannabis board, or any of its
members, or administrative law judges, or on the refusal of a witness
to testify to any matter regarding which he or she may be lawfully
interrogated, the judge of the superior court of the county in which
the person resides, on application of any member of the board or
administrative law judge, shall compel obedience by contempt
proceedings, as in the case of disobedience of the requirements of a
subpoena issued from said court or a refusal to testify therein.
(3) Upon receipt of notice of the suspension or cancellation of a
license, the licensee shall forthwith deliver up the license to the
state liquor ((control)) and cannabis board. Where the license has
been suspended only, the state liquor ((control)) and cannabis board
shall return the license to the licensee at the expiration or
termination of the period of suspension. The state liquor ((control))
and cannabis board shall notify all other licensees in the county where
the subject licensee has its premises of the suspension or cancellation
of the license; and no other licensee or employee of another licensee
may allow or cause any marijuana, useable marijuana, or marijuana-infused products to be delivered to or for any person at the premises
of the subject licensee.
(4) Every license issued under chapter 3, Laws of 2013 shall be
subject to all conditions and restrictions imposed by chapter 3, Laws
of 2013 or by rules adopted by the state liquor ((control)) and
cannabis board to implement and enforce chapter 3, Laws of 2013. All
conditions and restrictions imposed by the state liquor ((control)) and
cannabis board in the issuance of an individual license shall be listed
on the face of the individual license along with the trade name,
address, and expiration date.
(5) Every licensee shall post and keep posted its license, or
licenses, in a conspicuous place on the premises.
(6) No licensee shall employ any person under the age of twenty-one
years.
(7)(a) Before the state liquor ((control)) and cannabis board
issues a new or renewed license to an applicant it shall give notice of
the application to the chief executive officer of the incorporated city
or town, if the application is for a license within an incorporated
city or town, or to the county legislative authority, if the
application is for a license outside the boundaries of incorporated
cities or towns.
(b) The incorporated city or town through the official or employee
selected by it, or the county legislative authority or the official or
employee selected by it, shall have the right to file with the state
liquor ((control)) and cannabis board within twenty days after the date
of transmittal of the notice for applications, or at least thirty days
prior to the expiration date for renewals, written objections against
the applicant or against the premises for which the new or renewed
license is asked. The state liquor ((control)) and cannabis board may
extend the time period for submitting written objections.
(c) The written objections shall include a statement of all facts
upon which the objections are based, and in case written objections are
filed, the city or town or county legislative authority may request,
and the state liquor ((control)) and cannabis board may in its
discretion hold, a hearing subject to the applicable provisions of
Title 34 RCW. If the state liquor ((control)) and cannabis board makes
an initial decision to deny a license or renewal based on the written
objections of an incorporated city or town or county legislative
authority, the applicant may request a hearing subject to the
applicable provisions of Title 34 RCW. If a hearing is held at the
request of the applicant, state liquor ((control)) and cannabis board
representatives shall present and defend the state liquor ((control))
and cannabis board's initial decision to deny a license or renewal.
(d) Upon the granting of a license under this title the state
liquor ((control)) and cannabis board shall send written notification
to the chief executive officer of the incorporated city or town in
which the license is granted, or to the county legislative authority if
the license is granted outside the boundaries of incorporated cities or
towns.
(8) The state liquor ((control)) and cannabis board shall not issue
a license for any premises within one thousand feet of the perimeter of
the grounds of any elementary or secondary school, playground,
recreation center or facility, ((child care center,)) or public park,
((public transit center, or library,)) or any game arcade admission to
which is not restricted to persons aged twenty-one years or older.
(9) In determining whether to grant or deny a license or renewal of
any license, the state liquor ((control)) and cannabis board shall give
substantial weight to objections from an incorporated city or town or
county legislative authority based upon chronic illegal activity
associated with the applicant's operations of the premises proposed to
be licensed or the applicant's operation of any other licensed
premises, or the conduct of the applicant's patrons inside or outside
the licensed premises. "Chronic illegal activity" means (a) a
pervasive pattern of activity that threatens the public health, safety,
and welfare of the city, town, or county including, but not limited to,
open container violations, assaults, disturbances, disorderly conduct,
or other criminal law violations, or as documented in crime statistics,
police reports, emergency medical response data, calls for service,
field data, or similar records of a law enforcement agency for the
city, town, county, or any other municipal corporation or any state
agency; or (b) an unreasonably high number of citations for violations
of RCW 46.61.502 associated with the applicant's or licensee's
operation of any licensed premises as indicated by the reported
statements given to law enforcement upon arrest.
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 ((control)) and cannabis 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 ((control)) and cannabis
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
((control)) and cannabis 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 ((control)) and cannabis 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 ((control)) and cannabis 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 ((control)) and cannabis 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 may
include a preference for those retail outlets that are applying for a
medical marijuana endorsement and who intend to be solely medical if
the state liquor and cannabis board determines that the needs of
qualifying patients are not being met by currently licensed marijuana
retailers;
(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) through (((5))) (6) of this section, the state liquor ((control))
and cannabis 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 ((control)) and cannabis 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 ((control)) and cannabis 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 ((control)) and cannabis 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 ((control)) and cannabis 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
verification card; and
(b) Designated providers aged twenty-one or older who hold a valid
verification card.
(2) To be issued an endorsement, a marijuana retailer must:
(a) Be in compliance with this chapter and chapter 69.51A RCW;
(b) Ensure that there is one employee or volunteer on the premises
during business hours who has demonstrated experience and education
relating to the medical use of marijuana and who is able to provide
assistance to qualifying patients in the medical use of marijuana;
(c) Not authorize qualifying patients at the retail location or
permit health care professionals to provide authorizations to
qualifying patients at the retail location;
(d) Carry useable marijuana and marijuana-infused products with a
cannabidiol level identified by the department under subsection (3) of
this section;
(e) 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
(f) Meet other requirements as adopted by rule of the department or
the state liquor and cannabis 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 verification
program established in section 20 of this act for the sole purpose of
confirming the validity of qualifying patient or designated provider
verification 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) 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. However,
marijuana retailers holding a medical marijuana endorsement 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
verification 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 ((control)) and cannabis 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 ((control)) and cannabis 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 ((control)) and cannabis 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 verification card who is
eighteen years of age or older or a designated provider holding a valid
verification 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 17 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 qualifying
patients or designated providers who hold verification 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 a verification 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 a
verification card. If the same product is not sold to persons who do
not hold a verification card, the seller must establish to the
satisfaction of the state liquor and cannabis 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 ((control)) and cannabis 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.
Sec. 11 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 ((control)) and cannabis board as follows:
(1) 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 ((control)) and cannabis 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) 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) 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) An amount not exceeding one million two hundred fifty thousand
dollars to the state liquor ((control)) and cannabis board as is
necessary for administration of chapter 3, Laws of 2013;
(5) Of the funds remaining after the disbursements identified in
subsections (1) through (4) 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. 12 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.)) 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
Sec. 13 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. 14 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. 15 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
verification program as being the designated provider to a qualifying
patient, who must also be entered in the verification program, 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)) document" means ((paper)) a
document that meets one or more of the following industry-recognized
features:
(a) One or more features designed to prevent copying of the
((paper)) document;
(b) One or more features designed to prevent the erasure or
modification of information on the ((paper)) document; or
(c) One or more features designed to prevent the use of counterfeit
valid documentation.
(6) "Terminal or debilitating medical condition" means a condition
severe enough to significantly interfere with the patient's activities
of daily living and ability to function, which can be objectively
assessed and evaluated and limited to the following:
(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 and
which significantly interferes with the patient's activities of daily
living and the ability to function; ((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:
(a) A statement signed and dated by a qualifying patient's health
care professional written on a tamper-resistant ((paper)) document,
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.
(8) "Verification card" means a card issued by the department to
qualifying patients whose health care professionals have entered them
into the department's medical marijuana verification program.
(9) "Department" means the department of health.
(10) "Marijuana" has the meaning provided in RCW 69.50.101.
(11) "Marijuana processor" has the meaning provided in RCW
69.50.101.
(12) "Marijuana producer" has the meaning provided in RCW
69.50.101.
(13) "Marijuana retailer" has the meaning provided in RCW
69.50.101.
(14) "Marijuana-infused products" has the meaning provided in RCW
69.50.101.
(15) "Medical marijuana verification program" means a secure and
confidential program that issues verification cards to qualifying
patients and designated providers as provided in section 20 of this
act.
(16) "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.
(17) "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.
(18) "THC concentration" has the meaning provided in RCW 69.50.101.
(19) "Useable marijuana" has the meaning provided in RCW 69.50.101.
Sec. 16 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 a patient meeting the criteria established under RCW
69.51A.010(((26))) (4) with valid documentation or adding a patient to
the medical marijuana verification program, 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
medical use of marijuana.
(2)(a) A health care professional may only provide a patient with
valid documentation authorizing the medical use of ((cannabis))
marijuana or ((register)) add the patient ((with)) in the ((registry))
medical marijuana verification program established in section ((901))
20 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. 17 A new section is added to chapter 69.51A
RCW to read as follows:
(1) As part of entering a qualifying patient or designated provider
in the medical marijuana verification program, 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 entry, 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, of
which no more than three may be flowering, 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. When the qualifying
patient or designated provider is entered into the program, this amount
must also be entered.
NEW SECTION. Sec. 18 A new section is added to chapter 69.51A
RCW to read as follows:
(1) The department must convene a work group of representatives of
the University of Washington, the Washington State University, medical
quality assurance commission, the board of osteopathic medicine and
surgery, the nursing care quality assurance commission, the board of
naturopathy, and persons able to demonstrate through experience or
education expertise in the medical use of marijuana to develop
evidence-based practice guidelines for health care professionals to
consider when authorizing the medical use of marijuana. The practice
guidelines must consider any medical guidelines developed by the
University of Washington and Washington State University under RCW
28B.20.502 and 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. 19 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 verification
program.
NEW SECTION. Sec. 20 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 verification program for the limited
purpose of allowing:
(a) A health care professional to enter a qualifying patient or
designated provider;
(b) A law enforcement officer to confirm the verification card of
a qualifying patient or designated provider;
(c) A marijuana retailer holding a medical marijuana endorsement to
confirm the verification card of a qualifying patient;
(d) The state liquor and cannabis board to verify tax exemptions
under RCW 69.50.535;
(e) The department and the health care professional's disciplining
authorities to monitor entries and ensure compliance with this chapter
by their licensees; and
(f) Entries to expire one year after entered into the program.
(2) Rules adopted by the department under subsection (1) of this
section must ensure that the qualifying patient or designated provider
provide the minimum amount of personally identifying information
necessary to be able to carry out the purposes of subsection (1) of
this section.
(3) A qualifying patient and his or her designated provider, if
any, must be placed in the medical marijuana verification program by
the qualifying patient's health care professional. After a qualifying
patient or designated provider is placed in the medical marijuana
verification program, the department must issue a verification card.
The verification 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 effective date and expiration date of the verification
card;
(d) The name of the health care professional who authorized the
qualifying patient or designated provider for the medical use of
marijuana; and
(e) Additional security features as necessary to ensure the
validity of the verification card.
(4) Verification cards are valid for one year from the date the
health care professional enters the qualifying patient or designated
provider in the medical marijuana verification program. Qualifying
patients may not be reentered into the medical marijuana verification
program 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 verification
program and a new verification card will then be issued by the
department in accordance with department rules. The department must
adopt rules on replacing lost or stolen verification cards.
(5) The department must adopt rules for removing qualifying
patients and designated providers from the medical marijuana
verification program upon expiration of the verification card as well
as a method for permitting qualifying patients and designated providers
to remove their names from the medical marijuana verification program
before expiration and for health care professionals to remove
qualifying patients and designated providers from the medical marijuana
verification program before expiration if the patient or provider no
longer qualifies for the medical use of marijuana. The department must
retain program records for at least five calendar years to permit the
state liquor and cannabis board to verify eligibility for tax
exemptions.
(6) During development of the medical marijuana verification
program, 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.
(7) The medical marijuana verification program must meet the
following requirements:
(a) Any personally identifiable information included in the program
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 program
must not be susceptible to linkage by use of data external to the
program;
(c) The program must incorporate current best differential privacy
practices, allowing for maximum accuracy of program queries while
minimizing the chances of identifying the personally identifiable
information included therein; and
(d) The program must be upgradable and updated in a timely fashion
to keep current with state of the art privacy and security standards
and practices.
(8)(a) Personally identifiable information of qualifying patients
and designated providers included in the medical marijuana verification
program is confidential and exempt from public disclosure, inspection,
or copying under chapter 42.56 RCW.
(b) Information contained in the medical marijuana verification
program 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. 21 A new section is added to chapter 42.56 RCW
to read as follows:
Records in the medical marijuana verification program established
in section 20 of this act containing names and other personally
identifiable information of qualifying patients and designated
providers are exempt from disclosure under this chapter.
Sec. 22 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 verification card and possesses no more ((than fifteen cannabis
plants and:)) useable marijuana or marijuana-infused
products than the amount authorized under section 17 and 23 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,))
verification 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)) verification 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. 23 RCW 69.51A.045 and 2011 c 181 s 405 are each amended to
read as follows:
(1)(a) A qualifying patient holding valid documentation in
possession of plants, useable marijuana, or marijuana-infused products
exceeding the limits set forth in RCW 69.50.360(3) but otherwise in
compliance with the terms and conditions of this chapter may establish
an affirmative defense to charges of violations of state law relating
to marijuana through proof at trial, by a preponderance of the
evidence, that the qualifying patient has been authorized by a health
care professional for the medical use of marijuana, that the qualifying
patient meets the requirements of RCW 69.51A.010(4), and that the
qualifying patient's necessary medical use exceeds the amounts set
forth in RCW 69.50.360(3).
(b) An investigating law enforcement officer may seize plants,
useable marijuana, or marijuana-infused products exceeding the amounts
set forth in RCW 69.50.360(3). The officer and his or her law
enforcement agency may not be held civilly liable for failure to seize
marijuana in this circumstance.
(2)(a) A qualifying patient or designated provider holding a valid
verification card 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 17 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))) section 17 of this act.
(b) 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 17 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. 24 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 defense((s)) 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. 25 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 19 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. 26 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 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(7) or to backdate such documentation
to a time earlier than its actual date of execution;
(b) To produce a verification card or to tamper with a verification
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 17 of this act;
(c) 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
(d) 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. 27 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. 28 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 verification program upon receipt of a
revocation under this section.
Sec. 29 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. 30 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. 31 A new section is added to chapter 82.08 RCW
to read as follows:
(1) When marijuana is no longer classified as a schedule I drug
under the federal controlled substances act, the tax levied by RCW
82.08.020 shall not apply to sales of useable marijuana or marijuana-infused products to qualifying patients or designated providers who
hold valid verification cards.
(2) For the purposes of this section, "marijuana," "useable
marijuana," and "marijuana-infused products" have the meaning provided
in RCW 69.50.101 and "qualifying patient," "designated provider," and
"verification card" have the meaning provided in RCW 69.51A.010.
NEW SECTION. Sec. 32 A new section is added to chapter 69.51A
RCW to read as follows:
All valid documentation issued prior to the effective date of this
section expires January 1, 2015.
NEW SECTION. Sec. 33 A new section is added to chapter 69.51A
RCW to read as follows:
Neither this chapter nor chapter 69.50 RCW prohibits a health care
professional from selling or donating products that have a THC
concentration of less than .3%.
NEW SECTION. Sec. 34 (1) By January 1, 2016, the state liquor
and cannabis board, in conjunction with the department of health and
the advisory group established in subsection (2) of this section, must
report to the legislature on the following:
(a) The number of medical marijuana endorsements issued by the
state liquor and cannabis board;
(b) The number of purchases made by qualifying patients or
designated providers at marijuana retailers holding medical marijuana
endorsements and the types of products purchased, including the THC
concentration of such products;
(c) The location of marijuana retailers holding medical marijuana
endorsements and their proximity to other marijuana retailers;
(d) Whether there is a need for retail locations that are licensed
to only sell medical marijuana to qualifying patients or designated
providers;
(e) The experience of qualifying patients and designated providers
in purchasing marijuana for their medical use from marijuana retailers
holding medical marijuana endorsements, including whether they are able
to purchase products that meet their medical needs;
(f) Whether the use of valid documentation is being used by
qualifying patients as an alternative to receiving a verification card
and whether the provisions permitting valid documentation should be
made to expire or should remain in law;
(g) Whether a marijuana producer or marijuana processor endorsement
should be established to permit a producer or processor to sell
directly to up to five qualifying patients if the endorsement includes
the names of the five qualifying patients and a requirement that all
patients possess valid verification cards;
(h) Whether group grows are necessary for qualifying patients to
meet their needs, both in types of marijuana needed to treat their
terminal or debilitating medical condition and in researching new
products for such treatment, and whether provisions permitting group
grows should be adopted by the legislature. Any research relating to
group grows must include participation by local government
representatives to explore the role local government may take on in
authorizing and enforcing group grow limitations;
(i) Whether the use of valid documentation as a means for patients
to assert an affirmative defense to violations of the law on marijuana
use should remain in statute and what a reasonable transition period to
the medical marijuana verification program would be if the use of valid
documentation ceases;
(j) Options for funding the medical marijuana verification program;
and
(k) Any recommendations either agency has to improve qualifying
patient and designated provider access to medical marijuana, if
necessary.
(2) A medical marijuana advisory group must be appointed by the
governor for the limited purpose of assisting the state liquor and
cannabis board in researching qualifying patient and designated
provider experiences and needs as required by subsection (1)(d) through
(h) of this section. The advisory group will meet at the call of the
state liquor and cannabis board and expires January 1, 2016.
Membership of the advisory group is as follows:
(a) Two physicians who authorize the medical use of marijuana;
(b) Two pharmacists, one with compounding experience;
(c) One licensed marijuana producer with medical marijuana
experience;
(d) One licensed marijuana processor with medical marijuana
experience;
(e) One licensed marijuana retailer with medical marijuana
experience;
(f) One qualifying patient; and
(g) One naturopath who authorizes the medical use of marijuana.
Sec. 35 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
((control)) and cannabis 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.
NEW SECTION. Sec. 36 All references to the Washington state
liquor control board must be construed as referring to the Washington
state liquor and cannabis 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
liquor and cannabis board.
NEW SECTION. Sec. 37 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; and
(4) RCW 69.51A.047 (Failure to register or present valid
documentation -- Affirmative defense) and 2011 c 181 s 406.
NEW SECTION. Sec. 38 The following acts or parts of acts are
each repealed:
(1) RCW 69.51A.085 (Collective gardens) and 2011 c 181 s 403; and
(2) RCW 69.51A.140 (Counties, cities, towns -- Authority to adopt and
enforce requirements) and 2011 c 181 s 1102.
NEW SECTION. Sec. 39 Sections 1, 6 through 10, 15, 16, 22, 23,
25, 26, and 28 of this act take effect January 1, 2015.
NEW SECTION. Sec. 40 Section 38 of this act takes effect July 1,
2016.