5052-S2 AMH COND BLAC 093

2SSB 5052 - H AMD TO H AMD (H-2596.3/15) 401

By Representative Condotta

WITHDRAWN 04/10/2015

    On page 36, line 32 of the striking amendment, after "domicile." insert "If the qualifying patient or the designated provider does not have a recognition card and is participating in a cooperative under section 26 of this act, he or she may grow and possess, as his or her share of the cooperative's total production, up to ten plants and fourteen ounces of useable marijuana."

    On page 45, beginning on line 17 of the striking amendment, strike all of section 26 and insert the following:

    "NEW SECTION. Sec. 26.  A new section is added to chapter 69.51A RCW to read as follows:

(1) Qualifying patients or designated providers may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of members of the cooperative.

(2) No more than four qualifying patients or designated providers may become members of a cooperative under this section and all members must have a valid authorization. Members of the cooperative must be at least twenty-one years old.

(3) If a qualifying patient or designated provider no longer participates in growing at the location, the cooperative may not accept any new qualifying patient or designated provider for fifteen days from the date the qualifying patient or designated provider ceases participation. No more than two qualifying patients or designated providers may join the cooperative within a sixty day period.

(4) Qualifying patients or designated providers who participate in a cooperative under this section:

(a) May grow up to the total number of plants for which each participating member is authorized on their authorization, up to a maximum of sixty plants. Any participating member who does not have a recognition card shall, for purposes of determining the total number of plants for the cooperative, be considered to be authorized to grow ten plants. At the location, the qualifying patients or designated providers may possess the total amount of useable marijuana for which each participating member is authorized on their authorization, but no more than seventy-two ounces. Any participating member who does not have a recognition card shall, for purposes of determining the total amount of useable marijuana for the cooperative, be considered to be authorized to possess fourteen ounces;

(b) May only participate in one cooperative;

(c) May only grow plants in the cooperative and if he or she grows plants in the cooperative may not grow plants elsewhere;

(d) Must provide assistance in growing plants. A monetary contribution or donation is not to be considered assistance under this section. Participants must provide nonmonetary resources and labor in order to participate; and

(e) May not sell, donate, or otherwise provide marijuana, marijuana concentrates, useable marijuana, or marijuana-infused products to a person who is not participating under this section.

(5) The location of the cooperative must be the domicile of one of the participants and this is the only location at which cooperative members may grow or process marijuana. Only one cooperative may be located per property tax parcel. A copy of each participant's authorization must be kept at the location at all times. Documentation of all participants in the cooperative must be maintained at the location for at least two years.

(6) Law enforcement may inspect a cooperative established under this section to ensure members are in compliance with this section if the inspection occurs at reasonable hours and is for reasons in connection with a specific, legitimate criminal investigation regarding marijuana."

EFFECT:   Eliminates the requirement that cooperatives register with the State Liquor and Cannabis Board (LCB). Removes the requirement that the LCB adopt rules for security at cooperatives, a seed to sale traceability model for cooperatives, and inspection procedures at cooperatives.

Allows participants in a cooperative who do not have a recognition card to have up to 10 plants and 14 ounces of useable marijuana. Establishes 10 plants and 14 ounces as the basis for calculating total plant and useable marijuana amounts for the cooperative for those members who do not have a recognition card.

Requires that qualifying patient and designated provider documentation be maintained for at least two years.

Prohibits a cooperative from replacing a departing qualifying patient or designated provider for 15 days from the date that he or she leaves the cooperative. Prohibits the cooperative from having more than two qualifying patients or designated providers join the cooperative within a 60-day period.

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