S-3669.2
SENATE BILL 6177
State of Washington
64th Legislature
2016 Regular Session
By Senator Rivers
Prefiled 01/07/16. Read first time 01/11/16. Referred to Committee on Commerce & Labor.
AN ACT Relating to the marijuana research license; and amending RCW 69.50.372 and 43.350.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.  RCW 69.50.372 and 2015 2nd sp.s. c 4 s 1501 are each amended to read as follows:
(1) ((There shall be)) A marijuana research license is established that permits a licensee to produce, process, and possess marijuana for the following limited research purposes:
(a) To test chemical potency and composition levels;
(b) To conduct clinical investigations of marijuana-derived drug products;
(c) To conduct research on the efficacy and safety of administering marijuana as part of medical treatment; and
(d) To conduct genomic or agricultural research.
(2) ((As part of the application process for a marijuana research license,)) An applicant must submit ((to the life sciences discovery fund authority)) a description of the research that is intended to be conducted with its application for a marijuana research license. The ((life sciences discovery fund authority must)) liquor and cannabis board must select a scientific reviewer to review ((the)) an applicant's submitted description of the research project and determine that it meets the requirements of subsection (1) of this section. If the ((life sciences discovery fund authority)) scientific reviewer determines that the research project does not meet the requirements of subsection (1) of this section, the application must be denied.
(3) A marijuana research licensee may only sell marijuana grown or within its operation to other marijuana research licensees. The state liquor and cannabis board may revoke a marijuana research license for violations of this subsection.
(4) A marijuana research licensee may contract with the University of Washington or Washington State University to perform research in conjunction with the university. All research projects, not including those projects conducted pursuant to a contract entered into under RCW 28B.20.502(3), must be approved by the ((life sciences discovery fund authority)) scientific reviewer and meet the requirements of subsection (1) of this section.
(5) In establishing a marijuana research license, the ((state)) liquor and cannabis board may adopt rules on the following:
(a) Application requirements;
(b) Marijuana research license renewal requirements, including whether additional research projects may be added or considered;
(c) Conditions for license revocation;
(d) Security measures to ensure marijuana is not diverted to purposes other than research;
(e) Amount of plants, useable marijuana, marijuana concentrates, or marijuana-infused products a licensee may have on its premises;
(f) Licensee reporting requirements;
(g) Conditions under which marijuana grown by marijuana processors may be donated to marijuana research licensees; and
(h) Additional requirements deemed necessary by the state liquor and cannabis board.
(6) The production, processing, possession, delivery, donation, and sale of marijuana in accordance with this section and the rules adopted to implement and enforce it, by a validly licensed marijuana researcher, shall not be a criminal or civil offense under Washington state law. Every marijuana research license must be issued in the name of the applicant, must specify the location at which the marijuana researcher intends to operate, which must be within the state of Washington, and the holder thereof may not allow any other person to use the license.
(7) The application fee for a marijuana research license is two hundred fifty dollars. The annual fee for issuance and renewal of a marijuana research license is one thousand dollars. Fifty percent of the application fee, the issuance fee, and the renewal fee must be ((deposited to the life sciences discovery fund under RCW 43.350.070, or, if that fund ceases to exist, to the general fund)) paid to the scientific reviewer.
(8) For the purposes of this section, "scientific reviewer" means a science or research-based organization that employs persons who are qualified to determine whether a research project meets the criteria for a marijuana research license under this section. "Scientific reviewers" include, but are not limited to, educational institutions, research institutions, peer review groups, or such other science or research-based organizations that are capable of determining the research value of a marijuana research license applicant.
Sec. 2.  RCW 43.350.030 and 2015 2nd sp.s. c 4 s 1503 are each amended to read as follows:
In addition to other powers and duties prescribed in this chapter, the authority is empowered to:
(1) Use public moneys in the life sciences discovery fund, leveraging those moneys with amounts received from other public and private sources in accordance with contribution agreements, to promote life sciences research;
(2) Solicit and receive gifts, grants, and bequests, and enter into contribution agreements with private entities and public entities other than the state to receive moneys in consideration of the authority's promise to leverage those moneys with amounts received through appropriations from the legislature and contributions from other public entities and private entities, in order to use those moneys to promote life sciences research. Nonstate moneys received by the authority for this purpose shall be deposited in the life sciences discovery fund created in RCW 43.350.070;
(3) Hold funds received by the authority in trust for their use pursuant to this chapter to promote life sciences research;
(4) Manage its funds, obligations, and investments as necessary and as consistent with its purpose including the segregation of revenues into separate funds and accounts;
(5) Make grants to entities pursuant to contract for the promotion of life sciences research to be conducted in the state. Grant agreements must specify deliverables to be provided by the recipient pursuant to the grant. The authority shall solicit requests for funding and evaluate the requests by reference to factors such as: (a) The quality of the proposed research; (b) its potential to improve health outcomes, with particular attention to the likelihood that it will also lower health care costs, substitute for a more costly diagnostic or treatment modality, or offer a breakthrough treatment for a particular disease or condition; (c) its potential for leveraging additional funding; (d) its potential to provide health care benefits or benefit human learning and development; (e) its potential to stimulate the health care delivery, biomedical manufacturing, and life sciences related employment in the state; (f) the geographic diversity of the grantees within Washington; (g) evidence of potential royalty income and contractual means to recapture such income for purposes of this chapter; and (h) evidence of public and private collaboration;
(6) Create one or more advisory boards composed of scientists, industrialists, and others familiar with life sciences research; and
(7) ((Review and approve or disapprove marijuana research license applications under RCW 69.50.372;
(8) Review any reports made by marijuana research licensees under state liquor and cannabis board rule and provide the state liquor and cannabis board with its determination on whether the research project continues to meet research qualifications under RCW 69.50.372(1); and
(9))) Adopt policies and procedures to facilitate the orderly process of grant application, review, and reward.
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