S-3653.4  _______________________________________________

                    SUBSTITUTE SENATE BILL 5704

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senate Committee on Health & Long‑Term Care (originally sponsored by Senators Kohl‑Welles and Thibaudeau)

Read first time 01/28/2000.

Authorizing adoption of rules to implement medical marijuana law.

    AN ACT Relating to rules to implement the medical marijuana law; and amending RCW 69.51A.040.

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

    Sec. 1.  RCW 69.51A.040 and 1999 c 2 s 5 (Initiative Measure No. 692) are each amended to read as follows:

    (1) If charged with a violation of state law relating to marijuana, any qualifying patient who is engaged in the medical use of marijuana, or any designated primary caregiver who assists a qualifying patient in the medical use of marijuana, will be deemed to have established an affirmative defense to such charges by proof of his or her compliance with the requirements provided in this chapter.  Any person meeting the requirements appropriate to his or her status under this chapter shall be considered to have engaged in activities permitted by this chapter and shall not be penalized in any manner, or denied any right or privilege, for such actions.

    (2) The qualifying patient, if eighteen years of age or older, shall:

    (a) Meet all criteria for status as a qualifying patient;

    (b) Possess no more marijuana than is necessary for the patient's personal, medical use, not exceeding the amount necessary for a sixty-day supply, as determined in rule by the department of health; and

    (c) Present his or her valid documentation to any law enforcement official who questions the patient regarding his or her medical use of marijuana.

    (3) The qualifying patient, if under eighteen years of age, shall comply with subsection (2)(a) and (c) of this section.  However, any possession under subsection (2)(b) of this section, as well as any production, acquisition, and decision as to dosage and frequency of use, shall be the responsibility of the parent or legal guardian of the qualifying patient.

    (4) The designated primary caregiver shall:

    (a) Meet all criteria for status as a primary caregiver to a qualifying patient;

    (b) Possess, in combination with and as an agent for the qualifying patient, no more marijuana than is necessary for the patient's personal, medical use, not exceeding the amount necessary for a sixty-day supply;

    (c) Present a copy of the qualifying patient's valid documentation required by this chapter, as well as evidence of designation to act as primary caregiver by the patient, to any law enforcement official requesting such information;

    (d) Be prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as primary caregiver; and

    (e) Be the primary caregiver to only one patient at any one time.

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