S-1132.2  _______________________________________________

                         SENATE BILL 5771

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Hargrove, Long, Heavey, Zarelli and Johnson

Read first time 02/08/1999.  Referred to Committee on Health & Long‑Term Care.

Clarifying administration and enforcement of medical marijuana regulations.

    AN ACT Relating to clarifying administration and enforcement of medical marijuana regulations; amending RCW 69.51A.040 and 69.51A.060; adding a new section to chapter 69.51A RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature intends to clarify the administration and enforcement of Initiative 692.  The legislature does not intend this act in any way to change or restrict the policy of the people of Washington as expressed by their enactment of the measure.  The purpose of this act is to reinforce the legitimate medical decisions made by physicians, primary caregivers, and qualifying patients through adoption of necessary clarifying amendments.  These amendments are intended to reduce the opportunities for people who would not otherwise qualify for protections under Initiative 692 to use its terms to abuse controlled substances.  Such abuse frustrates the intent of the people and threatens the integrity of the initiative process.

    Sec. 2.  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; and

    (c) Have in his or her immediate possession and 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) Have in his or her immediate possession and 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.

NEW SECTION. Sec. 3.  A new section is added to chapter 69.51A RCW to read as follows:

    (1) For the purposes of RCW 69.51A.040, "valid documentation" consists of a completed form prepared by the physician in substantially the following form:

    "(a). . . . . . . . .  . . . . . . . . . .   . . . . . . . . .

    Physician's Name       Physician's Address   Physician's Office

                           Telephone

    (b). . . . . . . . .   . . . . . . . . . .   . . . . . . . . .

    Primary Care-          Primary Care-         Primary Care-

    giver's Name           giver's Address       giver's Daytime

                           Telephone

    (c) . . . . . . . . . . . . . . .

    Date of Initial Documentation

    from Physician under RCW 69.51A.030

    (d) . . . . . . . . . . . . . . .

    . . . . . . . . . . . . . . .

    Dosage Recommendation by Physician

    (e) . . . . . . . . . . . . . . .

    . . . . . . . . . . . . . . .

    Maximum Quantity Legally Possessed

    Considering Dosage and 60-Day Limitation

    (f) . . . . . . . . . . . . . . .            . . . . . . . . .

    Physician's Signature  Date of Signature"

    (2) The physician must file a copy of the completed form specified in subsection (1) of this section with the medical quality assurance commission within seven days of the date that the physician provided the qualifying patient with valid documentation under RCW 69.51A.030.  The commission must make the information available to law enforcement agencies upon request for the purpose of investigating violations of this chapter.

    (3) Each qualifying patient must sign a release in order to obtain the valid documentation from the physician that grants permission to disclose the information to law enforcement agencies.

    Sec. 4.  RCW 69.51A.060 and 1999 c 2 s 8 (Initiative Measure No. 692) are each amended to read as follows:

    (1) It ((shall be)) is a misdemeanor to use or display medical marijuana in a manner or place which is open to the view of the general public.

    (2) Nothing in this chapter requires any health insurance provider to be liable for any claim for reimbursement for the medical use of marijuana.

    (3) Nothing in this chapter requires any physician to authorize the use of medical marijuana for a patient.

    (4) Nothing in this chapter requires any accommodation of any medical use of marijuana in any place of employment, in any school bus or on any school grounds, or in any youth center.  Nothing in this act prohibits an employer from removing an employee from his or her duties when the employee poses a safety risk or is unable to perform his or her duties due to use of marijuana under this chapter.

    (5) 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(5)(a).

    (6) ((No person shall be entitled to claim the affirmative defense provided in RCW 69.51A.040 for engaging in the medical use of 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.)) Nothing in this act is a defense against any infraction, violation, or offense specified in chapter 46.20, 46.25, or 46.61 RCW, or RCW 88.12.025, or any equivalent local ordinance.

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