BILL REQ. #: Z-0633.5
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 02/24/2003. Referred to Committee on Health & Long-Term Care.
AN ACT Relating to medical use of marijuana; amending RCW 69.51A.040; 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 law
on medical marijuana so the lawful use of this substance is not
impaired and medical practitioners are able to exercise their best
professional judgment in the delivery of medical treatment without any
fear of state criminal prosecution. This act is also intended to
provide clarification to law enforcement and to all parties in the
judicial system.
Sec. 2 RCW 69.51A.040 and 1999 c 2 s 5 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 recommended by the patient's physician; 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
within the recommended limits established by the patient's physician,
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)) one patient's
personal, medical use, not exceeding the amount necessary for a sixty-day supply, as recommended by the patient's physician;
(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.
(5) A physician prescribing to a qualified patient under this
section must issue to the patient a physician statement on a form that
includes, but is not limited to the following:
Qualifying Patient: . . . . . . . . . . . .
Date of Birth: . . . . . . . . . . . . I am a physician licensed in the State of Washington. I am
treating the above-named patient for a terminal or debilitating
medical condition as defined in RCW 69.51A.010. It is my
medical opinion that the above-named patient may benefit from
the medical use of marijuana.
Signature of Physician: . . . . . . . . . . . .
Printed Name of Physician: . . . . . . . . . . . .
Date: . . . . . . . . . . . .