BILL REQ. #:  H-1796.1 

Read first time 02/09/2007.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to investigation information of medical marijuana patients; 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 are each amended to read as follows:
     (1)(a) 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.
     (b) Where a state-funded or locally funded law enforcement agency arrests an individual who, during the course of the investigation, asserts that he or she is a qualifying patient, the law enforcement agency shall not provide any information from the investigation to any law enforcement authority that does not recognize the protection of this chapter and the prosecution of the individual shall be conducted pursuant to the laws of Washington.
     (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) 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.