BILL REQ. #: H-2827.2
State of Washington | 62nd Legislature | 2011 1st Special Session |
Read first time 05/17/11. Referred to Committee on Health Care & Wellness.
AN ACT Relating to medical use of cannabis; amending RCW 69.51A.010, 69.51A.030, 69.51A.040, 69.51A.---, 69.51A.050, 69.51A.---, 82.08.0281, and 82.12.0275; and repealing RCW 69.51A.---, 69.51A.---, and 69.51A.---.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 69.51A.010 and 2010 c 284 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Cannabis" means all parts of the plant Cannabis, whether
growing or not; the seeds thereof; the resin extracted from any part of
the plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin. For the purposes of
this chapter, "cannabis" does not include the mature stalks of the
plant, fiber produced from the stalks, oil, or cake made from the seeds
of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks, except the resin
extracted therefrom, fiber, oil, or cake, or the sterilized seed of the
plant which is incapable of germination. The term "cannabis" includes
cannabis products and useable cannabis.
(2) "Clone" means a group of organisms or cells produced asexually
from one ancestor or stock, to which they are genetically identical.
(3) "Collective garden" means qualifying patients or their
designated providers sharing responsibility for acquiring and supplying
the resources required to produce and process cannabis for medical use
such as: A location for a collective garden; equipment, supplies, and
labor necessary to plant, grow, and harvest cannabis; cannabis plants,
seeds, and cuttings; and equipment, supplies, and labor necessary for
proper construction, plumbing, wiring, and ventilation of a garden of
cannabis plants.
(4) "Correctional facility" has the meaning provided in RCW
72.09.015.
(5) "Corrections agency or department" means any agency or
department in the state of Washington, including local governments or
jails, that is vested with the responsibility to manage those
individuals who are being supervised in the community for a criminal
conviction and has established a written policy for determining when
the medical use of cannabis, including possession, manufacture, or
delivery of, or for possession with intent to manufacture or deliver,
is inconsistent with and contrary to the person's supervision.
(6)(a) "Designated provider" means a person who:
(((a))) (i) Is eighteen years of age or older;
(((b))) (ii) Has been designated in ((writing)) a written document
signed and dated by a qualifying patient to serve as a designated
provider under this chapter;
(((c) Is prohibited from consuming marijuana obtained for the
personal, medical use of the patient for whom the individual is acting
as designated provider; and)) (iii) Is the designated provider to only one qualifying
patient at any one time; and
(d)
(iv) Is in compliance with the terms and conditions set forth in
RCW 69.51A.040.
(b) "Designated provider" includes a qualifying patient who serves
as the designated provider for another qualifying patient and who may
be in possession of both patients' cannabis at the same time.
(7) "Dispense" means the selection, measuring, packaging, labeling,
delivery, or sale of cannabis by a collective garden or nonprofit
patient cooperative to a qualifying patient or designated provider who
is a member of that collective garden or nonprofit patient cooperative.
(((2))) (8) "Health care professional," for purposes of this
chapter only, means a physician licensed under chapter 18.71 RCW, a
physician assistant licensed under chapter 18.71A RCW, an osteopathic
physician licensed under chapter 18.57 RCW, an osteopathic physicians'
assistant licensed under chapter 18.57A RCW, a naturopath licensed
under chapter 18.36A RCW, or an advanced registered nurse practitioner
licensed under chapter 18.79 RCW.
(((3))) (9) "Jail" has the meaning provided in RCW 70.48.020.
(10) "Labeling" means all labels and other written, printed, or
graphic matter upon any cannabis intended for medical use or
accompanying such cannabis.
(11) "Licensed dispensary" means any medical cannabis access point
that has obtained a business license with the local jurisdiction or the
department of licensing or has filed as a corporation with the
secretary of state and where qualified patients may obtain usable
medical cannabis, cannabis products, and clones.
(12) "Medical use of ((marijuana)) cannabis" means the production,
possession, dispensing, manufacture, delivery, or administration of
((marijuana, as defined in RCW 69.50.101(q),)) cannabis for the
exclusive benefit of a qualifying patient in the treatment of his or
her terminal or debilitating ((illness)) medical condition.
(((4))) (13) "Nonprofit patient cooperative" means a member run
nonprofit corporation registered with the secretary of state under
chapter 24.03 or 24.06 RCW but which is not required to be recognized
as an organization under 26 U.S.C. Sec. 501(c)(3) by the federal
internal revenue service. Members of a nonprofit patient cooperative
must be qualifying patients or their designated providers.
(14) "Peace officer" has the meaning provided in RCW 43.101.010.
(15) "Plant" means an organism having at least three
distinguishable and distinct leaves, each leaf being at least three
centimeters in diameter, and a readily observable root formation
consisting of at least two separate and distinct roots, each being at
least two centimeters in length. Multiple stalks emanating from the
same root ball or root system shall be considered part of the same
single plant.
(16) "Public place" includes: Streets and alleys of incorporated
cities and towns; state or county or township highways or roads;
buildings and grounds used for school purposes; public dance halls and
grounds adjacent thereto; premises where goods and services are offered
to the public for retail sale; public buildings, public meeting halls,
lobbies, halls and dining rooms of hotels, restaurants, theatres,
stores, garages, and filling stations which are open to and are
generally used by the public and to which the public is permitted to
have unrestricted access; railroad trains, stages, buses, ferries, and
other public conveyances of all kinds and character, and the depots,
stops, and waiting rooms used in conjunction therewith which are open
to unrestricted use and access by the public; publicly owned bathing
beaches, parks, or playgrounds; and all other places of like or similar
nature to which the general public has unrestricted right of access,
and which are generally used by the public.
(17)(a) "Qualifying patient" means a person who:
(((a))) (i) Is a patient of a health care professional;
(((b))) (ii) Has been diagnosed by that health care professional as
having a terminal or debilitating medical condition;
(((c))) (iii) Is a resident of the state of Washington at the time
of such diagnosis;
(((d))) (iv) Has been advised by that health care professional
about the risks and benefits of the medical use of ((marijuana))
cannabis;((and)) (v) Has been advised by that health care professional that
((
(e)they)) he or she may benefit from the medical use of ((marijuana))
cannabis; and
(vi) Is otherwise in compliance with the terms and conditions of
this chapter.
(b) The term "qualifying patient" does not include a person who is
actively being supervised for a noncannabis-related felony criminal
conviction by a corrections agency or department that has determined
that the terms of this chapter are inconsistent with and contrary to
his or her supervision and all related processes and procedures related
to that supervision.
(((5))) (18) "Tamper-resistant authorization" means a doctor's
authorization for the medical use of cannabis on a tamper-resistant
document.
(19) "Tamper-resistant ((paper)) document" means paper or tamper-resistant card that meets one or more of the following industry-recognized features:
(a) One or more features designed to prevent copying of the paper;
(b) One or more features designed to prevent the erasure or
modification of information on the paper; or
(c) One or more features designed to prevent the use of counterfeit
valid documentation.
(((6))) (20) "Terminal or debilitating medical condition" means:
(a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis,
epilepsy or other seizure disorder, or spasticity disorders; or
(b) Intractable pain, limited for the purpose of this chapter to
mean pain unrelieved by standard medical treatments and medications; or
(c) Glaucoma, either acute or chronic, limited for the purpose of
this chapter to mean increased intraocular pressure unrelieved by
standard treatments and medications; or
(d) Crohn's disease with debilitating symptoms unrelieved by
standard treatments or medications; or
(e) Hepatitis C with debilitating nausea or intractable pain
unrelieved by standard treatments or medications; or
(f) Diseases, including anorexia, which result in nausea, vomiting,
((wasting)) cachexia, appetite loss, cramping, seizures, muscle spasms,
or spasticity, when these symptoms are unrelieved by standard
treatments or medications; or
(g) Any other medical condition duly approved by the Washington
state medical quality assurance commission in consultation with the
board of osteopathic medicine and surgery as directed in this chapter.
(((7))) (21) "Useable cannabis" means dried flowers of the Cannabis
plant. Useable cannabis excludes stems, stalks, leaves, seeds, and
roots. The term "useable cannabis" does not include cannabis products.
(22)(a) "Valid documentation" means:
(((a) A)) (i) An original statement signed and dated by a
qualifying patient's health care professional written on tamper-resistant ((paper)) document and valid for up to one year from the date
of the health care professional's signature, which states that, in the
health care professional's professional opinion, the patient may
benefit from the medical use of ((marijuana)) cannabis; and
(((b))) (ii) Proof of identity such as a Washington state driver's
license or identicard, as defined in RCW 46.20.035.
(b) In the case of a designated provider, "valid documentation"
means the signed and dated document valid for up to one year from the
date of signature executed by the qualifying patient who has designated
the provider.
Sec. 2 RCW 69.51A.030 and 2011 c 181 s 301 are each amended to
read as follows:
(1) The following acts do not constitute crimes under state law or
unprofessional conduct under chapter 18.130 RCW, and a health care
professional may not be arrested, searched, prosecuted, disciplined, or
subject to other criminal sanctions or civil consequences or liability
under state law, or have real or personal property searched, seized, or
forfeited pursuant to state law, notwithstanding any other provision of
law as long as the health care professional complies with subsection
(2) of this section:
(a) Advising a patient about the risks and benefits of medical use
of cannabis or that the patient may benefit from the medical use of
cannabis; or
(b) Providing a patient meeting the criteria established under RCW
69.51A.010(((26))) (17) with valid documentation, based upon the health
care professional's assessment of the patient's medical history and
current medical condition, where such use is within a professional
standard of care or in the individual health care professional's
medical judgment.
(2)(a) A health care professional may only provide a patient with
valid documentation authorizing the medical use of cannabis ((or
register the patient with the registry established in section 901 of
this act)) if he or she has a newly initiated or existing documented
relationship with the patient, as a primary care provider or a
specialist, relating to the diagnosis and ongoing treatment or
monitoring of the patient's terminal or debilitating medical condition,
and only after:
(i) Completing a physical examination of the patient as
appropriate, based on the patient's condition and age;
(ii) Documenting the terminal or debilitating medical condition of
the patient in the patient's medical record and that the patient may
benefit from treatment of this condition or its symptoms with medical
use of cannabis;
(iii) Informing the patient of other options for treating the
terminal or debilitating medical condition; and
(iv) Documenting other measures attempted to treat the terminal or
debilitating medical condition that do not involve the medical use of
cannabis.
(b) A health care professional shall not:
(i) Accept, solicit, or offer any form of pecuniary remuneration
from or to a ((licensed dispenser, licensed producer, or licensed
processor of cannabis products)) collective garden or nonprofit patient
cooperative;
(ii) Offer a discount or any other thing of value to a qualifying
patient who is a ((customer)) member of, or agrees to be a ((customer))
member of, a particular ((licensed dispenser, licensed producer, or
licensed processor of cannabis products)) collective garden or
nonprofit patient cooperative;
(iii) Examine or offer to examine a patient for purposes of
diagnosing a terminal or debilitating medical condition at a location
where cannabis is produced, processed, or dispensed;
(iv) Have a business ((or practice)) which consists solely of
authorizing the medical use of cannabis; or
(v) ((Include any statement or reference, visual or otherwise, on
the medical use of cannabis in any advertisement for his or her
business or practice; or)) Process or dispense((
(vi) Hold an economic interest in an enterprise that produces,
processes,s)) cannabis if the health care
professional authorizes the medical use of cannabis.
(((3) A violation of any provision of subsection (2) of this
section constitutes unprofessional conduct under chapter 18.130 RCW.))
Sec. 3 RCW 69.51A.040 and 2011 c 181 s 401 are each amended to
read as follows:
The medical use of cannabis in accordance with the terms and
conditions of this chapter does not constitute a crime and a qualifying
patient or designated provider in compliance with the terms and
conditions of this chapter may not be arrested, prosecuted, or subject
to other criminal sanctions or civil consequences, for possession,
manufacture, or delivery of, or for possession with intent to
manufacture or deliver, cannabis under state law, or have real or
personal property seized or forfeited for possession, manufacture, or
delivery of, or for possession with intent to manufacture or deliver,
cannabis under state law, and investigating peace officers and law
enforcement agencies may not be held civilly liable for failure to
seize cannabis in this circumstance, if:
(1)(a) The qualifying patient or designated provider possesses no
more than fifteen cannabis plants and:
(i) No more than twenty-four ounces of useable cannabis;
(ii) No more cannabis product than what could reasonably be
produced with no more than twenty-four ounces of useable cannabis; or
(iii) A combination of useable cannabis and cannabis product that
does not exceed a combined total representing possession and processing
of no more than twenty-four ounces of useable cannabis((.));
(b) ((If a)) The person is both a qualifying patient and a
designated provider for another qualifying patient, ((the person may))
and possesses no more than twice the amounts described in (a) of this
subsection, whether the plants, useable cannabis, and cannabis product
are possessed individually or in combination between the qualifying
patient and his or her designated provider;
(2) The qualifying patient or designated provider presents his or
her ((proof of registration with the department of health,)) tamper-resistant authorization to any peace officer who questions the patient
or provider regarding his or her medical use of cannabis;
(3) The qualifying patient or designated provider keeps a copy of
his or her ((proof of registration with the registry established in
section 901 of this act)) tamper-resistant authorization and the
qualifying patient or designated provider's contact information posted
prominently next to any cannabis plants((, cannabis products, or
useable cannabis)) located at his or her residence; and
(4) ((The investigating peace officer does not possess evidence
that:)) The investigating peace officer does not possess evidence
that the designated provider has ((
(a) The designated provider has converted cannabis produced or
obtained for the qualifying patient for his or her own personal use or
benefit; or
(b) The qualifying patient has converted cannabis produced or
obtained for his or her own medical use to the qualifying patient's
personal, nonmedical use or benefit;
(5)served)) violated RCW 69.51A.---
(section 404, chapter 181, Laws of 2011) by serving as a designated
provider to more than one qualifying patient ((within a fifteen-day
period; and)) at a time.
(((6) The investigating peace officer has not observed evidence of
any of the circumstances identified in section 901(4) of this act.))
Sec. 4 RCW 69.51A.--- and 2011 c 181 s 403 are each amended to
read as follows:
(1) It is not a violation of state criminal or civil law if
qualifying patients ((may)) or their designated providers create and
participate in collective gardens ((for the purpose of producing,
processing, transporting, and delivering)) to produce, process,
transport, or deliver cannabis for the medical use of its members or,
in the case of designated providers, the qualifying patients they
serve, or nonprofit patient cooperatives, subject to the following
conditions:
(a) A collective garden may have no more than ten ((qualifying
patients may participate in a single collective garden at any time))
members;
(b) Contributions by members may not be solely monetary;
(c) No more than one collective garden is permitted per property
tax parcel;
(d) A collective garden may contain no more than fifteen plants per
((patient)) member up to a total of forty-five plants;
(((c))) (e) A collective garden may contain no more than twenty-four ounces of useable cannabis per ((patient)) member up to a total of
seventy-two ounces of useable cannabis;
(((d))) (f) A copy of each ((qualifying patient's)) member's valid
documentation ((or proof of registration with the registry established
in section 901 of this act, including)) and a copy of the ((patient's))
member's proof of identity, must be available at all times on the
premises of the collective garden; and
(((e))) (g) No useable cannabis from the collective garden ((is))
may be delivered to anyone other than one of the ((qualifying patients
participating in)) members of the collective garden, a nonprofit
patient cooperative, or a licensed dispensary.
(2) ((For purposes of this section, the creation of a "collective
garden" means qualifying patients sharing responsibility for acquiring
and supplying the resources required to produce and process cannabis
for medical use such as, for example, a location for a collective
garden; equipment, supplies, and labor necessary to plant, grow, and
harvest cannabis; cannabis plants, seeds, and cuttings; and equipment,
supplies, and labor necessary for proper construction, plumbing,
wiring, and ventilation of a garden of cannabis plants.)) A person who knowingly violates a provision of ((
(3)subsection
(1) of)) this section is not entitled to the protections of this
chapter.
Sec. 5 RCW 69.51A.050 and 1999 c 2 s 7 are each amended to read
as follows:
(1) The lawful possession, dispensing, delivery, or manufacture of
medical ((marijuana as authorized by)) cannabis under this chapter
shall not result in arrest, prosecution, or the forfeiture or seizure
of any real or personal property including, but not limited to,
cannabis intended for medical use, items used to facilitate the medical
use of cannabis or its production or dispensing for medical use, or
proceeds of sales of cannabis for medical use made by nonprofit patient
cooperatives or licensed dispensaries.
(2) No person shall be prosecuted for constructive possession,
conspiracy, or any other criminal offense solely for being in the
presence or vicinity of ((medical marijuana)) cannabis intended for
medical use or its use as authorized by this chapter.
(3) The state shall not be held liable for any deleterious outcomes
from the medical use of ((marijuana)) cannabis by any qualifying
patient.
Sec. 6 RCW 69.51A.--- and 2011 c 181 s 1105 are each amended to
read as follows:
(1)(a) The arrest and prosecution protections established in RCW
69.51A.040 may not be asserted in a supervision revocation or violation
hearing by a person who is supervised by a corrections agency or
department, including local governments or jails, for noncannabis-related felony conviction, that has determined that the terms of this
section are inconsistent with and contrary to his or her supervision.
(b) The affirmative defenses established in RCW 69.51A.--- (section
402, chapter 181, Laws of 2011)((,)) and 69.51A.--- (section 405,
chapter 181, Laws of 2011)((, 69.51A.--- (section 406, chapter 181,
Laws of 2011), and section 407 of this act)) may not be asserted in a
supervision revocation or violation hearing by a person convicted of a
noncannabis-related felony who is supervised by a corrections agency or
department, including local governments or jails, that has determined
that the terms of this section are inconsistent with and contrary to
his or her supervision.
(2) The provisions of RCW 69.51A.040, 69.51A.--- (section 403,
chapter 181, Laws of 2011), and 69.51A.--- (section 413, chapter 181,
Laws of 2011) do not apply to a person who is supervised for a criminal
conviction by a corrections agency or department, including local
governments or jails, that has determined that the terms of this
chapter are inconsistent with and contrary to his or her supervision.
(((3) A person may not be licensed as a licensed producer, licensed
processor of cannabis products, or a licensed dispenser under section
601, 602, or 701 of this act if he or she is supervised for a criminal
conviction by a corrections agency or department, including local
governments or jails, that has determined that licensure is
inconsistent with and contrary to his or her supervision.))
Sec. 7 RCW 82.08.0281 and 2004 c 153 s 108 are each amended to
read as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales of
drugs for human use dispensed or to be dispensed to patients, pursuant
to a prescription.
(2) The tax levied by RCW 82.08.020 shall not apply to sales of
drugs or devices used for family planning purposes, including the
prevention of conception, for human use dispensed or to be dispensed to
patients, pursuant to a prescription.
(3) The tax levied by RCW 82.08.020 shall not apply to sales of
drugs and devices used for family planning purposes, including the
prevention of conception, for human use supplied by a family planning
clinic that is under contract with the department of health to provide
family planning services.
(4) The tax levied by RCW 82.08.020 shall not apply to sales of
cannabis for medical use by a nonprofit patient cooperative to
qualifying patients or designated providers if the sale is made in
compliance with the provisions of chapter 69.51A RCW. The definitions
in chapter 69.51A RCW apply to this subsection.
(5) The definitions in this subsection apply throughout this
section.
(a) "Prescription" means an order, formula, or recipe issued in any
form of oral, written, electronic, or other means of transmission by a
duly licensed practitioner authorized by the laws of this state to
prescribe.
(b) "Drug" means a compound, substance, or preparation, and any
component of a compound, substance, or preparation, other than food and
food ingredients, dietary supplements, or alcoholic beverages:
(i) Recognized in the official United States pharmacopoeia,
official homeopathic pharmacopoeia of the United States, or official
national formulary, or any supplement to any of them; or
(ii) Intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease; or
(iii) Intended to affect the structure or any function of the body.
(c) "Over-the-counter drug" means a drug that contains a label that
identifies the product as a drug required by 21 C.F.R. Sec. 201.66, as
amended or renumbered on January 1, 2003. The label includes:
(i) A "drug facts" panel; or
(ii) A statement of the "active ingredient(s)" with a list of those
ingredients contained in the compound, substance, or preparation.
Sec. 8 RCW 82.12.0275 and 2003 c 168 s 406 are each amended to
read as follows:
(1) The provisions of this chapter shall not apply in respect to
the use of drugs dispensed or to be dispensed to patients, pursuant to
a prescription, if the drugs are for human use.
(2) The provisions of this chapter shall not apply in respect to
the use of drugs or devices used for family planning purposes,
including the prevention of conception, for human use dispensed or to
be dispensed to patients, pursuant to a prescription.
(3) The provisions of this chapter shall not apply in respect to
the use of drugs or devices used for family planning purposes,
including the prevention of conception, for human use supplied by a
family planning clinic that is under contract with the department of
health to provide family planning services.
(4) The provisions of this chapter shall not apply in respect to
the use of cannabis provided or to be provided to qualifying patients
by a nonprofit patient cooperative, if the cannabis is for medical use
in compliance with the provisions of chapter 69.51A RCW. The
definitions in chapter 69.51A RCW apply to this subsection.
(5) As used in this section, "prescription" and "drug" have the
same meanings as in RCW 82.08.0281.
NEW SECTION. Sec. 9 The following acts or parts of acts are each
repealed:
(1) RCW 69.51A.--- and 2011 c 181 s 402;
(2) RCW 69.51A.--- and 2011 c 181 s 404; and
(3) RCW 69.51A.--- and 2011 c 181 s 406.