| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/25/11.
AN ACT Relating to medical use of cannabis; amending RCW 69.51A.005, 69.51A.020, 69.51A.010, 69.51A.030, 69.51A.040, 69.51A.050, 69.51A.060, and 69.51A.900; adding new sections to chapter 69.51A RCW; adding a new section to chapter 42.56 RCW; adding a new section to chapter 28B.20 RCW; creating a new section; repealing RCW 69.51A.080; prescribing penalties; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101 (1) The legislature intends to amend and
clarify the law on the medical use of cannabis so that:
(a) Qualifying patients and designated providers complying with the
terms of this act will no longer be subject to arrest or prosecution,
other criminal sanctions, or civil consequences based solely on their
medical use of cannabis;
(b) Qualifying patients will have access to an adequate, safe,
consistent, and secure source of medical quality cannabis; and
(c) Health care professionals may authorize the medical use of
cannabis in the manner provided by this act without fear of state
criminal or civil sanctions.
(2) This act is not intended to amend or supersede Washington state
law prohibiting the acquisition, possession, manufacture, sale, or use
of cannabis for nonmedical purposes.
Sec. 102 RCW 69.51A.005 and 2010 c 284 s 1 are each amended to
read as follows:
(1) The ((people of Washington state)) legislature finds that:
(a) There is medical evidence that some patients with terminal or
debilitating ((illnesses)) medical conditions may, under their health
care professional's care, ((may)) benefit from the medical use of
((marijuana)) cannabis. Some of the ((illnesses)) conditions for which
((marijuana)) cannabis appears to be beneficial include ((chemotherapy-related)), but are not limited to:
(i) Nausea ((and)), vomiting ((in cancer patients; AIDS wasting
syndrome)), and cachexia associated with cancer, HIV-positive status,
AIDS, hepatitis C, anorexia, and their treatments;
(ii) Severe muscle spasms associated with multiple sclerosis,
epilepsy, and other seizure and spasticity disorders; ((epilepsy;))
(iii) Acute or chronic glaucoma;
(iv) Crohn's disease; and
(v) Some forms of intractable pain.
((The people find that)) (b) Humanitarian compassion necessitates
that the decision to ((authorize the medical)) use ((of marijuana))
cannabis by patients with terminal or debilitating ((illnesses))
medical conditions is a personal, individual decision, based upon their
health care professional's professional medical judgment and
discretion.
(2) Therefore, the ((people of the state of Washington))
legislature intends that:
(a) Qualifying patients with terminal or debilitating ((illnesses))
medical conditions who, in the judgment of their health care
professionals, may benefit from the medical use of ((marijuana))
cannabis, shall not be ((found guilty of a crime under state law for
their possession and limited use of marijuana)) arrested, prosecuted,
or subject to other criminal sanctions or civil consequences under
state law based solely on their medical use of cannabis,
notwithstanding any other provision of law;
(b) Persons who act as designated providers to such patients shall
also not be ((found guilty of a crime under state law for)) arrested,
prosecuted, or subject to other criminal sanctions or civil
consequences under state law, notwithstanding any other provision of
law, based solely on their assisting with the medical use of
((marijuana)) cannabis; and
(c) Health care professionals shall also ((be excepted from
liability and prosecution)) not be arrested, prosecuted, or subject to
other criminal sanctions or civil consequences under state law for the
proper authorization of ((marijuana)) medical use ((to)) of cannabis by
qualifying patients for whom, in the health care professional's
professional judgment, the medical ((marijuana)) use of cannabis may
prove beneficial.
Sec. 103 RCW 69.51A.020 and 1999 c 2 s 3 are each amended to read
as follows:
Nothing in this chapter shall be construed to supersede Washington
state law prohibiting the acquisition, possession, manufacture, sale,
or use of ((marijuana)) cannabis for nonmedical purposes.
Sec. 201 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) "Cannabis analysis laboratory" means a laboratory that performs
chemical analysis and inspection of cannabis samples.
(3) "Cannabis products" means products that contain cannabis or
cannabis extracts, have a measurable THC concentration greater than
three-tenths of one percent, and are intended for human consumption or
application, including, but not limited to, edible products, tinctures,
and lotions. The term "cannabis products" does not include useable
cannabis.
(4) "Designated provider" means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in ((writing)) a written document signed
and dated by a qualifying patient to serve as a designated provider
under this chapter; and
(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)) in compliance with the terms and conditions set forth in RCW
69.51A.040.
(d) Is the designated provider to only one patient at any one time.
(2)
A qualifying patient may be the designated provider for another
qualifying patient and be in possession of both patients' cannabis at
the same time.
(5) "Director" means the director of the department of agriculture.
(6) "Dispense" means the selection, measuring, packaging, labeling,
delivery, or retail sale of cannabis by a licensed dispenser to a
qualifying patient or designated provider.
(7) "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))) (8) "Labeling" means all labels and other written, printed,
or graphic matter (a) upon any cannabis intended for medical use, or
(b) accompanying such cannabis.
(9) "Licensed dispenser" means a nonprofit medical organization
licensed to dispense cannabis for medical use to qualifying patients
and designated providers by the department of health in accordance with
rules adopted by the department of health pursuant to the terms of this
chapter.
(10) "Licensed processor of cannabis products" means a person
licensed by the department of agriculture to manufacture, process,
handle, and label cannabis products for wholesale to licensed
dispensers.
(11) "Licensed producer" means a person licensed by the department
of agriculture to produce cannabis for medical use for wholesale to
licensed dispensers and licensed processors of cannabis products in
accordance with rules adopted by the department of agriculture pursuant
to the terms of this chapter.
(12) "Medical use of ((marijuana)) cannabis" means the manufacture,
production, processing, possession, transportation, delivery,
dispensing, ingestion, application, 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) "Nonresident" means a person who is temporarily in the
state but is not a Washington state resident.
(14) "Peace officer" means any law enforcement personnel as defined
in RCW 43.101.010.
(15) "Person" means an individual or an entity.
(16) "Personally identifiable information" means any information
that includes, but is not limited to, data that uniquely identify,
distinguish, or trace a person's identity, such as the person's name,
date of birth, or address, either alone or when combined with other
sources, that establish the person is a qualifying patient, designated
provider, licensed producer, or licensed processor of cannabis products
for purposes of registration with the department of health or
department of agriculture. The term "personally identifiable
information" also means any information used by the department of
health or department of agriculture to identify a person as a
qualifying patient, designated provider, licensed producer, or licensed
processor of cannabis products.
(17) "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.
(18) "Process" means to handle or process cannabis in preparation
for medical use.
(19) "Processing facility" means the premises and equipment where
cannabis products are manufactured, processed, handled, and labeled for
wholesale to licensed dispensers.
(20) "Produce" means to plant, grow, or harvest cannabis for
medical use.
(21) "Production facility" means the premises and equipment where
cannabis is planted, grown, harvested, processed, stored, handled,
packaged, or labeled by a licensed producer for wholesale, delivery, or
transportation to a licensed dispenser or licensed processor of
cannabis products, and all vehicles and equipment used to transport
cannabis from a licensed producer to a licensed dispenser or licensed
processor of cannabis products.
(22) "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.
(23) "Qualifying patient" means a person who:
(a) Is a patient of a health care professional;
(b) Has been diagnosed by that health care professional as having
a terminal or debilitating medical condition;
(c) Is a resident of the state of Washington at the time of such
diagnosis;
(d) Has been advised by that health care professional about the
risks and benefits of the medical use of ((marijuana)) cannabis; and
(e) Has been advised by that health care professional that ((they))
he or she may benefit from the medical use of ((marijuana)) cannabis.
(((5))) (24) "Secretary" means the secretary of health.
(25) "Tamper-resistant paper" means paper 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))) (26) "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))) (27) "THC concentration" means percent of
tetrahydrocannabinol content per weight or volume of useable cannabis
or cannabis product.
(28) "Useable cannabis" means dried flowers of the Cannabis plant
having a THC concentration greater than three-tenths of one percent.
Useable cannabis excludes stems, stalks, leaves, seeds, and roots. For
purposes of this subsection, "dried" means containing less than fifteen
percent moisture content by weight. The term "useable cannabis" does
not include cannabis products.
(29)(a) Until July 1, 2012, "valid documentation" means:
(((a))) (i) A statement signed and dated by a qualifying patient's
health care professional written on tamper-resistant paper, which
states that, in the health care professional's professional opinion,
the patient may benefit from the medical use of ((marijuana)) cannabis;
((and)) (ii) Proof of identity such as a Washington state driver's
license or identicard, as defined in RCW 46.20.035; and
(b)
(iii) In the case of a designated provider, the signed and dated
document valid for one year from the date of signature executed by the
qualifying patient who has designated the provider; and
(b) Beginning July 1, 2012, "valid documentation" means:
(i) An original statement signed and dated by a qualifying
patient's health care professional written on tamper-resistant paper
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 cannabis;
(ii) Proof of identity such as a Washington state driver's license
or identicard, as defined in RCW 46.20.035; and
(iii) In the case of a designated provider, 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. 301 RCW 69.51A.030 and 2010 c 284 s 3 are each amended to
read as follows:
((A health care professional shall be excepted from the state's
criminal laws and shall not be penalized in any manner, or denied any
right or privilege, for)) (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:
(((1))) (a) Advising a ((qualifying)) patient about the risks and
benefits of medical use of ((marijuana)) cannabis or that the
((qualifying)) patient may benefit from the medical use of ((marijuana
where such use is within a professional standard of care or in the
individual health care professional's medical judgment)) cannabis; or
(((2))) (b) Providing a ((qualifying)) patient meeting the criteria
established under RCW 69.51A.010(23) with valid documentation, based
upon the health care professional's assessment of the ((qualifying))
patient's medical history and current medical condition, ((that the
medical use of marijuana may benefit a particular qualifying patient))
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 documented relationship with the patient 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;
(ii) Offer a discount or any other thing of value to a qualifying
patient who is a customer of, or agrees to be a customer of, a
particular licensed dispenser, licensed producers, or licensed
processor of cannabis products;
(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) Examine or offer to examine a patient solely or primarily for
the purpose of authorizing the medical use of cannabis;
(v) Have a business or practice which consists primarily of
examining patients for the purpose of authorizing the medical use of
cannabis;
(vi) 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
(vii) Hold an economic interest in an enterprise that produces,
processes, or dispenses 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. 401 RCW 69.51A.040 and 2007 c 371 s 5 are each amended to
read as follows:
(((1) If a law enforcement officer determines that marijuana is
being possessed lawfully under the medical marijuana law, the officer
may document the amount of marijuana, take a representative sample that
is large enough to test, but not seize the marijuana. A law
enforcement officer or agency shall not be held civilly liable for
failure to seize marijuana in this circumstance.)) 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, searched, 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 searched, 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:
(2) 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 provider 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.
(3) A qualifying patient, if eighteen years of age or older, or a
designated provider shall:
(a) Meet all criteria for status as a qualifying patient or
designated provider;
(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 or provider regarding his or her
medical use of marijuana.
(4) A qualifying patient, if under eighteen years of age at the
time he or she is alleged to have committed the offense, shall
demonstrate compliance with subsection (3)(a) and (c) of this section.
However, any possession under subsection (3)(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.
(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 person is both a qualifying patient and a designated
provider for another qualifying patient, the person may possess 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, 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 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;
(4) The investigating peace officer does not possess evidence that
the designated provider has converted cannabis produced or obtained for
the qualifying patient for his or her own personal use or benefit; and
(5) The investigating peace officer does not possess evidence that
the designated provider has served as a designated provider to more
than one qualifying patient within a fifteen-day period.
NEW SECTION. Sec. 402 A qualifying patient or designated
provider who is not registered with the registry established in section
901 of this act, but who possesses valid documentation that he or she
is a qualifying patient may assert an affirmative defense at trial if
he or she otherwise meets the requirements of section 401 of this act.
NEW SECTION. Sec. 403 (1) Qualifying patients may create and
participate in collective gardens for the purpose of producing,
processing, transporting, and delivering cannabis for medical use
subject to the following conditions:
(a) No more than three qualifying patients may participate in a
single collective garden at any time;
(b) A collective garden may contain no more than fifteen plants per
patient up to a total of forty-five plants;
(c) A collective garden may contain no more than twenty-four ounces
of useable cannabis per patient up to a total of seventy-two ounces of
useable cannabis;
(d) A copy of each qualifying patient's valid documentation or
proof of registration with the registry established in section 901 of
this act, including a copy of the patient's proof of identity, must be
available at all times on the premises of the collective garden; and
(e) No useable cannabis from the collective garden is delivered to
anyone other than one of the qualifying patients participating in the
collective garden.
(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.
(3) A person who knowingly violates a provision of subsection (1)
of this section is not entitled to the protections of this chapter.
NEW SECTION. Sec. 404 (1) A qualifying patient may revoke his or
her designation of a specific provider and designate a different
provider at any time. A revocation of designation must be in writing,
signed and dated. The protections of this chapter cease to apply to a
person who has served as a designated provider to a qualifying patient
seventy-two hours after receipt of that patient's revocation of his or
her designation.
(2) A person may stop serving as a designated provider to a given
qualifying patient at any time. However, that person may not begin
serving as a designated provider to a different qualifying patient
until fifteen days have elapsed from the date the last qualifying
patient designated him or her to serve as a provider.
NEW SECTION. Sec. 405 A qualifying patient or designated
provider in possession of cannabis plants, useable cannabis, or
cannabis product exceeding the limits set forth in RCW 69.51A.040(1)
but otherwise in compliance with all other terms and conditions of this
chapter may establish an affirmative defense to charges of violations
of state law relating to cannabis through proof at trial, by a
preponderance of the evidence, that the qualifying patient's necessary
medical use exceeds the amounts set forth in RCW 69.51A.040(1). An
investigating peace officer may seize cannabis plants, useable
cannabis, or cannabis product exceeding the amounts set forth in RCW
69.51A.040(1): PROVIDED, That in the case of cannabis plants, the
qualifying patient or designated provider shall be allowed to select
the plants that will remain at the location. The officer and his or
her law enforcement agency may not be held civilly liable for failure
to seize cannabis in this circumstance.
NEW SECTION. Sec. 406 A qualifying patient or designated
provider who is not registered with the registry established in section
901 of this act or does not present his or her valid documentation to
a peace officer who questions the patient or provider regarding his or
her medical use of cannabis but is in compliance with all other terms
and conditions of this chapter may establish an affirmative defense to
charges of violations of state law relating to cannabis through proof
at trial, by a preponderance of the evidence, that he or she was a
validly authorized qualifying patient or designated provider at the
time of the officer's questioning. A qualifying patient or designated
provider who establishes an affirmative defense under the terms of this
section may also establish an affirmative defense under section 405 of
this act.
NEW SECTION. Sec. 407 A nonresident who is duly authorized to
engage in the medical use of cannabis under the laws of another state
or territory of the United States may raise an affirmative defense to
charges of violations of Washington state law relating to cannabis,
provided that the nonresident:
(1) Possesses no more than fifteen cannabis plants and no more than
twenty-four ounces of useable cannabis, no more cannabis product than
reasonably could be produced with no more than twenty-four ounces of
useable cannabis, or 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;
(2) Is in compliance with all provisions of this chapter other than
requirements relating to being a Washington resident or possessing
valid documentation issued by a licensed health care professional in
Washington; and
(3) Presents the documentation of authorization required under the
nonresident's authorizing state or territory's law and proof of
identity issued by the authorizing state or territory to any peace
officer who questions the nonresident regarding his or her medical use
of cannabis.
NEW SECTION. Sec. 408 A qualifying patient's medical use of
cannabis as authorized by a health care professional may not be a sole
disqualifying factor in determining the patient's suitability for an
organ transplant, unless it is shown that this use poses a significant
risk of rejection or organ failure. This section does not preclude a
health care professional from requiring that a patient abstain from the
medical use of cannabis, for a period of time determined by the health
care professional, while waiting for a transplant organ or before the
patient undergoes an organ transplant.
NEW SECTION. Sec. 409 A qualifying patient or designated
provider may not have his or her parental rights or residential time
with a child restricted solely due to his or her medical use of
cannabis in compliance with the terms of this chapter absent written
findings supported by evidence that such use has resulted in a long-term impairment that interferes with the performance of parenting
functions as defined under RCW 26.09.004.
NEW SECTION. Sec. 410 (1) Except as provided in subsection (2)
of this section, a qualifying patient may not be refused housing or
evicted from housing solely as a result of his or her possession or use
of useable cannabis or cannabis products except that housing providers
otherwise permitted to enact and enforce prohibitions against smoking
in their housing may apply those prohibitions to smoking cannabis
provided that such smoking prohibitions are applied and enforced
equally as to the smoking of cannabis and the smoking of all other
substances, including without limitation tobacco.
(2) Housing programs containing a program component prohibiting the
use of drugs or alcohol among its residents are not required to permit
the medical use of cannabis among those residents.
NEW SECTION. Sec. 411 In imposing any criminal sentence,
deferred prosecution, stipulated order of continuance, deferred
disposition, or dispositional order, any court organized under the laws
of Washington state may permit the medical use of cannabis in
compliance with the terms of this chapter and exclude it as a possible
ground for finding that the offender has violated the conditions or
requirements of the sentence, deferred prosecution, stipulated order of
continuance, deferred disposition, or dispositional order. This
section does not require the accommodation of any on-site medical use
of cannabis in any correctional facility.
Sec. 412 RCW 69.51A.050 and 1999 c 2 s 7 are each amended to read
as follows:
(1) The lawful possession, delivery, dispensing, production, or
manufacture of ((medical marijuana)) cannabis for medical use as
authorized by this chapter shall not result in 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 licensed
producers, licensed processors of cannabis products, or licensed
dispensers.
(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.
NEW SECTION. Sec. 413 Nothing in this chapter or in the rules
adopted to implement it precludes a qualifying patient or designated
provider from engaging in the private, unlicensed, noncommercial
production, possession, transportation, delivery, or administration of
cannabis for medical use as authorized under RCW 69.51A.040.
Sec. 501 RCW 69.51A.060 and 2010 c 284 s 4 are each amended to
read as follows:
(1) ((It shall be a misdemeanor to use or display medical marijuana
in a manner or place which is open to the view of the general public.))
It is unlawful to open a package containing cannabis or consume
cannabis in a public place in a manner that presents a reasonably
foreseeable risk that another person would see and be able to identify
the substance contained in the package or being consumed as cannabis.
A person who violates a provision of this section commits a class 3
civil infraction under chapter 7.80 RCW. This subsection does not
apply to licensed dispensers or their employees, members, officers, or
directors displaying cannabis to customers on their licensed premises
as long as such displays are not visible to members of the public
standing or passing outside the premises.
(2) Nothing in this chapter requires any health insurance provider
to be liable for any claim for reimbursement for the medical use of
((marijuana)) cannabis.
(3) Nothing in this chapter requires any health care professional
to authorize the medical use of ((medical marijuana)) cannabis for a
patient.
(4) Nothing in this chapter requires any accommodation of any on-site medical use of ((marijuana)) cannabis in any place of employment,
in any school bus or on any school grounds, in any youth center, in any
correctional facility, or smoking ((medical marijuana)) cannabis in any
public place as that term is defined in RCW 70.160.020.
(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(((7))) (29)(a), or to backdate such documentation to a time
earlier than its actual date of execution.
(6) ((No person shall be entitled to claim the affirmative defense
provided in RCW 69.51A.040 for engaging)) The fact that a qualifying
patient has been authorized to engage 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)) cannabis
does not constitute a defense against a charge of violating RCW
46.61.502 or 46.61.504.
NEW SECTION. Sec. 601 A person may not act as a licensed
producer without a license for each production facility issued by the
department of agriculture and prominently displayed on the premises.
Provided they are acting in compliance with the terms of this chapter
and rules adopted to enforce and carry out its purposes, licensed
producers and their employees, members, officers, and directors may
manufacture, plant, cultivate, grow, harvest, produce, prepare,
propagate, process, package, repackage, transport, transfer, deliver,
label, relabel, wholesale, or possess cannabis intended for medical use
by qualifying patients, including seeds, seedlings, cuttings, plants,
and useable cannabis, and may not be arrested, searched, prosecuted, or
subject to other criminal sanctions or civil consequences under state
law, or have real or personal property searched, seized, or forfeited
pursuant to state law, for such activities, notwithstanding any other
provision of law.
NEW SECTION. Sec. 602 A person may not act as a licensed
processor without a license for each processing facility issued by the
department of agriculture and prominently displayed on the premises.
Provided they are acting in compliance with the terms of this chapter
and rules adopted to enforce and carry out its purposes, licensed
processors of cannabis products and their employees, members, officers,
and directors may possess useable cannabis and manufacture, produce,
prepare, process, package, repackage, transport, transfer, deliver,
label, relabel, wholesale, or possess cannabis products intended for
medical use by qualifying patients, and may not be arrested, searched,
prosecuted, or subject to other criminal sanctions or civil
consequences under state law, or have real or personal property
searched, seized, or forfeited pursuant to state law, for such
activities, notwithstanding any other provision of law.
NEW SECTION. Sec. 603 The director shall administer and carry
out the provisions of this chapter relating to licensed producers and
licensed processors of cannabis products, and rules adopted under this
chapter.
NEW SECTION. Sec. 604 (1) On a schedule determined by the
department of agriculture, licensed producers and licensed processors
must submit representative samples of cannabis grown or processed to a
cannabis analysis laboratory for grade, condition, cannabinoid profile,
THC concentration, other qualitative measurements of cannabis intended
for medical use, and other inspection standards determined by the
department of agriculture. Any samples remaining after testing must be
destroyed by the laboratory or returned to the licensed producer or
licensed processor.
(2) Licensed producers and licensed processors must submit copies
of the results of this inspection and testing to the department of
agriculture on a form developed by the department.
(3) If a representative sample of cannabis tested under this
section has a THC concentration of three-tenths of one percent or less,
the lot of cannabis the sample was taken from may not be sold for
medical use and must be destroyed or sold to a manufacturer of hemp
products.
NEW SECTION. Sec. 605 The department of agriculture may contract
with a cannabis analysis laboratory to conduct independent inspection
and testing of cannabis samples to verify testing results provided
under section 604 of this act.
NEW SECTION. Sec. 606 The department of agriculture may adopt
rules on:
(1) Facility standards, including scales, for all licensed
producers and licensed processors of cannabis products;
(2) Measurements for cannabis intended for medical use, including
grade, condition, cannabinoid profile, THC concentration, other
qualitative measurements, and other inspection standards for cannabis
intended for medical use; and
(3) Methods to identify cannabis intended for medical use so that
such cannabis may be readily identified if stolen or removed in
violation of the provisions of this chapter from a production or
processing facility, or if otherwise unlawfully transported.
NEW SECTION. Sec. 607 The director is authorized to deny,
suspend, or revoke a producer's or processor's license after a hearing
in any case in which it is determined that there has been a violation
or refusal to comply with the requirements of this chapter or rules
adopted hereunder. All hearings for the denial, suspension, or
revocation of a producer's or processor's license are subject to
chapter 34.05 RCW, the administrative procedure act, as enacted or
hereafter amended.
NEW SECTION. Sec. 608 (1) By July 1, 2012, taking into
consideration, but not being limited by, the security requirements
described in 21 C.F.R. Sec. 1301.71-1301.76, the director shall adopt
rules:
(a) On the inspection or grading and certification of grade,
grading factors, condition, cannabinoid profile, THC concentration, or
other qualitative measurement of cannabis intended for medical use that
must be used by cannabis analysis laboratories in section 604 of this
act;
(b) Fixing the sizes, dimensions, and safety and security features
required of containers to be used for packing, handling, or storing
cannabis intended for medical use;
(c) Establishing labeling requirements for cannabis intended for
medical use including, but not limited to:
(i) The business or trade name and Washington state unified
business identifier (UBI) number of the licensed producer of the
cannabis;
(ii) THC concentration; and
(iii) Information on whether the cannabis was grown using organic,
inorganic, or synthetic fertilizers;
(d) Establishing requirements for transportation of cannabis
intended for medical use from production facilities to processing
facilities and licensed dispensers;
(e) Establishing security requirements for the facilities of
licensed producers and licensed processors of cannabis products. These
security requirements must consider the safety of the licensed
producers and licensed processors as well as the safety of the
community surrounding the licensed producers and licensed processors;
(f) Establishing requirements for the licensure of producers, and
processors of cannabis products, setting forth procedures to obtain
licenses, and determining expiration dates and renewal requirements;
and
(g) Establishing license application and renewal fees for the
licensure of producers and processors of cannabis products in
accordance with RCW 43.70.250.
(2) Fees collected under this section must be deposited into the
agricultural local fund created in RCW 43.23.230.
(3) During the rule-making process, the department of agriculture
shall consult with stakeholders and persons with relevant expertise, to
include but not be limited to qualifying patients, designated
providers, health care professionals, state and local law enforcement
agencies, and the department of health.
NEW SECTION. Sec. 609 (1) Each licensed producer and licensed
processor of cannabis products shall maintain complete records at all
times with respect to all cannabis produced, processed, weighed,
tested, stored, shipped, or sold. The director shall adopt rules
specifying the minimum recordkeeping requirements necessary to comply
with this section.
(2) The property, books, records, accounts, papers, and proceedings
of every licensed producer and licensed processor of cannabis products
shall be subject to inspection by the department of agriculture at any
time during ordinary business hours. Licensed producers and licensed
processors of cannabis products shall maintain adequate records and
systems for the filing and accounting of crop production, product
manufacturing and processing, records of weights and measurements,
product testing, receipts, canceled receipts, other documents, and
transactions necessary or common to the medical cannabis industry.
(3) The director may administer oaths and issue subpoenas to compel
the attendance of witnesses, or the production of books, documents, and
records anywhere in the state pursuant to a hearing relative to the
purposes and provisions of this chapter. Witnesses shall be entitled
to fees for attendance and travel, as provided in chapter 2.40 RCW.
(4) Each licensed producer and licensed processor of cannabis
products shall report information to the department of agriculture at
such times and as may be reasonably required by the director for the
necessary enforcement and supervision of a sound, reasonable, and
efficient cannabis inspection program for the protection of the health
and welfare of qualifying patients.
NEW SECTION. Sec. 610 (1) The department of agriculture may give
written notice to a licensed producer or processor of cannabis products
to furnish required reports, documents, or other requested information,
under such conditions and at such time as the department of agriculture
deems necessary if a licensed producer or processor of cannabis
products fails to:
(a) Submit his or her books, papers, or property to lawful
inspection or audit;
(b) Submit required laboratory results, reports, or documents to
the department of agriculture by their due date; or
(c) Furnish the department of agriculture with requested
information.
(2) If the licensed producer or processor of cannabis products
fails to comply with the terms of the notice within seventy-two hours
from the date of its issuance, or within such further time as the
department of agriculture may allow, the department of agriculture
shall levy a fine of five hundred dollars per day from the final date
for compliance allowed by this section or the department of
agriculture. In those cases where the failure to comply continues for
more than seven days or where the director determines the failure to
comply creates a threat to public health, public safety, or a
substantial risk of diversion of cannabis to unauthorized persons or
purposes, the department of agriculture may, in lieu of levying further
fines, petition the superior court of the county where the licensee's
principal place of business in Washington is located, as shown by the
license application, for an order:
(a) Authorizing the department of agriculture to seize and take
possession of all books, papers, and property of all kinds used in
connection with the conduct or the operation of the licensed producer
or processor's business, and the books, papers, records, and property
that pertain specifically, exclusively, and directly to that business;
and
(b) Enjoining the licensed producer or processor from interfering
with the department of agriculture in the discharge of its duties as
required by this chapter.
(3) All necessary costs and expenses, including attorneys' fees,
incurred by the department of agriculture in carrying out the
provisions of this section may be recovered at the same time and as
part of the action filed under this section.
(4) The department of agriculture may request the Washington state
patrol to assist it in enforcing this section if needed to ensure the
safety of its employees.
NEW SECTION. Sec. 611 (1) A licensed producer may not sell or
deliver cannabis to any person other than a cannabis analysis
laboratory, licensed processor of cannabis products, licensed
dispenser, or law enforcement officer except as provided by court
order. Violation of this section is a class C felony punishable
according to chapter 9A.20 RCW.
(2) A licensed processor of cannabis products may not sell or
deliver cannabis to any person other than a cannabis analysis
laboratory licensed dispenser, or law enforcement officer except as
provided by court order. Violation of this section is a class C felony
punishable according to chapter 9A.20 RCW.
NEW SECTION. Sec. 701 A person may not act as a licensed
dispenser without a license for each place of business issued by the
department of health and prominently displayed on the premises.
Provided they are acting in compliance with the terms of this chapter
and rules adopted to enforce and carry out its purposes, licensed
dispensers and their employees, members, officers, and directors may
deliver, distribute, dispense, transfer, prepare, package, repackage,
label, relabel, sell at retail, or possess cannabis intended for
medical use by qualifying patients, including seeds, seedlings,
cuttings, plants, useable cannabis, and cannabis products, and may not
be arrested, searched, prosecuted, or subject to other criminal
sanctions or civil consequences under state law, or have real or
personal property searched, seized, or forfeited pursuant to state law,
for such activities, notwithstanding any other provision of law.
NEW SECTION. Sec. 702 (1) By July 1, 2012, taking into
consideration the security requirements described in 21 C.F.R. 1301.71-1301.76, the secretary shall adopt rules:
(a) Establishing requirements for the licensure of dispensers of
cannabis for medical use, setting forth procedures to obtain licenses,
and determining expiration dates and renewal requirements;
(b) Providing for mandatory inspection of licensed dispensers'
locations;
(c) Establishing procedures governing the suspension and revocation
of licenses of dispensers;
(d) Establishing recordkeeping requirements for licensed
dispensers;
(e) Fixing the sizes and dimensions of containers to be used for
dispensing cannabis for medical use;
(f) Establishing safety standards for containers to be used for
dispensing cannabis for medical use;
(g) Establishing cannabis storage requirements, including security
requirements;
(h) Establishing cannabis labeling requirements, to include
information on whether the cannabis was grown using organic, inorganic,
or synthetic fertilizers;
(i) Establishing physical standards for cannabis dispensing
facilities;
(j) Establishing maximum amounts of cannabis and cannabis products
that may be kept at one time at a dispensary. In determining maximum
amounts, the secretary must consider the security of the dispensary and
the surrounding community;
(k) Establishing physical standards for sanitary conditions for
cannabis dispensing facilities;
(l) Establishing physical and sanitation standards for cannabis
dispensing equipment;
(m) Enforcing and carrying out the provisions of this section and
the rules adopted to carry out its purposes; and
(n) Establishing license application and renewal fees for the
licensure of dispensers in accordance with RCW 43.70.250.
(2) Fees collected under this section must be deposited into the
health professions account created in RCW 43.70.320.
(3) During the rule-making process, the department of health shall
consult with stakeholders and persons with relevant expertise, to
include but not be limited to qualifying patients, designated
providers, health care professionals, state and local law enforcement
agencies, and the department of agriculture.
NEW SECTION. Sec. 703 A licensed dispenser may not sell cannabis
received from any person other than a licensed producer or licensed
processor of cannabis products, or sell or deliver cannabis to any
person other than a qualifying patient, designated provider, or
licensed producer except as provided by court order. Before selling or
providing cannabis to a qualifying patient or designated provider, the
licensed dispenser must confirm that the patient qualifies for the
medical use of cannabis by contacting that patient's health care
professional. Violation of this section is a class C felony punishable
according to chapter 9A.20 RCW.
NEW SECTION. Sec. 704 Licensed dispensers must be licensed and
approved by the counties and cities in which they are located.
NEW SECTION. Sec. 705 A licensed dispenser may not sell cannabis
in any city, county, or town without first being authorized to do so by
the city, county, or town legislative authority.
NEW SECTION. Sec. 801 All weighing and measuring instruments and
devices used by licensed producers, processors of cannabis products,
and dispensers shall comply with the requirements set forth in chapter
19.94 RCW.
NEW SECTION. Sec. 802 (1) No person, partnership, corporation,
association, or agency may advertise cannabis for sale to the general
public in any manner that promotes or tends to promote the use or abuse
of cannabis. For the purposes of this subsection, displaying cannabis,
including artistic depictions of cannabis, is considered to promote or
to tend to promote the use or abuse of cannabis.
(2) The department of agriculture may fine a licensed producer or
processor of cannabis products up to one thousand dollars for each
violation of subsection (1) of this section. Fines collected under
this subsection must be deposited into the agriculture local fund
created in RCW 43.23.230.
(3) The department of health may fine a licensed dispenser up to
one thousand dollars for each violation of subsection (1) of this
section. Fines collected under this subsection must be deposited into
the health professions account created in RCW 43.70.320.
(4) No broadcast television licensee, radio broadcast licensee,
newspaper, magazine, advertising agency, or agency or medium for the
dissemination of an advertisement, except the licensed producer,
processor of cannabis products, or dispenser to which the advertisement
relates, is subject to the penalties of this section by reason of
dissemination of advertising in good faith without knowledge that the
advertising promotes or tends to promote the use or abuse of cannabis.
NEW SECTION. Sec. 803 A prior conviction for a cannabis or
marijuana offense shall not disqualify an applicant from receiving a
license to produce, process, or dispense cannabis for medical use,
provided the conviction did not include any sentencing enhancements
under RCW 9.94A.533 or analogous laws in other jurisdictions. Any
criminal conviction of a current licensee may be considered in
proceedings to suspend or revoke a license.
NEW SECTION. Sec. 804 A violation of any provision or section of
this chapter that relates to the licensing and regulation of producers,
processors, or dispensers, where no other penalty is provided for, and
the violation of any rule adopted under this chapter constitutes a
misdemeanor.
NEW SECTION. Sec. 805 (1) Every licensed producer or processor
of cannabis products who fails to comply with this chapter, or any rule
adopted under it, may be subjected to a civil penalty, as determined by
the director, in an amount of not more than one thousand dollars for
every such violation. Each violation shall be a separate and distinct
offense.
(2) Every licensed dispenser who fails to comply with this chapter,
or any rule adopted under it, may be subjected to a civil penalty, as
determined by the secretary, in an amount of not more than one thousand
dollars for every such violation. Each violation shall be a separate
and distinct offense.
(3) Every person who, through an act of commission or omission,
procures, aids, or abets in the violation shall be considered to have
violated this chapter and may be subject to the penalty provided for in
this section.
NEW SECTION. Sec. 806 The department of agriculture or the
department of health, as the case may be, must immediately suspend any
certification of licensure issued under this chapter if the holder of
the certificate has been certified under RCW 74.20A.320 by the
department of social and health services as a person who is not in
compliance with a support order. If the person has continued to meet
all other requirements for certification during the suspension,
reissuance of the certificate of licensure shall be automatic upon the
department's receipt of a release issued by the department of social
and health services stating that the person is in compliance with the
order.
NEW SECTION. Sec. 807 The department of agriculture or the
department of health, as the case may be, must suspend the
certification of licensure of any person who has been certified by a
lending agency and reported to the appropriate department for
nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. Prior to the suspension, the
department of agriculture or the department of health, as the case may
be, must provide the person an opportunity for a brief adjudicative
proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of
nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person's license may not
be reissued until the person provides the appropriate department a
written release issued by the lending agency stating that the person is
making payments on the loan in accordance with a repayment agreement
approved by the lending agency. If the person has continued to meet
all other requirements for certification or registration during the
suspension, reinstatement is automatic upon receipt of the notice and
payment of any reinstatement fee.
NEW SECTION. Sec. 901 (1) By July 1, 2012, the department of
health shall, in consultation with the department of agriculture, adopt
rules for the creation, implementation, maintenance, and timely
upgrading of a secure and confidential registration system that allows:
(a) A peace officer to verify at any time whether a health care
professional has registered a person who has been contacted by that
peace officer and has provided that peace officer information necessary
to verify his or her registration as either a qualifying patient or a
designated provider;
(b) A peace officer to verify at any time during ordinary business
hours of the department of health whether a health care professional
has registered a person as either a qualifying patient or a designated
provider, or an address as the primary residence of a qualifying
patient or designated provider; and
(c) A peace officer to verify at any time during ordinary business
hours of the department of health whether a person, location, or
business is licensed by the department of agriculture or the department
of health as a licensed producer, licensed processor of cannabis
products, or licensed dispenser.
(2) The department of agriculture must, in consultation with the
department of health, create and maintain a secure and confidential
list of persons to whom it has issued a license to produce cannabis for
medical use or a license to process cannabis products, and the physical
addresses of the licensees' production and processing facilities. The
list must meet the requirements of subsection (9) of this section and
be transmitted to the department of health to be included in the
registry established by this section.
(3) The department of health must, in consultation with the
department of agriculture, create and maintain a secure and
confidential list of the persons to whom it has issued a license to
dispense cannabis for medical use that meets the requirements of
subsection (9) of this section and must be included in the registry
established by this section.
(4) Law enforcement shall comply with Article I, section 7 of the
state Constitution when accessing the registration system for criminal
investigations, which, at a minimum, requires an articulated
individualized suspicion of: (a) Criminal activity; or (b) the
possession, use, manufacture, production, processing, delivery,
transport, or distribution of cannabis, whether criminal or
noncriminal.
(5) Registration in the system shall be optional for qualifying
patients and designated providers, not mandatory, and registrations are
valid for one year, except that qualifying patients must be able to
remove themselves from the registry at any time. For licensees,
registrations are valid for the term of the license and the
registration must be removed if the licensee's license is expired or
revoked. The department of health must adopt rules providing for
registration renewals and for removing expired registrations and
expired or revoked licenses from the registry.
(6) Fees, including renewal fees, for qualifying patients and
designated providers participating in the registration system shall be
limited to the cost to the state of implementing, maintaining, and
enforcing the provisions of this section and the rules adopted to carry
out its purposes.
(7) The department of health, in conjunction with the department of
agriculture, must establish and collect reasonable fees for the
dissemination of information to employees of state and local law
enforcement agencies relating to whether a person is a licensed
producer, processor of cannabis products, or dispenser, or that a
location is the recorded address of a license producer, processor of
cannabis products, or dispenser, and for the dissemination of log
records relating to such requests for information to the subjects of
those requests.
(8) During the rule-making process, the department of health shall
consult with stakeholders and persons with relevant expertise, to
include, but not be limited to, qualifying patients, designated
providers, health care professionals, state and local law enforcement
agencies, and the University of Washington computer science and
engineering security and privacy research lab.
(9) The registration system shall meet the following requirements:
(a) Any personally identifiable information included in the
registration system must be "nonreversible," pursuant to definitions
and standards set forth by the national institute of standards and
technology;
(b) Any personally identifiable information included in the
registration system must not be susceptible to linkage by use of data
external to the registration system;
(c) The registration system must incorporate current best
differential privacy practices, allowing for maximum accuracy of
registration system queries while minimizing the chances of identifying
the personally identifiable information included therein; and
(d) The registration system must be upgradable and updated in a
timely fashion to keep current with state of the art privacy and
security standards and practices.
(10) The registration system shall maintain a log of each
verification query submitted by a peace officer, including the peace
officer's name, agency, and identification number, for a period of no
less than three years from the date of the query. Personally
identifiable information of qualifying patients and designated
providers included in the log shall be confidential and exempt from
public disclosure, inspection, or copying under chapter 42.56 RCW:
PROVIDED, That:
(a) Names and other personally identifiable information from the
list may be released only to:
(i) Authorized employees of the department of agriculture and the
department of health as necessary to perform official duties of either
department; or
(ii) Authorized employees of state or local law enforcement
agencies, only as necessary to verify that the person or location is a
qualified patient, designated provider, licensed producer, licensed
processor of cannabis products, or licensed dispenser, and only after
the inquiring employee has provided adequate identification.
Authorized employees who obtain personally identifiable information
under this subsection may not release or use the information for any
purpose other than verification that a person or location is a
qualified patient, designated provider, licensed producer, licensed
processor of cannabis products, or licensed dispenser;
(b) Information contained in the registration system may be
released in aggregate form, with all personally identifying information
redacted, for the purpose of statistical analysis and oversight of
agency performance and actions;
(c) The subject of a registration query may appear during ordinary
department of health business hours and inspect or copy log records
relating to him or her upon adequate proof of identity; and
(d) The subject of a registration query may submit a written
request to the department of health, along with adequate proof of
identity, for copies of log records relating to him or her.
(11) This section does not prohibit a department of agriculture
employee or a department of health employee from contacting state or
local law enforcement for assistance during an emergency or while
performing his or her duties under this chapter.
(12) Fees collected under this section must be deposited into the
health professions account under RCW 43.70.320.
NEW SECTION. Sec. 902 (1) Evidence of the presence or use of
cannabis may not on its own constitute probable cause for a peace
officer to obtain a search or arrest warrant or to conduct a
warrantless search or arrest unless the peace officer:
(a) Ascertains that the person or location under investigation is
not registered with:
(i) The department of health as a qualifying patient, designated
provider, licensed dispenser, or the primary residence of a qualifying
patient or designated provider; or
(ii) The department of agriculture as a licensed producer, licensed
processor of cannabis products, physical address of a production
facility, or physical address of a processing facility;
(b) After making efforts reasonable under the circumstances, is
unable to ascertain whether the person or location under investigation
is registered with:
(i) The department of health as a qualifying patient, designated
provider, licensed dispenser, or primary residence of a qualifying
patient or designated provider; or
(ii) The department of agriculture as a licensed producer, licensed
processor of cannabis products, physical address of a production
facility, or physical address of a processing facility;
(c) Has probable cause to believe that the person or location is
disqualified from the protections of this chapter or is not complying
with the provisions of this chapter; or
(d) Has probable cause to believe that a cannabis-related traffic
offense is being committed.
(2) If a peace officer discovers cannabis at a location outside
ordinary business hours of the department of health, and no person is
present to provide information allowing the officer to ascertain
whether the location is the primary residence of a registered
qualifying patient or designated provider, the officer shall make
reasonable efforts to contact the occupant of the location before
seizing cannabis that falls within the limits described in RCW
69.51A.040. For the purposes of this section, reasonable efforts
include, at a minimum, attempting to contact the qualifying patient or
designated provider using the contact information required by RCW
69.51A.040(3).
NEW SECTION. Sec. 903 A new section is added to chapter 42.56
RCW to read as follows:
Records containing names and other personally identifiable
information relating to qualifying patients, designated providers, and
persons licensed as producers or dispensers of cannabis for medical
use, or as processors of cannabis products, under section 901 of this
act are exempt from disclosure under this chapter.
NEW SECTION. Sec. 1001 (1) By July 1, 2014, the Washington state
institute for public policy shall, within available funds, conduct a
cost-benefit evaluation of the implementation of this act and the rules
adopted to carry out its purposes.
(2) The evaluation of the implementation of this act and the rules
adopted to carry out its purposes shall include, but not necessarily be
limited to, consideration of the following factors:
(a) Qualifying patients' access to an adequate source of cannabis
for medical use;
(b) Qualifying patients' access to a safe source of cannabis for
medical use;
(c) Qualifying patients' access to a consistent source of cannabis
for medical use;
(d) Qualifying patients' access to a secure source of cannabis for
medical use;
(e) Qualifying patients' and designated providers' contact with law
enforcement and involvement in the criminal justice system;
(f) Diversion of cannabis intended for medical use to nonmedical
uses;
(g) Incidents of home invasion burglaries, robberies, and other
violent and property crimes associated with qualifying patients
accessing cannabis for medical use;
(h) Whether there are health care professionals who make a
disproportionately high amount of authorizations in comparison to the
health care professional community at large;
(i) Whether there are indications of health care professionals in
violation of RCW 69.51A.030; and
(j) Whether the health care professionals making authorizations
reside in this state or out of this state.
(3) For purposes of facilitating this evaluation, the departments
of health and agriculture will make available to the Washington state
institute for public policy requested data, and any other data either
department may consider relevant, from which all personally
identifiable information has been redacted.
NEW SECTION. Sec. 1002 A new section is added to chapter 28B.20
RCW to read as follows:
The University of Washington and Washington State University may
conduct scientific research on the efficacy and safety of administering
cannabis as part of medical treatment. As part of this research, the
University of Washington and Washington State University may develop
and conduct studies to ascertain the general medical safety and
efficacy of cannabis and may develop medical guidelines for the
appropriate administration and use of cannabis.
NEW SECTION. Sec. 1101 (1) No civil or criminal liability may be
imposed by any court on the state or its officers and employees for
actions taken under this chapter except upon proof of misconduct.
(2) No civil or criminal liability may be imposed by any court on
cities, towns, and counties or other municipalities and their officers
and employees for actions taken under this chapter except upon proof of
misconduct.
NEW SECTION. Sec. 1102 Cities, towns, and counties or other
municipalities may adopt reasonable zoning requirements, business
licensing requirements, or business taxes pertaining to the production,
processing, or dispensing of cannabis products that are adopted
pursuant to their authority and duties under chapter 36.70A RCW.
NEW SECTION. Sec. 1103 If any provision of this act or the
application thereof to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the act
that can be given effect without the invalid provision or application,
and to this end the provisions of this act are severable.
Sec. 1104 RCW 69.51A.900 and 1999 c 2 s 1 are each amended to
read as follows:
This chapter may be known and cited as the Washington state medical
use of ((marijuana)) cannabis act.
NEW SECTION. Sec. 1201 (1) The legislature recognizes that there
are cannabis producers and cannabis dispensaries in operation as of the
effective date of this section that are unregulated by the state and
who produce and dispense cannabis for medical use by qualifying
patients. The legislature intends that these producers and
dispensaries become licensed in accordance with the requirements of
this chapter and that this licensing provides them with arrest
protection so long as they remain in compliance with the requirements
of this chapter and the rules adopted under this chapter. The
legislature further recognizes that cannabis producers and cannabis
dispensaries in current operation are not able to become licensed until
the department of agriculture and the department of health adopt rules
and, consequently, it is likely they will remain unlicensed until at
least July 1, 2012. These producers and dispensary owners and
operators run the risk of arrest between the effective date of this
section and the time they become licensed. Therefore, the legislature
intends to provide them with an affirmative defense if they meet the
requirements of this section.
(2) If charged with a violation of state law relating to cannabis,
a producer of cannabis or a dispensary and its owners and operators
that are engaged in the production or dispensing of cannabis to a
qualifying patient or who assists a qualifying patient in the medical
use of cannabis is deemed to have established an affirmative defense to
such charges by proof of compliance with this section.
(3) In order to assert an affirmative defense under this section,
a cannabis producer or cannabis dispensary must:
(a) In the case of producers, solely provide cannabis to cannabis
dispensaries for the medical use of cannabis by qualified patients;
(b) In the case of dispensaries, solely provide cannabis to
qualified patients for their medical use;
(c) Be registered with the secretary of state as of May 1, 2011;
(d) File a letter of intent with the department of agriculture or
the department of health, as the case may be, asserting that the
producer or dispenser intends to become licensed in accordance with
this chapter and rules adopted by the appropriate department; and
(e) File a letter of intent with the city clerk if in an
incorporated area or to the county clerk if in an unincorporated area
stating they operate as a producer or dispensary and that they comply
with the provisions of this chapter and will comply with subsequent
department rule making.
(4) Upon receiving a letter of intent under subsection (3) of this
section, the department of agriculture, the department of health, and
the city clerk or county clerk must send a letter of acknowledgment to
the producer or dispenser. The producer and dispenser must display
this letter of acknowledgment in a prominent place in their facility.
(5) This section expires July 1, 2012.
NEW SECTION. Sec. 1202 RCW 69.51A.080 (Adoption of rules by the
department of health -- Sixty-day supply for qualifying patients) and
2007 c 371 s 8 are each repealed.
NEW SECTION. Sec. 1203 Sections 402 through 411, 413, 601
through 611, 701 through 705, 801 through 807, 901, 902, 1001, 1101
through 1103, and 1201 of this act are each added to chapter
NEW SECTION. Sec. 1204 Section 1002 of this act takes effect
July 1, 2012.