BILL REQ. #: H-0335.2
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/16/13. Referred to Committee on Government Accountability & Oversight.
AN ACT Relating to the medical use of cannabis; amending RCW 69.51A.010, 69.51A.030, 69.51A.040, 69.51A.047, 69.51A.050, 69.51A.055, 69.51A.060, 69.51A.085, and 69.51A.110; creating a new section; and repealing RCW 69.51A.043.
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. "Cannabis" includes cannabis
products and useable cannabis.
(2) "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. "Cannabis products" does not include useable cannabis.
(3) "Designated provider" means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in writing by a patient to serve as a
designated provider under this chapter;
(c) Is prohibited from consuming ((marijuana)) cannabis obtained
for the personal, medical use of the patient for whom the individual is
acting as designated provider; and
(d) Is the designated provider to only one patient at any one time.
(((2))) (4) "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))) (5) "Medical use of ((marijuana)) cannabis" means the
manufacture, production, possession, transportation, delivery,
ingestion, application, or administration of marijuana, as defined in
RCW 69.50.101(q), for the exclusive benefit of a qualifying patient in
the treatment of his or her terminal or debilitating illness.
(((4))) (6) "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 is considered part of the same single
plant.
(7) "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 may
benefit from the medical use of ((marijuana)) cannabis.
(((5))) (8) "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))) (9) "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, 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))) (10) "THC concentration" means percent of
tetrahydrocannabinol content per weight or volume of useable cannabis
or cannabis product.
(11) "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. "Useable cannabis" does not
include cannabis products. "Useable cannabis," as a measurement of THC
concentration, only applies to the provisions of this chapter and is
not considered applicable to any other criminal laws related to
marijuana or cannabis.
(12) "Valid documentation" means:
(a) 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
(b) Proof of identity such as a Washington state driver's license
or identicard, as defined in RCW 46.20.035.
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))) 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;)) Examine or offer to examine a patient for purposes of
diagnosing a terminal or debilitating medical condition at a location
where cannabis is produced, ((
(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 producer, or licensed processor
of cannabis products;
(iii)processed)) manufactured, or
((dispensed)) delivered;
(((iv))) (ii) Have a business or practice which consists solely of
authorizing the medical use of cannabis; or
(((v))) (iii) 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)).
(vi) 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. 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 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,)) valid
documentation 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)) valid documentation and the qualifying
patient or designated provider's contact information ((posted
prominently next to)) available at all times on the premises where any
cannabis plants, cannabis products, or useable cannabis is located ((at
his or her residence));
(4) The investigating peace officer does not possess evidence that:
(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; 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((; and)).
(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.047 and 2011 c 181 s 406 are each amended to
read as follows:
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 RCW 69.51A.045.
Sec. 5 RCW 69.51A.050 and 1999 c 2 s 7 are each amended to read
as follows:
(1) The lawful possession or manufacture of medical ((marijuana))
cannabis as authorized by this chapter shall not result in the
forfeiture or seizure of any property.
(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 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.055 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, 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.043,))
69.51A.045((,)) and 69.51A.047((, and section 407 of this act)) 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, 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.085, and 69.51A.025 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 69.51A.060 and 2011 c 181 s 501 are each amended to
read as follows:
(1) It shall be a class 3 civil infraction to use or display
medical cannabis in a manner or place which is open to the view of the
general public.
(2) Nothing in this chapter establishes a right of care as a
covered benefit or requires any state purchased health care as defined
in RCW 41.05.011 or other health carrier or health plan as defined in
Title 48 RCW to be liable for any claim for reimbursement for the
medical use of cannabis. Such entities may enact coverage or
noncoverage criteria or related policies for payment or nonpayment of
medical cannabis in their sole discretion.
(3) Nothing in this chapter requires any health care professional
to authorize the medical use of cannabis for a patient.
(4) Nothing in this chapter requires any accommodation of any on-site medical use of 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 cannabis in any public place or hotel or motel.
(5) Nothing in this chapter authorizes the use of medical cannabis
by any person who is subject to the Washington code of military justice
in chapter 38.38 RCW.
(6) ((Employers may establish drug-free work policies. Nothing in
this chapter requires an accommodation for the medical use of cannabis
if an employer has a drug-free work place.)) 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 ((
(7)under RCW
69.51A.010(32)(a))), or to backdate such documentation to a time
earlier than its actual date of execution.
(((8))) (7) No person shall be entitled to claim the protection
from arrest and prosecution under RCW 69.51A.040 ((or the affirmative
defense under RCW 69.51A.043)) for engaging in the medical use of
cannabis 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,
including violations of RCW 46.61.502 or 46.61.504, or equivalent local
ordinances.
Sec. 8 RCW 69.51A.085 and 2011 c 181 s 403 are each amended to
read as follows:
(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 ten 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.
Sec. 9 RCW 69.51A.110 and 2011 c 181 s 408 are each amended to
read as follows:
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. 10 RCW 69.51A.043 (Failure to register--Affirmative defense) and 2011 c 181 s 402 are each repealed.
NEW SECTION. Sec. 11 This act may be known and cited as the Ric
Smith memorial act.