FINAL BILL REPORT

HB 1250

C 131 L 17

Synopsis as Enacted

Brief Description: Authorizing retail marijuana outlets to give a free lockable drug box to adults age twenty-one years and over and to qualifying patients age eighteen years and over subject to restrictions.

Sponsors: Representatives Griffey, Orwall, Dent, MacEwen, Hayes, Holy, McCaslin and Doglio.

House Committee on Commerce & Gaming

Senate Committee on Commerce, Labor & Sports

Background:

Licensed marijuana retail outlets may not sell products or services other than useable marijuana, marijuana-infused products, marijuana concentrates (collectively "marijuana products") or paraphernalia intended for the storage or use of marijuana products. Retail outlets may sell such products or services only to adults age 21 and over, and, if the retail outlet holds a medical marijuana endorsement, to qualifying patients age 18 and over who are entered into the Medical Marijuana Authorization Database (the Database) and hold a valid recognition card.

A qualifying patient is a person who: (1) is a patient of a health care professional; (2) has been diagnosed by that health care professional as having a terminal or debilitating medical condition; (3) is a state resident at the time of the diagnosis; (4) has been advised by that health care professional about the risks and benefits of the medical use of marijuana; (5) has been advised by that health care professional that they may benefit from the medical use of marijuana; and (6) has an authorization from the person's health care professional. An authorization is a form developed by the Department of Health that is completed and signed by a qualifying patient's health care professional and printed on tamper-resistant paper. A designated provider is an adult age 21 or over who is designated in writing by a qualifying patient to serve as the designated provider for that patient, or, if the qualifying patient is under age 18, then is the qualifying patient's parent or guardian.

A recognition card is a card issued to qualifying patients and designated providers by a marijuana retailer with a medical marijuana endorsement that has entered the qualifying patient or designated provider into the Database. Qualifying patients under age 18 may be entered into the Database and receive a recognition card, and may accompany their designated provider onto the premises of a retail outlet with a medical marijuana endorsement, but may not purchase marijuana products themselves.

Because marijuana is a Schedule I controlled substance under the state Uniform Controlled Substances Act, and only specific conduct related to possessing, transferring, and consuming marijuana products within the system under Initiative 502 is legal, generally, any conduct that is not explicitly authorized is prohibited and punishable as a class C felony under the Uniform Controlled Substances Act.

Summary:

Licensed marijuana retail outlets may donate, at no cost, to retail outlet customers, a lockable box intended for the secure storage of marijuana products and paraphernalia and literature about such a lockable box. Retail outlets may receive such lockable boxes and literature as a donation from another entity or person that is not a licensed marijuana producer, processor, or retailer, for donation to retail outlet customers.

Retail outlets may not condition the donation of a lockable box or literature on the recipient's purchase of a marijuana product or paraphernalia from the retail outlet or use the donation of lockable boxes and literature as an incentive to sell marijuana products or paraphernalia.

Retail outlets may purchase and sell lockable boxes, provided that the sales price is not less than the cost of acquisition.

Votes on Final Passage: