(1) A qualifying patient or designated provider who has a valid authorization from his or her health care professional, but is not entered in the medical marijuana authorization database and does not have a recognition card may raise the affirmative defense set forth in subsection (2) of this section, if:

(a) The qualifying patient or designated provider presents his or her authorization to any law enforcement officer who questions the patient or provider regarding his or her medical use of marijuana;

(b) The qualifying patient or designated provider possesses no more marijuana than the limits set forth in RCW 69.51A.210(3);

(c) The qualifying patient or designated provider is in compliance with all other terms and conditions of this chapter;

(d) The investigating law enforcement officer does not have probable cause to believe that the qualifying patient or designated provider has committed a felony, or is committing a misdemeanor in the officer's presence, that does not relate to the medical use of marijuana; and

(e) No outstanding warrant for arrest exists for the qualifying patient or designated provider.

(2) A qualifying patient or designated provider who is not entered in the medical marijuana authorization database and does not have a recognition card, but who presents his or her authorization to any law enforcement officer who questions the patient or provider regarding his or her medical use of marijuana, may assert an affirmative defense to charges of violations of state law relating to marijuana through proof at trial, by a preponderance of the evidence, that he or she otherwise meets the requirements of RCW 69.51A.040. A qualifying patient or designated provider meeting the conditions of this subsection but possessing more marijuana than the limits set forth in RCW 69.51A.210(3) may, in the investigating law enforcement officer's discretion, be taken into custody and booked into jail in connection with the investigation of the incident.

[2015 c 70 § 25; 2011 c 181 § 402.]

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