WSR 11-22-088

EXPEDITED RULES

DEPARTMENT OF HEALTH


[ Filed November 1, 2011, 3:30 p.m. ]

Title of Rule and Other Identifying Information: Chapter 246-75 WAC, repealing rules defining a sixty-day supply of medical marijuana for qualifying patients.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kris Reichl, Department of Health, P.O. Box 47850, Olympia, WA 98504-7850 , AND RECEIVED BY January 2, 2012.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 69.51A.080 required the department of health (department) to adopt rules defining a sixty-day supply of medical marijuana for qualifying patients. E2SSB 5073 (chapter 181, Laws of 2011) added the department's definition of a sixty-day supply to the law and removed the department's authority to establish rules. This rule making repeals chapter 246-75 WAC defining a sixty-day supply for qualifying patients.

Reasons Supporting Proposal: The proposed rule making qualifies for the expedited rule-making process and will repeal chapter 246-75 WAC because the statute on which the rule is based has been repealed.

Statutory Authority for Adoption: Chapter 43.70 RCW.

Statute Being Implemented: ESSB [E2SSB] 5073 (chapter 181, Laws of 2011).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Kris Reichl, 310 Isreal [Israel] Road, Olympia, WA 98504, (360) 236-4985; Implementation and Enforcement: Blake Maresh, 310 Isreal [Israel] Road, Olympia, WA 98504, (360) 236-4760.

November 1, 2011

Mary C. Selecky

Secretary

OTS-4365.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 246-75-010 Medical marijuana.

Washington State Code Reviser's Office