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TRANSCRIPT
Medical Marijuana Authorization Database and
Consultant Certification RulesStakeholder Input Session
January 10, 2017 - Tumwater
Meeting Objective
Collect input that will inform the rule revisions for the medical marijuana authorization database and consultant certification program.
Welcome
Introduction and Purpose of today’s session Handouts Overview of agenda
o Explanation of roles o Guidelines for participantso Rule making process o History of legislation o Participant inputo Wrap up, next steps
Guidelines for Participants
This is a public meeting and everyone is welcome. Anything shared has the potential to be part of
public record. The intent is for everyone to be respectful of all
parties present. Each individual will have the opportunity for one,
timed comment period of several minutes. Comment time cannot be donated to another
individual.
Methods of Collecting Input
Individually written comments via worksheets Verbal comments Comments emailed [email protected]
Washington State Medical Marijuana Program
Rulemaking
When the legislature passes a law, they may direct an agency to create rules to implement the law.
When conducting rulemaking, the department must follow the requirements in: Administrative Procedure Act, chapter 34.05 RCW.
Stakeholders interested in the department’s rulemaking activities should join our ListServ: www.doh.wa.gov/medicalmarijuana.
Proposed Timeline - 2017
SeptemberAugustJulyJuneMayAprilMarchFebruaryJanuary
StakeholderMeeting
DateReview
Complete
Date ofPublic Hearing
Date ofRule
Publication
Rule Effective
Medical Marijuana in Washington State
Significant Legislation 1998: I-692 Permitted patients with certain
conditions to use medical marijuana. 2008: 60-day supply for patients was defined
as 24 ounces and 15 plants. 2012: I-502 Licenses and regulates marijuana
production, distribution, and possession for persons over 21.
On April 24, 2015, Gov. Inslee signed 2SSB 5052, the Cannabis Patient Protection Act. Directs the Department of Health to complete specific requirements.
Cannabis Patient Protection Act
Goals Clarify what is meant by the medical use of
marijuana. Better protect qualifying patients by regulating
medical marijuana products to ensure a safe, adequate, and consistent supply.
Allow for tax breaks for medical marijuana patients who are entered into the authorization database.
Provide protection from arrest and prosecution for patients who are entered into the authorization database.
DOH Requirements Contract with a third party to create and administer a medical
marijuana authorization database and recognition card. Adopt rules relating to the operation of the database. Adopt rules regarding products sold to patients and their
designated providers. Consult with the LCB about requirements for a retail store to
get a medical marijuana endorsement. Create a medical marijuana consultant certification program. Develop and approve continuing education for healthcare
practitioners who authorize the medical use of marijuana. Make recommendations to the legislature about establishing
medical marijuana specialty clinics and marijuana scheduling.
Chapter 69.51A.230 RCWChapter 246-71 WAC
Database Parameters
A retailer with a medical endorsement may add qualifying patients who volunteer to participate, to the database.
Authorized healthcare practitioners may access patient healthcare information from the database.
Qualifying patient may access their healthcare information from the database.
Approved persons may confirm recognition card validity (State Patrol, LCB, DOH).
Qualifying patients may learn who has accessed their healthcare information.
Recognition Card Parameters
Randomly generated unique ID number Photograph of patient or designated provides Effective date and Expiration date Name of authorizing healthcare professional
Cardholder Patient Non-Cardholder Patient
May purchase 3 times the recreational limits
May possess 6-15 plants if authorized May purchase high-THC
products, when available Purchases at endorsed stores
are not subject to sales tax Arrest protection May participate in
a cooperative
Restricted to purchasing the recreational limits
May only possess 4 plants May not purchase high-THC
products Purchases at retail stores
are subject to sales tax Affirmative defense only May not participate in
a cooperative
Benefits of Recognition Card
Chapter 69.51A.290 RCWChapter 246-72 WAC
Certification Requirements Define curriculum and select vendors to provide
training or education programs. Develop an application and renewal
process for consultant certificate holders. Specify the services that consultants
may provide.
Qualifying Medical Conditions Effects of Cannabinoids Product Type and Use Risks and Benefits for Routes of Administration Safe Handling and Storage Knowledge of State Rules on Certification
Curriculum Requirements
Must be at least 21 years old Annual Renewals Revocation or Suspension process Fees
Application & Renewal Parameters
Assist with product selection Describe risks and benefits of administration methods Advise on safe handling and storage of products to
protect children and pets Provide instruction on proper use
Services not allowed: Diagnose any conditions Recommend modification or elimination of any
treatment not involving medical use of marijuana
Consultant Services Parameters
Process for Sharing FeedbackTo give feedback verbally: We will use a numbering system to call people to provide
input; people will be called in order. When your number is called please come to the microphone.
We want as many people (hopefully everyone) who want to speak to be able to.
In order to do that:o Please be brief (we may have to limit time)o Please keep your comments on today’s topics
Process for sharing feedback (cont.)
A note-taker summarize themes of what we’re hearing If others’ comments have stimulated your thinking you
may post additional comments on the wall charts at the end of the meeting
If you do not have enough time to express all your thinking verbally – or we run out of time for all speakers -- there will be other ways for you to submit comments:o In writing, via worksheets hereo Through email
Chapter 256-71 WAC
Areas for Improvement in Rules Current requirements ask for a solid white backdrop to
use as the background for each picture; should we add language recommending other acceptable backdrop colors?
What improvements could be made to ensure the quality of the lamination process when making cards?
What additional language could be included on record keeping so businesses know they cannot keep or copy the authorization form, or enter information into other systems?
Chapter 256-72 WAC
Areas for Improvement in Rules Should the department be able to remove access for a store
that does not pay the required card fees?
Is clearer language needed for when the expired certificate reissuance fee is required to be paid?
Should more specifics about the type(s) of CPR certification that should qualify be included?
Should the rule include more specifics on how a certificate of completion should look or be submitted to the department?
Should the rule prevent a consultant from creating their own card (conflict of interest)?
Should the rule prevent a LCB Marijuana licensee from being a training program (conflict of interest)?
