summary of medical marijuana reform bill

8/2/2019 Summary of Medical Marijuana Reform Bill

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Summary of medical marijuana reform bill

Background

In 1998, voters approved I-692 which permitted the use of marijuana for medical purposes

by qualifying patients. The Legislature subsequently amended the chapter on medical useof marijuana in 2007 and in 2010. In order to qualify for the use of medical marijuana,patients must have a terminal or debilitating medical condition (cancer, HIV, multiplesclerosis, intractable pain, glaucoma, Crohns disease, hepatitis C, nausea/seizure diseases,or a disease approved by the Medical Quality Assurance Commission) and the diagnosis ofthis condition must have been made by a health care professional. Patients are notprovided arrest protection. Instead, patients are permitted to assert an affirmative defenseat trial with proof of compliance with the medical marijuana law.

Patients may grow medical marijuana for themselves or designate a provider to grow ontheir behalf. Designated providers may only provide medical marijuana to one patient at a

time. Patients and their designated providers are limited to possession of an amount ofmarijuana that is necessary for the patients personal medical use, and not exceeding fifteenplants and twenty-four ounces of useable marijuana.

Bill Draft Summary

The bill draft provides for arrest protection for medical cannabis patients, rather than theaffirmative defense currently available to them. The bill draft provides for a system bywhich patients may purchase medical cannabis. They may continue to grow for themselvesor have a designated provider grow for them, or they may purchase cannabis from alicensed dispenser, regulated by the Department of Health. Dispensers may purchase

cannabis at wholesale from licensed producers or licensed processors of cannabis products.Both producers and processors are regulated by the Department of Agriculture.

The patient is permitted to show compliance with the law by possessing validdocumentation that he or she is authorized to use medical cannabis. A voluntary registrysystem is also created within the Department of Health with which law enforcement mustconsult before conducting a warrantless search or arrest or seeking a search or arrestwarrant. Valid documentation and registrations are valid for up to a one year period.

Terminal or debilitating conditions.

The use of cannabis by patients who have been determined to have a terminal ordebilitating medical condition is permitted. Terminal or debilitating medical conditionsremain as defined in current law except that the requirement that the condition beunrelieved by standard treatments or medications is removed.

Arrest protection.


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Medical cannabis patients and their designated providers are provided withprotection from arrest, search, prosecution, and other civil or criminal consequencesfor use of medical cannabis if:

o The patient or provider possesses no more than 15 cannabis plants and no

more than 24 ounces of useable cannabis. Cannabis products are permitted

and a patient or provider may possess no more than the amount of productthat can be produced with up to 24 ounces of useable cannabis.o The patient or provider presents valid documentation or proof of registration

with the registry to law enforcement when questioned about medical use ofcannabis.

o A copy of the health care professional's authorization and the patient or

provider's contact information must be posted prominently next to cannabisat the residence.

o The designated provider has not converted medical cannabis for personal

use and has not served as a designated provider to another patient for atleast fifteen days.

Medical cannabis patients and their designated providers may sign up on theDepartment of Health registry. Before making a warrantless arrest or search orbefore seeking a search warrant or arrest warrant based on a cannabis-relatedincident, law enforcement officers must consult with the registry and determinewhether the person is a registered medical cannabis patient.

o Registered persons may not be arrested or searched and registered locations

may not be searched or seized unless there is evidence of conduct thatwould disqualify the person or location from the protections of the medicalcannabis law or there exists probable cause that another criminal offensehas been or is being committed.

Affirmative defense. Qualified patients or designated providers who do not qualify forarrest protection may assert an affirmative defense at trial if:

The amount of cannabis in the patient's possession exceeds 15 plants or 24 ouncesof useable cannabis and the patient establishes that the excess amount is necessaryfor the patient's medical use.

The patient does not provide law enforcement with valid documentation that he orshe is a qualified patient or does not provide evidence that he or she is a registeredpatient, but is able to establish at trial that he or she was a qualifying patient at thetime of arrest.

The patient is a nonresident of the state, is authorized to engage in the medical use

of cannabis under the laws of another state, is otherwise within the provisions of themedical cannabis law, and presents the documentation of authorization requiredunder the patient's authorizing state law to law enforcement when questioned aboutthe use of cannabis.

Collective gardens. Patients may participate in collective gardens if:

No more than 25 patients may participate at any time.


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A collective garden may contain no more than 15 plants per patient up to a total of90 plants for six patients. If seven or more patients participate in a collectivegarden, no more than 99 plants may be grown.

No more than 96 ounces of useable cannabis may be on the premises of a collectivegarden at any time.

A copy of each patient's valid documentation must be available at all times on thepremises. Usable cannabis may only be delivered to a qualifying patient participating in the

collective garden.

Designated providers.

A designated provider is a person who is at least 18 years old and has been designated by apatient to serve as a provider of cannabis. A designated provider may grow cannabis foronly one patient at a time during a 15 day period. The patient may revoke the designationof a specific provider and designate a different provider at any time and the protections of

the medical cannabis law are no longer provided to a designated provider 72 hours after thedesignation revocation.

Other patient and provider provisions.

Parental rights may not be restricted solely due to medical use of cannabis unlessthis use results in a long-term impairment that interferes with the performance ofparenting functions.

A patient may not be refused, discharged, or discriminated against in employmentsolely as a result of off-site medical use of cannabis if:

o The employer is not a federal contractor or grant recipient under the drug-

free workplace act.o The employment does not involve public safety or the handling of

hazardous materials or heavy equipment.o The off-site use of medical cannabis does not prevent the proper

performance of the work. A patient may not be refused or evicted from housing. Possession, delivery, or production of medical cannabis may not result in civil

forfeiture of real or personal property. A patient awaiting an organ transplant may not have his or her use of medical

cannabis used as the sole disqualifier for an organ transplant. However, transplantscenters may consider whether the use of medical cannabis could lead to a greater

risk of infection or organ failure and may restrict the use of medical cannabis beforethe transplant.

Department of Corrections. In imposing a criminal sentence, deferred prosecution, orderof continuance, deferred disposition, or dispositional order a court may permit the medicaluse of cannabis and exclude it as a reason for finding the offender has violated the terms ofhis or her sentence or order.


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Limitations on use of medical cannabis.

Patients may not use medical cannabis in a public place in a manner that wouldcause another person to identify the substance as cannabis.

Health insurance providers are not required to reimburse a patient for the medical

use of cannabis. Health care professionals are not required to authorize the medical use of cannabis. Employers are not required to make an accommodation for the on-site use of

cannabis. It is a class C felony to backdate any valid documentation to a time earlier than the

actual date of execution. Medical use of cannabis is not a defense for a charge of driving under the influence.

Licensed producers and processors of cannabis products.

Licensed producers and processors of cannabis products may be non-profit or for-

profit businesses. A licensed producer is a person licensed by the Department of Agriculture to

produce cannabis for medical use for wholesale to licensed dispensers and licensedprocessors of cannabis products.

A licensed processor of cannabis products is a person licensed by the Departmentof Agriculture to manufacture, process, handle and label cannabis products forwholesale to licensed dispensers. This includes edible products and lotions.

Producers and processors must:o Maintain records addressing: all cannabis produced, processed, weighed,

tested, stored, shipped, or sold. These records are subject to inspection bythe Department of Agriculture.

o

Provide reports to the Department of Agriculture as required by theDirector.o Maintain facilities in a manner to provide reasonable ingress and egress to

all areas and equipment and provide an adequate facility to completeinspections.

o Sell only to a Department of Agriculture inspector, licensed dispensers, or

to law enforcement officers. Producers may sell to processors. Processors must comply with the food processing act. Producers and processors are subject to the Business and Occupation tax.

Department of Agriculture.

The Director of the Department of Agriculture is given authority over licensedproducers and processors of cannabis products.

The Director may:o Monitor and inspect the production and processing of all medical cannabis.

o Approve facilities of producers and processors of cannabis products.

o Investigate fraud complaints.


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o Inspect all the facilities and books of any producer or processor of cannabis

products.o Issue subpoenas to compel the attendance of witnesses and/or the

production of books, documents and records.o Adopt rules establishing inspection standards and procedures intended for

medical use and to establish the identification of cannabis intended formedical use.

o Deny, suspend, or revoke a producer or processor's license if the producer

or processor is in violation of the law on medical cannabis. The Director must adopt rules on the following:

o Grades and standards suitable for inspection of medical cannabis.

o Grading and certification of grade, grading factors, condition, cannabinoid

profile, THC concentration, or other qualitative measurement of medicalcannabis.

o Sizes and security features on containers used for packing, handling, or

storing medical cannabis.

o Labeling requirements for medical cannabis.o Licensure requirements for producers and processors of cannabis products.

o Mandatory inspections of production and processing facilities.

o Transportation requirements for medical cannabis from production facilities

to processing facilities and dispensers.o Licensing and renewal fees.

o Enforcement.

o Record keeping requirements of producers and processors.

o Sample retention and disposal.

If a producer or processor fails to submit to an inspection or audit, the Director ofthe Department of Agriculture may give written notice to the producer or processor

to submit to inspection. If the producer or processor fails to comply, the Directormust levy a $500 per day fine and after seven days may seek a court orderauthorizing the Department of seize books, papers, cannabis and property relatingto the operation of the business.

Samples of cannabis drawn by Department inspectors may be returned to theproducer or processor or will become property of the state and subject todisposition by the Department.

Department employees who accept money or other consideration for improperperformance or who divert cannabis for personal use will be subject to criminalpenalties.

Licensed dispensers.

Licensed dispensers must be non-profit corporations. Dispensers may sell seeds, seedlings, cuttings, plants, useable cannabis, and

cannabis products to medical cannabis patients. Dispensers may sell only cannabis received from a licensed producer or processor

and may sell only to qualifying patients or their designated providers. Patients purchasing at dispensing facilities are not subject to sales tax.


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Licensed dispensers will be subject to the Business and Occupation tax.

Department of Health.

The Secretary of the Department of Health must adopt rules on the following:o

License requirements for dispensers of cannabis.o Mandatory inspection of dispensers' locations.

o Procedures on the suspension and revocation of licenses.

o Recordkeeping requirements.

o Sizes, dimension, and safety standards for containers to be used for

dispensing medical cannabis.o Cannabis storage requirements, including security requirements.

o Labeling requirements.

o Standards for cannabis dispensing facilities.

o Standards for sanitary conditions for cannabis dispensing facilities and

equipment.

o Licensing and renewal fees.

Advertising. Producers, processors and dispensers may not advertise cannabis onbroadcast television, radio or on billboards in a manner that promotes or tends to promotethe use or abuse of cannabis.

Penalties.

If no penalty is provided for, a violation of the law on medical cannabis is amisdemeanor.

Producers, processors, and dispensers who fail to comply with the law on medical

cannabis may be subject to a civil penalty up to one thousand dollars per violation. A person who aids or abets in the violation of the law on medical cannabis may be

subject to civil penalty of up to one thousand dollars per violation. Producers, processors, or dispensers who sell to an unauthorized person are subject

to a class C felony. Producers, processors, or dispensers who violate the prohibition on advertising are

subject to a fine of up to $1000. Law enforcement officers who fail to consult the registry before conducting a

search or seeking a search or arrest warrant are subject to a civil penalty of $500. Producers and processors who fail to respond to a Department of Agriculture notice

to submit to inspection are subject to a fine of $500 per day.

Registration - patients and designated providers.

o The Department of Health must adopt rules establishing a secure and

confidential registration system. The registration system must permit lawenforcement to verify whether a health care professional has registered aperson or an address as a qualifying patient or a designated provider.


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Access to the registry requires an articulated individualized suspicion of criminalactivity.

Registration is voluntary for patients and providers. Registration fees must be established on an income-based sliding scale. The registration system must meet the following:

o

Personally identifiable information must be non-reversible and notsusceptible to linkage by use of data external to the registration system.o Ensure patient privacy.

o Maintain a log of verification queries for a three year period.

o Personally identifiable information is exempt from public disclosure.

o Subjects of verification queries may inspect a copy of the log during regular

business hours or request copies of log records relating to them.

List of producers and processors. The Department of Agriculture must create andmaintain a confidential list of producers and processors. Names and personally identifiableinformation may be released only to authorized Department of Agriculture employees or to

authorized law enforcement employees as necessary to verify that a person is a producer orprocessor or that a location is the address of a production or processing facility.

List of dispensers. The Department of Health must create and maintain a confidential listof persons who have a license to dispense medical cannabis. Names and personallyidentifiable information may be released only to authorized Department of Healthemployees as necessary to verify that a person is a dispenser or that a location is therecorded address of a licensed dispenser.

Evaluation. By July 1, 2014, and within available funds, the Washington State Institute forPublic Policy must conduct a cost-benefit evaluation of the implementation of the law on

medical cannabis.

Research. The University of Washington is permitted to conduct scientific research on thesafety of administering cannabis as part of a medical treatment. The University maydevelop medical guidelines for the appropriate administration of cannabis.

Grandfather clause. Dispensaries and producers who have registered with the Secretaryof State by January 1, 2011 and who file a letter of intent to become licensed with theDepartment of Agriculture or the Department of Health, as the case may be, may assert anaffirmative defense if charged with a cannabis-related crime. Dispensaries and producersmay only provide marijuana to other dispensaries and to qualified patients. They must

become licensed when the Departments adopt licensing requirements.

Local government authority. Local governments may only enact laws that are consistentwith the state's law on medical cannabis. Reasonable zoning requirements for producers,processors, and dispensers are permitted.


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summary of medical marijuana reform bill

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