BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: Sec. (2) Therefore, the legislature intends that: (a) Qualifying patients with terminal or debilitating medical conditions who, in the judgment of their health care professionals, may benefit from the medical use of cannabis, shall not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state law based solely on their medical use of cannabis, notwithstanding any other provision of law; (b) Persons who act as designated providers to such patients shall also not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state law, notwithstanding any other provision of law, based solely on their assisting with the medical use of cannabis; and (c) Health care professionals shall also not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences under state law for the proper authorization of medical use of cannabis by qualifying patients for whom, in the health care professional’s professional judgement, the medical use of cannabis may prove beneficial. (b) A health care professional shall not: (i) Accept, solicit, or offer any form of pecuniary remuneration from or to a licensed dispenser, licensed producer, or licensed processor of cannabis products; (ii) Offer a discount or any otherthing of value to a qualifying patient who is a customer of, or agrees to be a customer of, a particular licensed dispenser, licensed producer, or licensed processor of cannabis products; (iii) Examine or offerto examine a patient for purposes of diagnosing a terminal or debilitating medical condition at a location where cannabis is produced, processed, or dispensed; (iv) Have a business or practice which consists solely of authorizing the medical use of cannabis; (v) Include any statement or reference, visual or otherwie, on the medical use of cannabis in any advertisement for his or her business or practice; or (vi) Hold an economic interest in an enterprise that produces, processes, or dispenses cannabis if the health care professional authorizes the medical use of cannabis. RCW 69.51A.0 c 371 s 5 are each amended to read as follows: The medical use of cannabis in accordance with the terms and conditions of this chapter does not constitute a crime and a qualifying patient or designated povider in compliance with the terms and conditions of this chapter may not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences, for possession, manufacture, or delivery of, or for possession with intent to manufacture and deliver, cannabis under state law, or have real or personal property seized or forfeited for possession, manufacture, or delivery of, or for possession with intent to manufacture and deiver, cannabis under state law, and investigating peace officers and law enforcement agencies may not be held civilly liable for failure to seize cannabis in this circumstance, if: (1)(a) The qualifying patient or designated provider possesses no more than fifteen cannabis plants and: (i) No more than twenty-four ounces of useable cannabis; (ii) No more cannabis product than what could reasonably be produced with no more than twenty-four ounces of useable cannabis; or (iii) A combination of useable cannabis and cannabis product that does not exceed a combined total representng possession and processing of no more than twenty-four ounces of useable cannabis. (1) A qualifying patient or designated provider who is not registered with the registry established in section 901 of this act 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 valid documentation to any peace officer who questions the patient or provider regarding his or her medical use of cannabis; (b) The qualifying patient or designated provider possesses no more cannabis than the limits set forth in RCW 69.51A.040(1); (c) The qualifying patient or designated provider is in compliance with all other terms and conditions of this chapter; (d) The investigating peace 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 cannabis; (e) No outstanding warrant for arrest exists for the qualifying patient or designated provider; and (f) The investigating peace officer has not observed evidence of any of the circumstances identified in section 901(4) of this act. Such entities may enact coverage or noncoverage criteria or related policies for payment or nonpayment of medical cannabis in their sole discretion. If the jurisdiction has no commercial zones, the jurisdiction is not required to adopt zoning to accommodate licensed dispensers. (3) Nothing in this chapter establishes the medical necessity or medical appropriateness of cannabis for treating terminal or debilitatng medical conditionsas defined in RCW 69.51A.010. RCW 69.51A.0 c 2 s 3 are each amended to read as follows: Nothing in this chapter shall be construed to supersede Washington stae law prohibiting the acquisition, possession, manufacture, sale or use of cannabis for nonmedical purposes. (3) A violation of any provision of subsection (2) of this section constitutes unprofessional conduct under chapter 18.130 RCW. (b) If a person is both a qualifying patient and a designated provider for another qualifying patient, the person may possess no more than twice the amounts described in (a) of this subsection, whether the plants, useable cannabis, and cannabis product are possessed individually or in combination between the qualifying patient and his or her designated provider; (2) The qualifying patient or designated provider presents his or her proof of registration with the department of health, to any peace officer who questions the patient or provider regarding his or her medical use of cannabis; (3) The qualifying patient or designated provider keeps a copy of his or her proof of registration with the registry established in section 901 of this act and the qualifying patient or designated provider’s contact information posted prominently next to any cannabis plants, cannabis products, or useable cannabis located at his or her residence; (4) The investigating peace officer does not possess evidence that: (a) The designated provider has converted cannabis produced or obtained for the qualifying patient for his or her own personal use or benefit; or (b) The qualifying patient has converted cannabis produced or obtained for his or her own medical use to the qualifying patient’s personal, nonmedical use or benefit; (5) The investigating peace officer does not possess evidence that the designated provider has served as a designated provider to more than one qualifying patient within a fifteen-day period; and (6) The investigating peace officer has not observed evidence of any of the circumstances identified in section 901(4) of this act. (2) A qualifying patient or designated provider who is not registered with the registry established in section 901 of this act, but who presents his or her valid documentation to any peace officer who questions the patient or provider regarding his or her medical use of cannabis, may assert an affirmative defense to charges of violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence, that he or she otherwise meets the requirements of RCW 69.51A.040. (1) Qualifying patients may create and participate in collective gardens for the purpose of producing, processing, transporting, and delivering cannabis for medical use subject to the following conditions: (a) No more than ten qualifying patients may participate in a single collective garden at any time; (b) A collective garden may contain no more than fifteen plants per patient up to a total of forty-five plants; (c) A collective garden may contain no more than twenty-four ounces of useable cannabis per patient up to a total of seventy-two ounces of useable cannabis; (d) A copy of each qualifying patient’s valid documentation or proof of registration with the registry established in section 901 of this act, including a copy of the patient’s proof of identity, must be available at all times on the premises of the collective garden; and (e) No useable cannabis from the collective garden is delivered to anyone other than one of the qualifying patients participating in the collective garden. (3) Nothing in this chapter requires any health care professional to authorize the medical use of cannabis for a patient.

Although the bill was designed to regulate and tax licensed cannabis producers and storefront dispensaries, most of its key provisions were vetoed by Gov. (The vetoed portions do not appear below.) Further changes in the state’s medical cannabis laws and regulations are pending following the passage of Initiative 502, which placed medical and non-medical cannabis under the authority of the Washington State Liquor Control Board. (3) For purposes of facilitating this evaluation, the departments of health and agriculture will make available to the Washington state institute of public policy requested data, and any other data either department may consider relevant, from which all personally identifiable information has been redacted. As part of this research, the University of Washington and Washington State University may develop and conduct studies to ascertain the general medical safety and efficacy of cannabis and may develop medical guidelines for the appropriate administration and use of cannabis. (2) No civil or criminal liability may be imposed by any court on any cities, town, and counties or other municipalities and their officers and employees for actions taken in good faith under this chapter and within the scope of their assigned duties. Nothing in this act is intend to limit the authority of cities and towns to impose zoning requirements or other conditions upon licensed dispensers, so long as such requirements do not preclude the possibility of siting licensed dispensers within the jurisdiction. (b) The affirmative defenses established in sections 402, 405, 406, and 407 of this act may not be asserted in a supervision revocation or violation hearing by a person who is supervised by a corrections agency or department, including local governments or jails, that has determined that the terms of this section are inconsistent with and contrary to his or her supervision.

[toggle title=”Sectional index of Washington medical cannabis laws”] Washington medical cannabis laws are broken down into sections. RCW 69.51A.0 c 284 s 1 are each amended to read as follows: (1) The legislature finds that: (a) There is medical evidence that some patients with terminal or debilitating medical conditions may, under their health care professional’s care, benefit from the medical use of cannabis. If the jurisdiction has no commercial zones, the jurisdiction is not required to adopt zoning to accommodate licensed dispensers. (2) The provisions of RCW 69.51A.040 and sections 403 and 413 of this act do not apply to a person who is supervised for a criminal conviction by a corrections agency or department, including local governments or jails, that has determined that the terms of this chapter are inconsistent with and contrary to his or her supervision. RCW 69.51A.9 c 2 s 1 are each amended to read as follows: This chapter may be known and cited as the Washington state medical use of cannabis act.

The descriptions shown here are provided for reference and convenience and are not included in the text of the legislation and/or Revised Washington Code. Some of the conditions for which cannabis appears to be beneficial include, but are not limited to: (i) Nausea, vomiting, and cachexia associated with cancer, HIV-positive status, AIDS, hepatitis C, anorexia, and their treatments; (ii) Severe muscle spasms associated with multiple sclerosis, epilepsy, and other seizure and spasticity disorders; (iii) Acute or chronic glaucoma; (iv) Crohn’s disease; and (v) Some forms of intractable pain. RCW 69.51A.0 c 284 s 3 are each amended to read as follows: (1) The following acts do not constitute crimes under state law or unprofessional conduct under chapter 18.130 RCW, and a health care professional may not be arrested, searched, prosecuted, disciplined, or subject to other criminal sanctions or civil consequences or liability under state law, or have any real or personal property searched, seized, or forfeited pursuant to state law, notwithstanding any other provision of law as long as the health care professional complies with subsection (2) of this section: (a) Advising a patient about the risks and benefits of medical use of cannabis or that the patient may benefit from the medical use of cannabis; or (b) Providing a patient meeting the criteria established under RCW 69.51A.010(26) with valid documentation, based upon the health care professional’s assessment of the patient’s medical history and current medical condition, where such use is within a professional standard of care or in the individual health care professional’s medical judgment. RCW 69.51A.0 c 284 s 4 are each amended to read as follows: (1) It shall be a class 3 civil infraction to use or display medical cannabis in a manner or place which is open to the view of the general public. (2) Counties may adopt and enforce any of the following pertaining to the production, processing, or dispensing of cannabis or cannabis products within their jurisdicton in locations outside of the corporate limits of any city or town: Zoning requirements, business licensing requirements, and health and safety requirements. (3) A person may not be licensed as a licensed producer, licensed processor of cannabis products, or a licensed dispenser under section 601, 602, or 701 of this act if he or she is is supervised for a criminal conviction by a corrections agency or department, including local governments or jails, that has determined that licensure is inconsistent with and contrary to his or her supervision.

[/toggle] AN ACT Relating to medical use of cannabis; amending RCW 69.51A.005, 69.51A.020, 69.51A.010, 69.51A.030, 69.51A.040, 69.51A.050, 69.51A.060, and 69.51A.900; adding new sections to chapter 69.51A RCW; adding new sections to chapter 42.56 RCW; adding a new section to chapter 28B.20 RCW; creating new sections;repealing RCW 69.51A.080; prescribing penalties; and providing an effective date. (b) Humanitarian compassion necessitaes that the decision to use cannabis by patients with terminal or debilitating medical conditions is a personal, individual decision, based upon their health care professional’s professional medical judgment and discretion. (2)(a) A health care professional may only provide a patient with valid documentation authorizing the medical use of cannabis or register the patient with the registry established in section 901 of this act if he or she has a newly initiated or existing documented relationship with the patient, as a primary care provider or a specialist, relating to the diagnosis and ongoing treatment or monitoring of the patient’s terminal or debilitating medical condition, and only after: (i) Completing a physical examination of the patient as appropriate, based on the patient’s condition and age; (ii) Documenting the terminal or debilitating medical condiion of the patient in the patient’s medical record and that the patient may benefit from treatment of this condition or its symptoms with medical use of cannabis; (iii) Informing the patient of other options for treating the terminal or debilitating medical condition; and (iv) Documenting other measures attempted to treat the terminal or debilitating medical condition that do not involve the medical use of cannabis. Nothing in this chapter or in the rules adopted to implement it precludes a qualifying patient or designated provider from engaging in the private, unlicensed, noncommercial production, possession, transportation, delivery, or administration of cannabis for medical use as authorized under RCW 69.51A.040. (2) Nothing in this chapter establishes a right of care as a covered benefit or requires any state purchased health care as defined in RCW or other health carrier or health plan as defined in Title 48 RCW to be liable for any claime for reimbursement for the medical use of cannabis. Nothing in this act is intend to limit the authority of counties to impose zoning requirements or other conditions upon licensed dispensers, so long as such requirements do not preclude the possibility of siting licensed dispensers within the jurisdiction. If any provision ofthis act or the application thereof to any person or circumstance is held invali, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

The protections of this chapter cease to apply to a person who has served as a designated provider to a qualifying patient seventy-two hours after receipt of that patient’s revocation of his or her designation. This section does not preclude a health care professional from requiring that a patient abstain from the medical use of cannabis, for a period of time determined by the health care professional, while wating for a transplant organ or before the patient undergoes an organ transplant. (6) Employers may establish drug-free work policies.

(2) A person may stop serving as a designated provider to a given qualifying patient at any time. A qualifying patient or designated provider in possession of cannabis plants, useable cannabis, or cannabis product exceeding the limits set forth in RCW 69.51A.040(1) but otherwise in compliance with all other terms and conditions of this chapter may establish an affirmative defense to charges of violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence, that the qualifying patient’s necessary medical use exceeds the amounts set forth in RCW 69.51A.040(1). Nothing in this chapter requires an accommodation for the medical use of cannabis if any employer has a drug-free work place.

However, that person may not begin serving as designated provider to a different qualifying patient until fifteen days have elapsed from the date the last qualifying patient designated hm or her to serve as a provider. An investigating peace officer may seize cannabis plants, useable cannabis, or cannabis product exceeding the amounts set forth in RCW 69.51A.040(1): PROVIDED, That in the case of cannabis plants, the qualifying patient or designated provider shall be allowed to select the plants that will remain at the location. A qualifying patient or designated provider who is not registered with the registry established in section 901 of this act or does not present his or her valid documentaion to a peace officer who questions the patient or provider regarding his or her medical use of cannabis but is in compliance with all other terms and conditions of this chapter may establish an affirmative defense to charges of violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence, that he or she was a validly authorized qualifying patient or designated provider at the time of the officer’s questioning. (7) It is a class C felony to fraudulently produce any record purporting to be, or tamper with the content of any record for the purpose of having it accepted as, valid documentation under RCW 69.51A.010(32)(a), or to backdate such documentation to a time earlier than its actual date of execution.

Hail Mary for more content catered to our Greenies!

Shot at the Hightimes San Francisco Medical Cannabis Cup VIP After party.

Washington’s medical cannabis laws date back to 1998, when state voters approved Initiative 692. (1) By July 1, 2014, the Washington state institute for public policy shall, within available funds, conduct a cost-benefit evaluation of the implementation of this act and the rules adopted to carry out its purpose.

The state’s medical cannabis laws have been amended twice by the Washington State Legislature, most recently in 2011 with the passage of Engrossed Second Substitute Senate Bill 5073. (2) The evaluation of the implementation of this act and the rules adopted to carry out its purposes shall include, but not necessarily be limited to, consideration of the following factors: (a) Qualifying patients’ access to an adequate source of cannabis for medical use; (b) Qualifying patients’ access to a safe source of cannabis for medical use; (c) Qualifying patients’ access to a consistent source of cannabis for medical use; (d) Qualifying patients’ access to a secure source of cannabis for medical use; (e) Qualifying patients’ and designated providers’ contact with law enforcement and involvement in the criminal justice system; (f) Diversion of cannabis intended for medical use to nonmedical uses; (g) Incidents of home invasion burglaries, robberies, and other violent and property crimes associated with qualifying patients accessing cannabis for medical use; (h) Whether there are health care professionals who make a disproportionately high amount of authorizations in comparison to the health care professional community at large; (i) Whether there are indications of health care professionals in violation of RCW 69.51A.030; and (j) Whether the health care professionals making authorizations reside in this state or out of this state. A new section is added to chapter 28B.20 RCW to read as follows: The University of Washington and Washington State University may conduct scientific research on the efficacy and safety of administering cannabis as part of medical treatment. (1) No civil or criminal liability may be imposed by any court on the state or its officers and employees for actions taken in good faith under this chapter and within the scope of their assigned duties. (1) Cities and towns may adopt and enforce any of the following pertaining to the production, processing, or dispensing of cannabis or cannabis products within their jurisdiction: Zoning requirements, business licensing requirements, health and safety requirements, and business taxes. (1)(a) The arrest and prosecution protections established in section 401 of this act may not be asserted in a supervision revocation or violation hearing by a person who is supervised by a corrections agency or department, including local governments or jails, that has determined that the terms of this section are inconsistent with and contrary to his or her supervision.