Rivers MMJ Draft 2015

Kathleen Buchli 786-7488
Health Care
September 30, 2014 (1:23 PM)
AN ACT Relating to regulating the medical use of marijuana;
2
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4
5
NEW SECTION. Sec. 1.
The legislature finds that since voters
6 approved Initiative Measure No. 692 in 1998, it has been the public
7 policy of the state to permit the medical use of marijuana.
Between
8 1998 and the present day, there have been multiple legislative attempts
9 to clarify what is meant by the medical use of marijuana and to ensure
10 that qualifying patients have a safe, consistent, and adequate source
11 of marijuana for their medical needs.
12
The legislature further finds that qualifying patients are people
13 with serious medical conditions and have been responsible for finding
14 their own source of marijuana for their own personal medical use. Either
15 by growing it themselves, designating someone to grow for them, or
16 participating in collective gardens, patients have developed methods of
17 access in spite of continued federal opposition to the medical use of
18 marijuana. In a time when access itself is an issue and no safe,
19 consistent source of marijuana was available, this unregulated system
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1 was permitted by the state to ensure some, albeit limited, access to

2 marijuana for medical use. Also permitted were personal possession
3 limits of 15 plants and 24 ounces of useable marijuana, which was deemed
4 to be the amount of marijuana needed for a 60 day supply. In a time when
5 supply was not consistent, this amount of marijuana was necessary to
6 ensure patients would be able to address their immediate medical needs.
7
The legislature further finds that while possession amounts are
8 provided in statute, these do not amount to protection from arrest and

9 prosecution for patients.
In fact, patients in compliance with state
10 law are not provided arrest protection.
They may be arrested and their
11 only remedy is to assert an affirmative defense at trial that they are

12 in compliance with the law and have a medical need.
Too many patients
13 using marijuana for medical purposes today do not know this; many falsely
14 believe they cannot be arrested so long as their health care provider
15 has authorized them for the medical use of marijuana.
16
The legislature further finds that in 2012, voters passed Initiative
17 Measure No. 502 which permitted the recreational use of marijuana.
For
18 the first time in our nation's history, marijuana would be regulated,

19 taxed, and sold for recreational consumption.
Initiative Measure No.
20 502 provides for strict regulation on the production, processing, and

21 distribution of marijuana.
Under Initiative Measure No. 502, marijuana
22 is trackable from seed to sale and may only be sold or grown under
23 license.
Marijuana must be tested for impurities and purchasers of
24 marijuana must be informed of the THC level in the marijuana.
Since
25 its passage, 250 producer/processer licenses and 63 retail licenses have

26 been issued, covering the majority of the state. With the current product
27 canopy exceeding 2.9 million square feet, and retailers in place, the
28 state now has a system of safe, consistent, and adequate access to
29 marijuana; the marketplace is not the same marketplace envisioned by
30 the voters in 1998.
While medical needs remain, the state is in the
31 untenable position of having a recreational product that is tested and

32 subject to production standards that ensure safe access for recreational
33 users.
No such standards exist for medical users and, consequently,
34 the very people originally meant to be helped through the medical use
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1 of marijuana do not know if their product has been tested for molds, do
2 not know where their marijuana has been grown, have no certainty in the
3 level of THC or CBD in their products, and have no assurances that their
4 products have been handled through quality assurance measures. It is
5 not the public policy of the state to allow qualifying patients to only
6 have access to products that may be endangering their health.
7
The legislature, therefore, intends to adopt a comprehensive bill
8 that uses the regulations in place for the recreational market to provide
9 regulation for the medical use of marijuana.
It intends to ensure that
10 patients retain their ability to grow their own products and it intends
11 to ensure that patients have the ability to possess more marijuana than
12 what is available to a recreational user.
It further intends that
13 medical specific regulations be adopted as needed and under consultation

14 of the departments of health and agriculture so that safe handling
15 practices will be adopted and so that testing standards for medical
16 products meet or exceed those standards in use in the recreational
17 market.
18
19
Sec. 2.
RCW 66.08.012 and 2012 c 117 s 265 are each amended to read
20 as follows:
21
There shall be a board, known as the "Washington state liquor
22 ((control)) and cannabis board," consisting of three members, to be

23 appointed by the governor, with the consent of the senate, who shall
24 each be paid an annual salary to be fixed by the governor in accordance
25 with the provisions of RCW 43.03.040.
The governor may, in his or her
26 discretion, appoint one of the members as chair of the board, and a

27 majority of the members shall constitute a quorum of the board.
28
29
30
Sec. 3.
31 as follows:
32
Unless the context clearly requires otherwise, definitions of terms
33 shall be as indicated where used in this chapter:

34
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(a) "Administer" means to apply a controlled substance, whether by
2 injection, inhalation, ingestion, or any other means, directly to the

3 body of a patient or research subject by:
4
(1)
practitioner
authorized
to
prescribe
(or,
by
the
5 practitioner's authorized agent); or

6
(2) the patient or research subject at the direction and in the
7 presence of the practitioner.

8
(b) "Agent" means an authorized person who acts on behalf of or at
9 the direction of a manufacturer, distributor, or dispenser.
It does
10 not include a common or contract carrier, public warehouseperson, or

11 employee of the carrier or warehouseperson.
12
(c) "Commission" means the pharmacy quality assurance commission.
13
(d) "Controlled substance" means a drug, substance, or immediate
14 precursor included in Schedules I through V as set forth in federal or

15 state laws, or federal or commission rules.
16
(e)(1) "Controlled substance analog" means a substance the chemical
17 structure of which is substantially similar to the chemical structure

18 of a controlled substance in Schedule I or II and:
19
(i) that has a stimulant, depressant, or hallucinogenic effect on
20 the central nervous system substantially similar to the stimulant,

21 depressant, or hallucinogenic effect on the central nervous system of a
22 controlled substance included in Schedule I or II; or
23
(ii) with respect to a particular individual, that the individual
24 represents or intends to have a stimulant, depressant, or hallucinogenic

25 effect on the central nervous system substantially similar to the
26 stimulant, depressant, or hallucinogenic effect on the central nervous
27 system of a controlled substance included in Schedule I or II.
28
(2) The term does not include:
29
(i) a controlled substance;
30
(ii) a substance for which there is an approved new drug application;
31
(iii) a substance with respect to which an exemption is in effect
32 for investigational use by a particular person under Section 505 of the

33 federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent
34 conduct with respect to the substance is pursuant to the exemption; or
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(iv) any substance to the extent not intended for human consumption
2 before an exemption takes effect with respect to the substance.

3
(f) "Deliver" or "delivery," means the actual or constructive
4 transfer from one person to another of a substance, whether or not there

5 is an agency relationship.
6
(g) "Department" means the department of health.
(h) "Dispense" means the interpretation of a prescription or order
8 for a controlled substance and, pursuant to that prescription or order,

9 the proper selection, measuring, compounding, labeling, or packaging
10 necessary to prepare that prescription or order for delivery.
11
(i) "Dispenser" means a practitioner who dispenses.
12
(j) "Distribute" means to deliver other than by administering or
13 dispensing a controlled substance.

14
(k) "Distributor" means a person who distributes.
15
(l) "Drug" means (1) a controlled substance recognized as a drug in
16 the official United States pharmacopoeia/national formulary or the

17 official
homeopathic
pharmacopoeia
of
the
United
States,
or
any
18 supplement to them; (2) controlled substances intended for use in the

19 diagnosis, cure, mitigation, treatment, or prevention of disease in
20 individuals or animals; (3) controlled substances (other than food)
21 intended to affect the structure or any function of the body of
22 individuals or animals; and (4) controlled substances intended for use
23 as a component of any article specified in (1), (2), or (3) of this
24 subsection.
The term does not include devices or their components,
25 parts, or accessories.
26
(m) "Drug enforcement administration" means the drug enforcement
27 administration in the United States Department of Justice, or its

28 successor agency.
29
(n) "Electronic communication of prescription information" means
30 the transmission of a prescription or refill authorization for a drug

31 of a practitioner using computer systems.
The term does not include a
32 prescription or refill authorization verbally transmitted by telephone

33 nor a facsimile manually signed by the practitioner.
34
(o) "Immediate precursor" means a substance:

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(1) that the commission has found to be and by rule designates as
2 being the principal compound commonly used, or produced primarily for

3 use, in the manufacture of a controlled substance;
4
(2) that is an immediate chemical intermediary used or likely to be
5 used in the manufacture of a controlled substance; and

6
(3) the control of which is necessary to prevent, curtail, or limit
7 the manufacture of the controlled substance.

8
(p) "Isomer" means an optical isomer, but in subsection (z)(5) of
9 this section, RCW 69.50.204(a) (12) and (34), and 69.50.206(b)(4), the
10 term includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42),
11 and 69.50.210(c) the term includes any positional isomer; and in RCW
12 69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any
13 positional or geometric isomer.
14
(q)
"Lot"
15 concentrates,
means
useable
definite
quantity
marijuana,
or
of
marijuana,
marijuana
marijuana-infused
product
16 identified by a lot number, every portion or package of which is uniform

17 within
recognized
tolerances
for
the
factors
that
appear
in
the
18 labeling.
19
(r) "Lot number" shall identify the licensee by business or trade
20 name and Washington state unified business identifier number, and the
21 date of harvest or processing for each lot of marijuana, marijuana
22 concentrates, useable marijuana, or marijuana-infused product.
23
(s) "Manufacture" means the production, preparation, propagation,
24 compounding, conversion, or processing of a controlled substance, either

25 directly or indirectly or by extraction from substances of natural
26 origin, or independently by means of chemical synthesis, or by a
27 combination of extraction and chemical synthesis, and includes any
28 packaging or repackaging of the substance or labeling or relabeling of
29 its container.
30 packaging,
The term does not include the preparation, compounding,
repackaging,
labeling,
or
relabeling
of
controlled
31 substance:
32
(1)
by
practitioner
as
an
incident
to
the
practitioner's
33 administering or dispensing of a controlled substance in the course of

34 the practitioner's professional practice; or
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(2) by a practitioner, or by the practitioner's authorized agent
2 under the practitioner's supervision, for the purpose of, or as an

3 incident to, research, teaching, or chemical analysis and not for sale.
4
(t)
"Marijuana"
or
"marihuana"
means
all
parts
of
the
plant
5 Cannabis, whether growing or not, with a THC concentration greater than

6 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted
7 from any part of the plant; and every compound, manufacture, salt,
8 derivative, mixture, or preparation of the plant, its seeds or resin.
9 The term does not include the mature stalks of the plant, fiber produced
10 from the stalks, oil or cake made from the seeds of the plant, any other
11 compound, manufacture, salt, derivative, mixture, or preparation of the
12 mature stalks (except the resin extracted therefrom), fiber, oil, or
13 cake, or the sterilized seed of the plant which is incapable of
14 germination.
15
(u) "Marijuana concentrates" means products consisting wholly or in
16 part of the resin extracted from any part of the plant Cannabis and
17 having a THC concentration greater than sixty percent.
18
(v) "Marijuana processor" means a person licensed by the state
19 liquor
((control))
20 marijuana
and
cannabis
concentrates,
useable
board
to
marijuana,
process
and
marijuana
into
marijuana-infused
21 products, package and label marijuana concentrates, useable marijuana,

22 and marijuana-infused products for sale in retail outlets and medical
23 marijuana retail outlets, and sell marijuana concentrates, useable
24 marijuana, and marijuana-infused products at wholesale to marijuana
25 retailers.
26
(w) "Marijuana producer" means a person licensed by the state liquor
27 ((control))
and
cannabis
board
to
produce
and
sell
marijuana
at
28 wholesale to marijuana processors and other marijuana producers.

29
(x)
"Marijuana-infused
products"
means
products
that
contain
30 marijuana or marijuana extracts, are intended for human use, and have a
31 THC concentration greater than 0.3 percent and no greater than sixty
32 percent.
The term "marijuana-infused products" does not include either
33 useable marijuana or marijuana concentrates.

34
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(y) "Marijuana retailer" means a person licensed by the state liquor
2 ((control)) and cannabis board to sell marijuana concentrates, useable

3 marijuana, and marijuana-infused products in a retail outlet.
4
(z) "Narcotic drug" means any of the following, whether produced
5 directly or indirectly by extraction from substances of vegetable

6 origin, or independently by means of chemical synthesis, or by a
7 combination of extraction and chemical synthesis:
8
(1) Opium, opium derivative, and any derivative of opium or opium
9 derivative, including their salts, isomers, and salts of isomers,

10 whenever the existence of the salts, isomers, and salts of isomers is
11 possible within the specific chemical designation.
The term does not
12 include the isoquinoline alkaloids of opium.

13
(2)
Synthetic
opiate
and
any
derivative
of
synthetic
opiate,
14 including their isomers, esters, ethers, salts, and salts of isomers,

15 esters, and ethers, whenever the existence of the isomers, esters,
16 ethers, and salts is possible within the specific chemical designation.
17
(3) Poppy straw and concentrate of poppy straw.
18
(4) Coca leaves, except coca leaves and extracts of coca leaves from
19 which cocaine, ecgonine, and derivatives or ecgonine or their salts have

20 been removed.
21
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
22
(6) Cocaine base.
23
(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer
24 thereof.
25
(8) Any compound, mixture, or preparation containing any quantity
26 of any substance referred to in subparagraphs (1) through (7).

27
(aa) "Opiate" means any substance having an addiction-forming or
28 addiction-sustaining liability similar to morphine or being capable of

29 conversion into a drug having addiction-forming or addiction-sustaining
30 liability.
The term includes opium, substances derived from opium
31 (opium derivatives), and synthetic opiates.
The term does not include,
32 unless specifically designated as controlled under RCW 69.50.201, the

33 dextrorotatory
isomer
of
3-methoxy-n-methylmorphinan
34
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and
its
salts
1 (dextromethorphan).
The term includes the racemic and levorotatory
2 forms of dextromethorphan.
3
(bb) "Opium poppy" means the plant of the species Papaver somniferum
4 L., except its seeds.

5
(cc) "Person" means individual, corporation, business trust, estate,
6 trust,
partnership,
association,
joint
venture,
government,
7 governmental subdivision or agency, or any other legal or commercial

8 entity.
9
(dd) "Poppy straw" means all parts, except the seeds, of the opium
10 poppy, after mowing.

11
(ee) "Practitioner" means:
12
(1) A physician under chapter 18.71 RCW; a physician assistant under
13 chapter 18.71A RCW; an osteopathic physician and surgeon under chapter

14 18.57 RCW; an osteopathic physician assistant under chapter 18.57A RCW
15 who is licensed under RCW 18.57A.020 subject to any limitations in RCW
16 18.57A.040; an optometrist licensed under chapter 18.53 RCW who is
17 certified by the optometry board under RCW 18.53.010 subject to any
18 limitations in RCW 18.53.010; a dentist under chapter 18.32 RCW; a
19 podiatric physician and surgeon under chapter 18.22 RCW; a veterinarian
20 under chapter 18.92 RCW; a registered nurse, advanced registered nurse
21 practitioner, or licensed practical nurse under chapter 18.79 RCW; a
22 naturopathic physician under chapter 18.36A RCW who is licensed under
23 RCW
18.36A.030
subject
to
any
limitations
in
RCW
18.36A.040;
24 pharmacist under chapter 18.64 RCW or a scientific investigator under

25 this chapter, licensed, registered or otherwise permitted insofar as is
26 consistent with those licensing laws to distribute, dispense, conduct
27 research with respect to or administer a controlled substance in the
28 course of their professional practice or research in this state.
29
(2) A pharmacy, hospital or other institution licensed, registered,
30 or otherwise permitted to distribute, dispense, conduct research with

31 respect to or to administer a controlled substance in the course of
32 professional practice or research in this state.
33
(3) A
physician licensed
to
practice medicine and surgery, a
34 physician licensed to practice osteopathic medicine and surgery, a

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1 dentist licensed to practice dentistry, a podiatric physician and

2 surgeon licensed to practice podiatric medicine and surgery, a licensed
3 physician
assistant
or
licensed
osteopathic
physician
assistant
4 specifically approved to prescribe controlled substances by his or her

5 state's medical quality assurance commission or equivalent and his or
6 her supervising physician, an advanced registered nurse practitioner
7 licensed to prescribe controlled substances, or a veterinarian licensed
8 to practice veterinary medicine in any state of the United States.
9
(ff) "Prescription" means an order for controlled substances issued
10 by a practitioner duly authorized by law or rule in the state of

11 Washington to prescribe controlled substances within the scope of his
12 or her professional practice for a legitimate medical purpose.
13
(gg)
"Production"
includes
the
manufacturing,
planting,
14 cultivating, growing, or harvesting of a controlled substance.

15
(hh) "Retail outlet" means a location licensed by the state liquor
16 ((control))
and
cannabis
board
for
the
retail
sale
of
marijuana
17 concentrates, useable marijuana, and marijuana-infused products.

18
(ii) "Secretary" means the secretary of health or the secretary's
19 designee.
20
(jj) "State," unless the context otherwise requires, means a state
21 of the United States, the District of Columbia, the Commonwealth of

22 Puerto Rico, or a territory or insular possession subject to the
23 jurisdiction of the United States.
24
(kk)
"THC
concentration"
means
percent
of
delta-9
25 tetrahydrocannabinol content per dry weight of any part of the plant

26 Cannabis, or per volume or weight of marijuana product, or the combined
27 percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid
28 in any part of the plant Cannabis regardless of moisture content.
29
(ll) "Ultimate user" means an individual who lawfully possesses a
30 controlled substance for the individual's own use or for the use of a
31 member of the individual's household or for administering to an animal
32 owned by the individual or by a member of the individual's household.
33
34
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(mm) "Useable marijuana" means dried marijuana flowers.
The term
2 "useable marijuana" does not include either marijuana-infused products

3 or marijuana concentrates.
4
(nn)
Authorization
card
has
the
meaning
provided
in
RCW
the
meaning
provided
in
RCW
5 69.51A.010.
6
(oo)
Designated
provider
has
7 69.51A.010.
8
(pp) Health care professional has the meaning provided in RCW
9 69.51A.010.
10
(qq) Medical marijuana retail outlet has the meaning provided in
11 RCW 69.51A.010.
12
(rr)
Qualifying
patient
has
the
meaning
provided
in
RCW
13 69.51A.010.
14
(ss) CBD concentration has the meaning provided in RCW 69.51A.010.
15
(tt) Plant has the meaning provided in RCW 69.51A.010.
16
17
Sec. 4.
18 as follows:
19
(1) There
shall be a marijuana producer's license to produce
20 marijuana for sale at wholesale to marijuana processors and other

21 marijuana producers, regulated by the state liquor ((control)) and
22 cannabis
board
and
subject
to
annual
renewal.
The
production,
23 possession, delivery, distribution, and sale of marijuana in accordance

24 with the provisions of chapter 3, Laws of 2013 and the rules adopted to
25 implement and enforce it, by a validly licensed marijuana producer,
26 shall not be a criminal or civil offense under Washington state law.
27 Every marijuana producer's license shall be issued in the name of the
28 applicant, shall specify the location at which the marijuana producer
29 intends to operate, which must be within the state of Washington, and
30 the holder thereof shall not allow any other person to use the license.
31 The application fee for a marijuana producer's license shall be two
32 hundred fifty dollars.
The annual fee for issuance and renewal of a
33 marijuana producer's license shall be one thousand dollars.

34
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A separate
1 license shall be required for each location at which a marijuana producer

2 intends to produce marijuana.
3
(2) There shall be a marijuana processor's license to process,
4 package,
and
label
marijuana
concentrates,
useable
marijuana,
and
5 marijuana-infused products for sale at wholesale to marijuana processors

6 and marijuana retailers, regulated by the state liquor ((control)) and
7 cannabis
board
and
subject
to
annual
renewal.
The
processing,
8 packaging, possession, delivery, distribution, and sale of marijuana,

9 useable
marijuana,
marijuana-infused
products,
and
marijuana
10 concentrates in accordance with the provisions of ((chapter 3, Laws of

11 2013)) this chapter and chapter 69.51A RCW and the rules adopted to
12 implement and enforce ((it)) these chapters, by a validly licensed
13 marijuana processor, shall not be a criminal or civil offense under
14 Washington state law.
Every marijuana processor's license shall be
15 issued in the name of the applicant, shall specify the location at which
16 the licensee intends to operate, which must be within the state of
17 Washington, and the holder thereof shall not allow any other person to
18 use the license. The application fee for a marijuana processor's license
19 shall be two hundred fifty dollars.
The annual fee for issuance and
20 renewal
license shall
21 dollars.
of a
marijuana
processor's
be
one
thousand
A separate license shall be required for each location at
22 which a marijuana processor intends to process marijuana.

23
(3) There shall be a marijuana retailer's license to sell marijuana
24 concentrates,
useable
marijuana,
and
marijuana-infused
products
at
25 retail in retail outlets, regulated by the state liquor ((control)) and

26 cannabis board and subject to annual renewal. The possession, delivery,
27 distribution, and sale of marijuana concentrates, useable marijuana,
28 and marijuana-infused products in accordance with the provisions of
29 ((chapter 3, Laws of 2013)) this chapter and the rules adopted to
30 implement and enforce it, by a validly licensed marijuana retailer,
31 shall not be a criminal or civil offense under Washington state law.
32 Every marijuana retailer's license shall be issued in the name of the
33 applicant, shall specify the location of the retail outlet the licensee
34 intends to operate, which must be within the state of Washington, and
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p.12
1 the holder thereof shall not allow any other person to use the license.
2 The application fee for a marijuana retailer's license shall be two
3 hundred fifty dollars.
The annual fee for issuance and renewal of a
4 marijuana retailer's license shall be one thousand dollars.
A separate
5 license shall be required for each location at which a marijuana retailer

6 intends
to
sell
marijuana
concentrates,
useable
marijuana,
and
7 marijuana-infused products.
8
9
Sec. 5.
RCW 69.50.342 and 2013 c 3 s 9 (Initiative Measure No. 502)
10 are each amended to read as follows:

11
For the purpose of carrying into effect the provisions of chapter
12 3, Laws of 2013 according to their true intent or of supplying any

13 deficiency therein, the state liquor ((control)) and cannabis board may
14 adopt rules not inconsistent with the spirit of chapter 3, Laws of 2013
15 as are deemed necessary or advisable.
Without limiting the generality
16 of the preceding sentence, the state liquor ((control)) and cannabis

17 board is empowered to adopt rules regarding the following:
18
(1)
The
equipment
and
management
of
retail
outlets,
medical
19 marijuana retail outlets, and premises where marijuana is produced or

20 processed, and inspection of the retail outlets, and medical marijuana
21 retail outlets and premises;
22
(2) The books and records to be created and maintained by licensees,
23 the reports to be made thereon to the state liquor ((control)) and

24 cannabis board, and inspection of the books and records;
25
(3) Methods of producing, processing, and packaging marijuana,
26 useable
27 products;
28 quality,
marijuana,
marijuana
conditions
and
29 concentrates,
of
identity
and
concentrates,
sanitation;
of
marijuana,
marijuana-infused
and
and
standards
useable
products
marijuana-infused
of
ingredients,
marijuana,
produced,
marijuana
processed,
30 packaged, or sold by licensees;

31
(4) Security requirements for retail outlets, and medical marijuana
32 retail outlets and premises where marijuana is produced or processed,

33 and safety protocols for licensees and their employees;
34
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p.13
(5)
Screening,
hiring,
training,
and
supervising
employees
of
2 licensees;
3
(6) Retail outlet and medical marijuana retail outlet locations and
4 hours of operation;
5
(7) Labeling requirements and restrictions on advertisement of
6 marijuana, useable marijuana, and marijuana-infused products for sale

7 in retail outlets and medical marijuana retail outlets;
8
(8) Forms to be used for purposes of ((chapter 3, Laws of 2013 ))
9 this chapter and chapter 69.51A RCW or the rules adopted to implement
10 and enforce it, the terms and conditions to be contained in licenses
11 issued under ((chapter 3, Laws of 2013)) this chapter and chapter 69.51A
12 RCW,
and
the
qualifications
for receiving a
license
issued
under
13 ((chapter 3, Laws of 2013)) this chapter and chapter 69.51A RCW,

14 including a criminal history record information check. The state liquor
15 ((control)) and cannabis board may submit any criminal history record
16 information
check
to
the
Washington
state
patrol
and
to
the
17 identification division of the federal bureau of investigation in order

18 that these agencies may search their records for prior arrests and
19 convictions of the individual or individuals who filled out the forms.
20 The
state
liquor
21 fingerprinting
of
((control))
any
and
applicant
cannabis
whose
board
criminal
shall
require
history
record
22 information check is submitted to the federal bureau of investigation;

23
(9) Application, reinstatement, and renewal fees for licenses issued
24 under ((chapter 3, Laws of 2013)) this chapter and chapter 69.51A RCW,
25 and fees for anything done or permitted to be done under the rules
26 adopted to implement and enforce ((chapter 3, Laws of 2013)) this chapter
27 and chapter 69.51A RCW;
28
(10) The manner of giving and serving notices required by ((chapter
29 3, Laws of 2013)) this chapter or chapter 69.51A RCW or rules adopted

30 to implement or enforce ((it)) these chapters;
31
(11) Times and periods when, and the manner, methods, and means by
32 which,
licensees
shall
transport
and
deliver
marijuana,
marijuana
33 concentrates, useable marijuana, and marijuana-infused products within

34 the state;
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(12)
Identification,
seizure,
confiscation,
destruction,
or
2 donation to law enforcement for training purposes of all marijuana,

3 marijuana
concentrates,
useable
marijuana,
and
marijuana-infused
4 products produced, processed, sold, or offered for sale within this

5 state which do not conform in all respects to the standards prescribed
6 by ((chapter 3, Laws of 2013)) this chapter or chapter 69.51A RCW or
7 the rules adopted to implement and enforce it((:
PROVIDED, That nothing
8 in chapter 3, Laws of 2013 shall be construed as authorizing the state

9 liquor control board to seize, confiscate, destroy, or donate to law
10 enforcement marijuana, useable marijuana, or marijuana-infused products
11 produced, processed, sold, offered for sale, or possessed in compliance
12 with the Washington state medical use of cannabis act, chapter 69.51A
13 RCW. ))
14
15 Sec. 6.
RCW 69.50.345 and 2013 c 3 s 10 (Initiative Measure No. 502)
16 are each amended to read as follows:

17
The state liquor ((control)) and cannabis board, subject to the
18 provisions of this chapter ((3, Laws of 2013)), must adopt rules ((by
19 December 1, 2013,)) that establish the procedures and criteria necessary
20 to implement the following:
21
(1) Licensing of marijuana producers, marijuana processors, and
22 marijuana
retailers,
including
prescribing
23 application, reinstatement, and renewal fees.
forms
and
establishing
Application forms for
24 marijuana producers must request the applicant to state whether the

25 applicant intends to produce marijuana for sale by medical marijuana
26 retailers under chapter 69.51A RCW and the amount of or percentage of
27 canopy the applicant intends to commit to growing plants established to
28 be of a THC concentration, CBD concentration, or THC to CBD ratio
29 appropriate for marijuana concentrates, useable marijuana, or marijuana30 infused products sold to qualifying patients;
31
(2) The state liquor and cannabis board must reconsider limits on
32 the amount of square feet permitted to be in production on the effective

33 date of this section and increase the percentage of production space
34 for those marijuana producers who intend to grow plants for medical
Draft
p.15
1 marijuana retailers licensed under chapter 69.51A RCW if the marijuana

2 producer designates the increased production space to plants with a THC
3 to CBD ratio appropriate for marijuana concentrates, useable marijuana,
4 or marijuana-infused products to be sold to qualifying patients.
If
5 current marijuana producers do not use all the increased production

6 space, the liquor and cannabis board may reopen the license period for
7 new marijuana producer license applicants but only to those marijuana
8 producers who agree to grow products for medical marijuana retailers
9 licensed under chapter 69.51A RCW.
Priority in licensing must be given
10 to marijuana producer license applicants who have an application pending

11 on the effective date of this section but who are not yet licensed and
12 then to new marijuana producer license applicants;
13
(3) Determining, in consultation with the office of financial
14 management, the maximum number of retail outlets and medical marijuana

15 retail
outlets that
may
be
licensed
in
each
county,
taking
into
16 consideration:
17
(a) Population distribution;
18
(b) Security and safety issues; ((and))
19
(c)
The
20 marijuana
provision
of
concentrates,
adequate
useable
access
to
marijuana,
licensed
and
sources
of
marijuana-infused
21 products to discourage purchases from the illegal market;

22
(((3))) and
23
(d) The number of medical marijuana retail outlets necessary to meet
24 the medical needs of qualifying patients;

25 (4) Determining the maximum quantity of marijuana a marijuana producer
26 may have on the premises of a licensed location at any time without
27 violating Washington state law;
28
(((4)))
29 marijuana
(5)
Determining
concentrates,
the
useable
maximum
quantities
marijuana,
and
of
marijuana,
marijuana-infused
30 products a marijuana processor may have on the premises of a licensed

31 location at any time without violating Washington state law;
32
(((5)))
33 concentrates,
(6)
Determining
useable
34 marijuana retailer
Draft
the
marijuana,
maximum
and
quantities
of
marijuana-infused
marijuana
products
or medical marijuana retailer may have on the

p.16
1 premises of a retail outlet or medical marijuana retail outlet at any

2 time without violating Washington state law;
3
(((6))) (8) In making the determinations required by subsections
4 (((3))) (2) through (((5))) (6) of this section, the state liquor
5 ((control)) and cannabis board shall take into consideration:
6
(a) Security and safety issues;
(b)
The
provision
of
adequate
access
to
licensed
sources
of
8 marijuana, marijuana concentrates, useable marijuana, and marijuana9 infused products to discourage purchases from the illegal market; and
10
(c) Economies of scale, and their impact on licensees' ability to
11 both comply with regulatory requirements and undercut illegal market

12 prices;
13
(((7))) (9) Determining the nature, form, and capacity of all
14 containers to be used by licensees to contain marijuana, marijuana

15 concentrates, useable marijuana, and marijuana-infused products, and
16 their labeling requirements, to include but not be limited to:
17
(a) The business or trade name and Washington state unified business
18 identifier number of the licensees that grew, processed, and sold the
19 marijuana, marijuana concentrates, useable marijuana, or marijuana20 infused product;
21
(b) Lot numbers of the marijuana, marijuana concentrates, useable
22 marijuana, or marijuana-infused product;

23
(c) THC concentration and CBD concentration of the marijuana,
24 marijuana
concentrates,
useable
marijuana,
or
marijuana-infused
25 product;
26
(d) Medically and scientifically accurate information about the
27 health and safety risks posed by marijuana use; and

28
(e) Language required by RCW 69.04.480;
29
(((8))) (10) In consultation with the department of agriculture and
30 the department of health,

31 concentrates,
useable
establishing classes of marijuana, marijuana

marijuana,
and
marijuana-infused
products
32 according to grade, condition, cannabinoid profile, THC concentration,

33 CBD concentration, or other qualitative measurements deemed appropriate
34 by the state liquor ((control)) and cannabis board;
Draft
p.17
(((9)))
2 restrictions
3 marijuana
(11)
Establishing
reasonable
and
requirements
regarding
concentrates,
useable
time,
place,
advertising
marijuana,
and
and
of
manner
marijuana,
marijuana-infused
4 products that are not inconsistent with the provisions of this chapter
5 ((3, Laws of 2013)), taking into consideration:
6
(a) Federal laws relating to marijuana that are applicable within
7 Washington state;
8
(b) Minimizing exposure of people under twenty-one years of age to
9 the advertising; and

10
(c)
The
inclusion
of
medically
and
scientifically
accurate
11 information about the health and safety risks posed by marijuana use in
12 the advertising;
13
(((10))) (12) Specifying and regulating the time and periods when,
14 and the manner, methods, and means by which, licensees shall transport
15 and deliver marijuana, marijuana concentrates, useable marijuana, and
16 marijuana-infused products within the state;
17
(((11))) (13) In consultation with the department and the department
18 of agriculture, establishing accreditation requirements for testing

19 laboratories used by licensees to demonstrate compliance with standards
20 adopted
by
the
state
liquor
((control))
and
cannabis
board,
and
21 prescribing methods of producing, processing, and packaging marijuana,

22 marijuana
concentrates,
useable
23 products;
conditions
sanitation;
of
marijuana,
and
and
standards
marijuana-infused
of
ingredients,
24 quality, and identity of marijuana, marijuana concentrates, useable

25 marijuana,
and
marijuana-infused
products
produced,
processed,
26 packaged, or sold by licensees;

27
(((12)))
(14)
Specifying
procedures
for
identifying,
seizing,
28 confiscating, destroying, and donating to law enforcement for training

29 purposes all marijuana, marijuana concentrates, useable marijuana, and
30 marijuana-infused products produced, processed, packaged, labeled, or
31 offered for sale in this state that do not conform in all respects to
32 the standards prescribed by this chapter ((3, Laws of 2013)) or the
33 rules of the state liquor ((control)) and cannabis board.
34
Draft
p.18
Sec. 7.
2 as follows:
3
There may be licensed, in no greater number in each of the counties
4 of the state than as the state liquor ((control)) and cannabis board
5 shall deem advisable, retail outlets established for the purpose of
6 making marijuana concentrates, useable marijuana, and marijuana-infused
7 products available for sale to adults aged twenty-one and over.
Retail
8 sale of marijuana concentrates, useable marijuana, and marijuana-infused

9 products in accordance with the provisions of ((chapter 3, Laws of 2013
10 ))this chapter and the rules adopted to implement and enforce it, by a
11 validly licensed marijuana retailer or retail outlet employee, shall
12 not be a criminal or civil offense under Washington state law.
13
Sec. 8.
14
15 as follows:
(1) Retail outlets shall sell no products or services other than
16
17 marijuana concentrates, useable marijuana, marijuana-infused products,

18 or
paraphernalia
intended
for
the
storage
or
use
of
marijuana
19 concentrates, useable marijuana, or marijuana-infused products.

(2) Licensed marijuana retailers shall not employ persons under
20
21 twenty-one years of age or allow persons under twenty-one years of age

22 to enter or remain on the premises of a retail outlet.
(3) Licensed marijuana retailers shall not display any signage in a
23
24 window, on a door, or on the outside of the premises of a retail outlet

25 that is visible to the general public from a public right-of-way, other
26 than a single sign no larger than one thousand six hundred square inches
27 identifying the retail outlet by the licensee's business or trade name.
(4)
28
Licensed
marijuana
retailers
shall
not
display
marijuana
29 concentrates, useable marijuana, or marijuana-infused products in a

30 manner that is visible to the general public from a public right-of31 way.
32
(5) No licensed marijuana retailer or employee of a retail outlet
33 shall open or consume, or allow to be opened or consumed, any marijuana

34
Draft
p.19
1 concentrates, useable marijuana, or marijuana-infused product on the

2 outlet premises.
3
(6) The state liquor ((control)) and cannabis board shall fine a
4 licensee one thousand dollars for each violation of any subsection of

5 this section. Fines collected under this section must be deposited into
6 the dedicated marijuana fund created under RCW 69.50.530.
7
Sec. 9.
RCW 69.50.4013 and 2013 c 3 s 20 (Initiative Measure No.
9 502, approved November 6, 2012) are each amended to read as follows:

(1) It is unlawful for any person to possess a controlled substance
10
11 unless the substance was obtained directly from, or pursuant to, a valid
12 prescription or order of a practitioner while acting in the course of
13 his or her professional practice, or except as otherwise authorized by
14 this chapter.
(2) Except as provided in RCW 69.50.4014, any person who violates
15
16 this section is guilty of a class C felony punishable under chapter

17 9A.20 RCW.
(3) The possession, by a person twenty-one years of age or older,
18
19 of useable marijuana or marijuana-infused products in amounts that do

20 not exceed those set forth in RCW 69.50.360(3) is not a violation of
21 this section, this chapter, or any other provision of Washington state
22 law.
23
(4) The possession by a qualifying patient or designated provider
24 of
marijuana
concentrates,
useable
marijuana,
marijuana-infused
25 products, or plants in accordance with section 13 or 23 of this act is

26 not a violation of this section, this chapter, or any other provision
27 of Washington state law.
28
29
Sec. 10.
RCW 69.51A.005 and 2011 c 181 s 102 are each amended to
30 read as follows:
31
(1) The legislature finds that:
32
(a) There is medical evidence that some patients with terminal or
33 debilitating
medical
conditions
may,
under
their
health
care
34 professional's care, benefit from the medical use of ((cannabis))

Draft
p.20
1 marijuana.
Some of the conditions for which ((cannabis)) marijuana
2 appears to be beneficial include, but are not limited to:

3
(i) Nausea, vomiting, and cachexia associated with cancer, HIV-
4 positive status, AIDS, hepatitis C, anorexia, and their treatments;

5
(ii)
Severe
muscle
spasms
associated
with
multiple
sclerosis,
6 epilepsy, and other seizure and spasticity disorders;

7
(iii) Acute or chronic glaucoma;
(iv) Crohn's disease; and
(v) Some forms of intractable pain.
10
(b) Humanitarian compassion necessitates that the decision to use
11 ((cannabis)) marijuana by patients with terminal or debilitating medical

12 conditions is a personal, individual decision, based upon their health
13 care professional's professional medical judgment and discretion.
14
(2) Therefore, the
legislature intends that, so long
as such
15 activities are in compliance with this chapter:

16
(a)
Qualifying
patients
with
terminal
or
debilitating
medical
17 conditions who, in the judgment of their health care professionals, may

18 benefit from the medical use of ((cannabis)) marijuana, shall not be
19 arrested, prosecuted, or subject to other criminal sanctions or civil
20 consequences under state law based solely on their medical use of
21 ((cannabis)) marijuana, notwithstanding any other provision of law;
22
(b) Persons who act as designated providers to such patients shall
23 also not be arrested, prosecuted, or subject to other criminal sanctions

24 or
civil
consequences
under
state
law,
notwithstanding
any
other
25 provision of law, based solely on their assisting with the medical use
26 of ((cannabis)) marijuana; and
27
(c)
Health
care
professionals
shall
also
not
be
arrested,
28 prosecuted, or subject to other criminal sanctions or civil consequences

29 under
state
law
for
the
proper
authorization
of
medical
use
of
30 ((cannabis)) marijuana by qualifying patients for whom, in the health

31 care
professional's
professional
judgment,
32 ((cannabis)) marijuana may prove beneficial.

33
34
Draft
p.21
the
medical
use
of
(3) Nothing in this chapter establishes the medical necessity or
2 medical appropriateness of ((cannabis)) marijuana for treating terminal

3 or debilitating medical conditions as defined in RCW 69.51A.010.
4
(4) Nothing in this chapter diminishes the authority of correctional
5 agencies and departments, including local governments or jails, to

6 establish a procedure for determining when the use of ((cannabis))
7 marijuana would impact community safety or the effective supervision of
8 those on active supervision for a criminal conviction, nor does it
9 create the right to any accommodation of any medical use of ((cannabis))
10 marijuana in any correctional facility or jail.
11
12
13
Sec. 11.
RCW 69.51A.010 and 2010 c 284 s 2 are each amended to read
14 as follows:
15
The definitions in this section apply throughout this chapter unless
16 the context clearly requires otherwise.

17
(1) "Designated provider" means a person who((:
18
(a))) is ((eighteen)) twenty-one years of age or older((;
19
(b))) and:
20
(a)(i) Is the parent or guardian of a qualifying patient who is
21 under the age of eighteen; or

22
(ii) Has been designated in writing by a qualifying patient to serve
23 as a designated provider ((under this chapter)) for that patient;

24
(((c))) (b) Beginning July 1, 2016, has been entered into the medical
25 marijuana registry as being the designated provider to a qualifying

26 patient and may only provide medical marijuana to that qualifying
27 patient;
28
(c)
Is
prohibited
from
consuming
marijuana
obtained
for
the
29 personal, medical use of the qualifying patient for whom the individual
30 is acting as designated provider; ((and))
31
(d) Is in compliance with this chapter; and
32
(e) Is the designated provider to only one patient at any one time.
33
(2) "Health care professional," for purposes of this chapter only,
34 means
Draft
physician
licensed
under
p.22
chapter
18.71
RCW,
physician
1 assistant licensed under chapter 18.71A RCW, an osteopathic physician

2 licensed under chapter 18.57 RCW, an osteopathic physicians' assistant
3 licensed under chapter 18.57A RCW, a naturopath licensed under chapter
4 18.36A RCW, or an advanced registered nurse practitioner licensed under
5 chapter 18.79 RCW.
6
(3) "Medical use of marijuana" means the manufacture, production,
7 possession,
transportation,
delivery,
ingestion,
application,
or
8 administration of marijuana((, as defined in RCW 69.50.101(q),)) for

9 the exclusive benefit of a qualifying patient in the treatment of his
10 or her terminal or debilitating ((illness)) medical condition.
11
(4) "Qualifying patient" means a person who:
12
(a)(i) Is a patient of a health care professional;
13
(((b))) (ii) Has been diagnosed by that health care professional as
14 having a terminal or debilitating medical condition;

15
(((c))) (iii) Is a resident of the state of Washington at the time
16 of such diagnosis;
17
(((d))) (iv) Has been advised by that health care professional about
18 the risks and benefits of the medical use of marijuana; ((and

19
(e))) (v) Has been advised by that health care professional that
20 ((they)) he or she may benefit from the medical use of marijuana;

21
(vi) Has been entered into the medical marijuana registry; and
22
(vii) Is otherwise in compliance with the terms and conditions
23 established in this chapter.

24
(b) "Qualifying patient" does not include a person who is actively
25 being supervised for a criminal conviction by a corrections agency or

26 department that has determined that the terms of this chapter are
27 inconsistent with and contrary to his or her supervision and all related
28 processes and procedures related to that supervision.
29
(5) Until July 1, 2016, "tamper-resistant paper" means paper that
30 meets one or more of the following industry-recognized features:

31
(a) One or more features designed to prevent copying of the paper;
32
(b)
One
or
more
features
designed
to
33 modification of information on the paper; or

34
Draft
p.23
prevent
the
erasure
or
(c) One or more features designed to prevent the use of counterfeit
2 valid documentation.
3
(6) "Terminal or debilitating medical condition" means a condition
4 severe enough to significantly interfere with the patient's activities

5 of daily living and ability to function, which can be objectively
6 assessed and evaluated and limited to the following:
7
(a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis,
8 epilepsy or other seizure disorder, or spasticity disorders; ((or))

9
(b) Intractable pain, limited for the purpose of this chapter to
10 mean pain unrelieved by standard medical treatments and medications;

11 ((or))
12
(c) Glaucoma, either acute or chronic, limited for the purpose of
13 this chapter to mean increased intraocular pressure unrelieved by

14 standard treatments and medications; ((or))
15
(d)
Crohn's
disease
with
debilitating
symptoms
unrelieved
by
16 standard treatments or medications; ((or))

17
(e)
Hepatitis
with
debilitating
nausea
or
intractable
pain
18 unrelieved by standard treatments or medications; ((or))

19
(f) Diseases, including anorexia, which result in nausea, vomiting,
20 wasting,
appetite
loss,
cramping,
seizures,
muscle
spasms,
or
21 spasticity, when these symptoms are unrelieved by standard treatments

22 or medications; or
23
(g) Any other medical condition duly approved by the Washington
24 state medical quality assurance commission in consultation with the

25 board of osteopathic medicine and surgery as directed in this chapter.
26
(7) Until July 1, 2016, "valid documentation" means:
27
(a) A statement signed and dated by a qualifying patient's health
28 care professional written on tamper-resistant paper, which states that,

29 in the health care professional's professional opinion, the patient may
30 benefit from the medical use of marijuana; and
31
(b) Proof of identity such as a Washington state driver's license
32 or identicard, as defined in RCW 46.20.035.

33
34
Draft
p.24
(8) "Authorization card" means a card issued to qualifying patients
2 whose health care professionals have entered them into the medical
3 marijuana authorization database.
4
(9) CBD means the percent of cannabidiol content per dry weight
5 of any part of the plant Cannabis, or per volume or weight of marijuana

6 product.
7
(10) "Department" means the department of health.
(11) "Marijuana" has the meaning provided in RCW 69.50.101.
(12) "Marijuana concentrates" has the meaning provided in RCW
10 69.50.101.
11
(13)
"Marijuana
processor"
has
the
meaning
provided
in
RCW
12 69.50.101.
13
(14) "Marijuana producer" has the meaning provided in RCW 69.50.101.
14
(15) "Medical Marijuana retailer" means a person licensed by the
15 state liquor and cannabis board to sell marijuana concentrates, useable

16 marijuana, and marijuana-infused products in a medical marijuana retail
17 outlet.
18
(16) "Marijuana-infused products" has the meaning provided in RCW
19 69.50.101.
20
(17) "Medical marijuana authorization database" means the secure
21 and confidential database established in section 15 of this act.

22
(18)
"Plant"
means
marijuana
plant
having
at
least
three
23 distinguishable and distinct leaves, each leaf being at least three

24 centimeters
in
diameter,
and
readily
observable
root
formation
25 consisting of at least two separate and distinct roots, each being at

26 least two centimeters in length.
Multiple stalks emanating from the
27 same root ball or root system is considered part of the same single
28 plant.
29
(19) "Principal care provider" means the health care professional
30 who is designated by a qualifying patient as being the principal care

31 provider for that patient.
32
(20) "Public place" includes streets and alleys of incorporated
33 cities and towns; state or county or township highways or roads;

34 buildings and grounds used for school purposes; public dance halls and
Draft
p.25
1 grounds adjacent thereto; premises where goods and services are offered
2 to the public for retail sale; public buildings, public meeting halls,
3 lobbies, halls and dining rooms of hotels, restaurants, theaters,
4 stores, garages, and filling stations that are open to and are generally
5 used by the public and to which the public is permitted to have
6 unrestricted access; railroad trains, stages, buses, ferries, and other
7 public conveyances of all kinds and character, and the depots, stops,
8 and waiting rooms used in conjunction therewith which are open to
9 unrestricted use and access by the public; publicly owned bathing
10 beaches, parks, or playgrounds; and all other places of like or similar
11 nature to which the general public has unrestricted right of access,
12 and that are generally used by the public.
13
(21) "Medical marijuana retail outlet" means a location licensed by
14 the state liquor and cannabis board for the retail sale of marijuana
15 concentrates,
useable
marijuana,
and
marijuana-infused
products
to
16 qualifying patients and designated providers who hold authorization

17 cards.
18
(22)"THC concentration" has the meaning provided in RCW 69.50.101.
19
(23) "Useable marijuana" has the meaning provided in RCW 69.50.101.
20
21
Sec. 12.
22 read as follows:
23
(1) The following acts do not constitute crimes under state law or
24 unprofessional conduct under chapter 18.130 RCW, and a health care

25 professional may not be arrested, searched, prosecuted, disciplined, or
26 subject to other criminal sanctions or civil consequences or liability
27 under state law, or have real or personal property searched, seized, or
28 forfeited pursuant to state law, notwithstanding any other provision of
29 law as long as the health care professional complies with subsection
30 (2) of this section:
31
(a) Advising a patient about the risks and benefits of medical use
32 of ((cannabis)) marijuana or that the patient may benefit from the

33 medical use of ((cannabis)) marijuana; or
34
Draft
p.26
(b) ((Providing)) Adding a patient meeting the criteria established
2 under RCW 69.51A.010(((26) with valid documentation)) (4) to the medical

3 marijuana
authorization
database,
based
upon
the
health
care
4 professional's assessment of the patient's medical history and current

5 medical condition, ((where such use is)) if the health care professional
6 has complied with this chapter and he or she determines within a
7 professional
standard
of
care
or
in
the
individual
health
care
8 professional's medical judgment the qualifying patient may benefit from

9 medical use of marijuana.
10
(2)(a) ((Until July 1, 2016, A health care professional may only
11 provide a patient with valid documentation authorizing the medical use

12 of cannabis or register the patient with the registry established in
13 section 901
of this act if he or she has a newly initiated or existing
14 documented relationship with the patient, as a primary care provider or

15 a
specialist,
relating
to the diagnosis
and
ongoing treatment or
16 monitoring of the patient's terminal or debilitating medical condition,

17 and only after:))A health care professional may only authorize a patient
18 for the medical use of marijuana by adding the qualifying patient or
19 that
patients
designated
provider
to
the
medical
marijuana
20 authorization database.
21
(b) In order to authorize for the medical use of marijuana under
22 (a) of this subsection, the health care professional must:

23
(i) Have a documented relationship with the patient, as a principal
24 care provider or a specialist, relating to the diagnosis and ongoing

25 treatment or monitoring of the patients terminal or debilitating
26 medical condition;
27
(((i) Completing a))(ii) Complete an in-person physical examination
28 of the patient ((as appropriate, based on the patient's condition and

29 age));
30
(((ii) Documenting )) (iii) Document the terminal or debilitating
31 medical condition of the patient in the patient's medical record and

32 that the patient may benefit from treatment of this condition or its
33 symptoms with medical use of ((cannabis)) marijuana;
34
Draft
p.27
(((iii) Informing)) (iv) Inform the patient of other options for
2 treating the terminal or debilitating medical condition and documenting

3 in the patient's medical record that the patient has received this
4 information; and
5
(((iv) Documenting ))(v) Document in the patient's medical record
6 other measures attempted to treat the terminal or debilitating medical

7 condition that do not involve the medical use of ((cannabis)) marijuana.
8
(((b))) (d) A health care professional shall not:
(i) Except for naturopaths and osteopathic physicians employed by a
10 medical marijuana retailer under section 18(3) of this act, accept,

11 solicit, or offer any form of pecuniary remuneration from or to a
12 ((licensed
13 cannabis
dispenser,
products))
licensed
producer,
or
marijuana
retailer,
licensed
marijuana
processor
of
processor,
or
14 marijuana producer;
15
(ii) Offer a discount or any other thing of value to a qualifying
16 patient who is a customer of, or agrees to be a customer of, a particular

17 ((licensed
dispenser,
licensed
producer,
or
licensed
processor
of
purposes
of
18 cannabis products)) marijuana retailer;

19
(iii)
Examine
or
offer
to
examine
patient
for
20 diagnosing a terminal or debilitating medical condition at a location

21 where ((cannabis)) marijuana is produced, processed, or ((dispensed))
22 sold;
23
(iv) Have a business or practice which consists ((solely)) primarily
24 of authorizing the medical use of ((cannabis)) marijuana.
However, the
25 health care professional's business or practice must have a permanent

26 physical location;
27
(v) Include any statement or reference, visual or otherwise, on the
28 medical use of ((cannabis)) marijuana in any advertisement for his or

29 her business or practice; or
30
(vi) Hold an economic interest in an enterprise that produces,
31 processes, or ((dispenses cannabis)) sells marijuana if the health care

32 professional authorizes the medical use of ((cannabis)) marijuana.
33
(((3) A violation of any provision of subsection (2) of this section
34 constitutes unprofessional conduct under chapter 18.130 RCW.))

Draft
p.28
NEW SECTION.
Sec. 13.
A new section is added to chapter 69.51A
2 RCW to read as follows:

3
(1) As part of adding a qualifying patient or designated provider
4 in
the
medical
marijuana
authorization
database,
the
health
care
5 professional may include recommendations on the amount of marijuana that

6 is likely needed by the qualifying patient for his or her medical needs
7 and
in
accordance
with
subsection
(2)
of
this
section.
If
no
8 recommendations are included when the qualifying patient or designated

9 provider is added to the database, the qualifying patient or designated
10 provider may purchase at a medical marijuana retailer a combination of
11 the following:
Three ounces of useable marijuana; forty-eight ounces
12 of marijuana-infused product in solid form; two hundred sixteen ounces

13 of marijuana-infused product in liquid form; or twenty-one grams of
14 marijuana concentrates.
The qualifying patient or designated provider
15 may also grow, in his or her domicile, up to six plants for the personal
16 medical use of the qualifying patient.
If plants are grown for the
17 qualifying patient, the patient or designated provider may possess as

18 much useable marijuana as can be produced by three plants or by the
19 number of plants for which the patient or provider is authorized under
20 subsection (2) of this section.
21
(2) If a health care professional determines that the medical needs
22 of a patient exceed the amounts provided for in subsection (1) of this

23 section, the health care professional may recommend a greater amount of
24 useable marijuana or plants for the personal medical use of the patient
25 but not to exceed eight ounces of useable marijuana or fifteen plants.
26 This amount must be entered into the medical marijuana authorization
27 database by the authorizing health care professional.
28
29
NEW SECTION.
Sec. 14.

31
(1) Health care professionals may authorize the medical use of
32 marijuana for qualifying patients who are under the age of eighteen if:
33
(a) The minor's parent or guardian participates in the minor's
34 treatment and agrees to the medical use of marijuana by the minor;

Draft
p.29
(b) The parent or guardian acts as the designated provider for the
2 minor and has sole control over the minor's marijuana.
However, the
3 minor may possess up to the amount of marijuana that is necessary for

4 his or her next dose; and
5
(c) The minor may not grow plants or purchase marijuana from a
6 medical marijuana retailer.

7
(2) A health care professional who authorizes the medical use of
8 marijuana by a minor must do so as part of the course of treatment of

9 the minor's terminal or debilitating medical condition.
If authorizing
10 a minor for the medical use of marijuana, the health care professional
11 must:
12
(a) Consult with other health care providers involved in the child's
13 treatment,
as
medically
indicated,
before
authorization
or
14 reauthorization of the medical use of marijuana;

15
(b) Reexamine the minor at least once a year or more frequently as
16 medically indicated.
17
The reexamination must:
(i) Determine that the minor continues to have a terminal or
18 debilitating medical condition and that the condition benefits from the
19 medical use of marijuana; and
20
(ii) Include a follow-up discussion with the minor's parent or
21 guardian to ensure the parent or guardian continues to participate in

22 the treatment of the minor;
23
(c) Enter both the minor and the minor's parent or guardian who is
24 acting as the designated provider in the medical marijuana authorization

25 database.
26
27
NEW SECTION.
Sec. 15.

29
(1) By July 1, 2016, the department must adopt rules for the
30 creation, implementation, maintenance, and timely upgrading of a secure

31 and confidential medical marijuana authorization database that allows:
32
(a) A health care professional to add a qualifying patient or
33 designated provider and include the amount of marijuana concentrates,

34
Draft
p.30
1 useable marijuana, marijuana-infused products, or plants for which the

2 qualifying patient is authorized under section 13 of this act;
3
(b)
Persons
authorized
to
prescribe
or
dispense
controlled
4 substances to access information on their patients for the purpose of

5 providing medical or pharmaceutical care for their patients;
6
(c) A qualifying patient or designated provider to request and
7 receive his or her own information;

8
(d)
Appropriate
9 prosecutorial
local,
officials
state,
who
are
and
federal
engaged
in
law
bona
enforcement
fide
or
specific
10 investigation of suspected marijuana-related activity that is illegal

11 under Washington state law to confirm the validity of the authorization
12 card of a qualifying patient or designated provider;
13
(e) A medical marijuana retailer to confirm the validity of the
14 authorization card of a qualifying patient or designated provider;

15
(f) The department
of
revenue to
verify tax
exemptions under
16 chapters 82.08 and 82.12 RCW;

17
(g) The department and the health care professional's disciplining
18 authorities to monitor authorizations and ensure compliance with this

19 chapter by their licensees; and
20
(h) Authorizations to expire one year after entry into the medical
21 marijuana authorization database.

22
(2) A qualifying patient and his or her designated provider, if any,
23 must be placed in the medical marijuana authorization database by the

24 qualifying patient's health care professional.
After a qualifying
25 patient or designated provider is placed in the medical marijuana

26 authorization database, he or she must be provided with an authorization
27 card that contains identifiers generated by the department and developed
28 in rule and that is issued by the authorizing health care professional
29 in accordance with department rules.
30
(4) The authorization card must be developed by the department and
31 include:
32
(a) A randomly generated and unique identifying number;
33
(b) For designated providers, the unique identifying number of the
34 qualifying patient whom the provider is assisting;

Draft
p.31
(c) A photograph of the qualifying patient or designated provider's
2 face taken by the authorizing health care professional in accordance

3 with rules adopted by the department;
4
(d)
The
amount
of
marijuana
concentrates,
useable
marijuana,
5 marijuana-infused products, or plants for which the qualifying patient

6 is authorized under section 13 or 23 of this act;
7
(e) The effective date and expiration date of the authorization
8 card;
9
(f) The name of the health care professional who authorized the
10 qualifying patient or designated provider; and

11
(g) For the authorization card, additional security features as
12 necessary to ensure its validity.

13
(5) Authorization cards are valid for one year from the date the
14 health care professional enters the qualifying patient or designated

15 provider in the medical marijuana authorization database.
Qualifying
16 patients may not be reentered into the medical marijuana authorization

17 database until they have been reexamined by a health care professional
18 and determined to meet the definition of qualifying patient.
After
19 reexamination, the health care professional must reenter the qualifying

20 patient or designated provider into the medical marijuana authorization
21 system and a new authorization card will then be issued in accordance
22 with department rules.
The department must adopt rules on replacing
23 lost or stolen authorization cards.

24
(6) The department must adopt rules for removing qualifying patients
25 and
designated
providers
from
the
medical
marijuana
authorization
26 database upon expiration of the authorization card as well as a method

27 for permitting qualifying patients and designated providers to remove
28 themselves from the medical marijuana authorization database
before
29 expiration and for health care professionals to remove qualifying

30 patients
and
designated
providers
from
the
medical
marijuana
31 authorization database if the patient or provider no longer qualifies

32 for the medical use of marijuana.
The department must retain database
33 records for at least five calendar years to permit the state liquor and
34
Draft
p.32
1 cannabis board and the department of revenue to verify eligibility for

2 tax exemptions.
3
(7)
During
development
of
the
medical
marijuana
authorization
4 database, the department of health shall consult with stakeholders and

5 persons with relevant expertise to include, but not be limited to,
6 qualifying patients, designated providers, health care professionals,
7 state
and
8 Washington
local
law
computer
enforcement
science
and
agencies,
and
engineering
the
University
security
and
of
privacy
9 research lab.
10
(8) The medical marijuana authorization database must meet the
11 following requirements:
12
(a) Any personally identifiable information included in the database
13 must be nonreversible, pursuant to definitions and standards set forth

14 by the national institute of standards and technology;
15
(b) Any personally identifiable information included in the database
16 must not be susceptible to linkage by use of data external to the

17 database;
18
(c) The database must incorporate current best differential privacy
19 practices, allowing for maximum accuracy of database queries while

20 minimizing
the
chances
of
identifying
the
personally
identifiable
21 information included therein; and

22
(d) The database must be upgradable and updated in a timely fashion
23 to keep current with state of the art privacy and security standards
24 and practices.
25
(9)(a) Personally identifiable information of qualifying patients
26 and designated providers included in the medical marijuana authorization

27 database is confidential and exempt from public disclosure, inspection,
28 or copying under chapter 42.56 RCW.
29
(b) Information contained in the medical marijuana authorization
30 database
may
31 identifying
be
released
information
in
aggregate
redacted,
for
form,
the
with
purpose
all
of
32 analysis and oversight of agency performance and actions.

33
34
Draft
p.33
personally
statistical
NEW SECTION.
Sec. 16.
A new section is added to chapter 42.56 RCW
2 to read as follows:
3
Records in the medical marijuana authorization database established
4 in
section
15
of
this
act
containing
names
and
other
personally
5 identifiable information of qualifying patients and designated providers

6 are exempt from disclosure under this chapter.
7
8
NEW SECTION.
Sec. 17.

10
(1) It is unlawful for a person knowingly or intentionally:
11
(a) To access the medical marijuana authorization database for any
12 reason not authorized under section 15 of this act;

13
(b) To disclose any information received from the medical marijuana
14 authorization database in violation of section 15 of this act including,

15 but not limited to, qualifying patient or designated provider names,
16 addresses, or amount of marijuana for which they are authorized;
17
(c)
To
produce
an
authorization
card
or
to
tamper
with
an
18 authorization card for the purpose of having it accepted by a medical

19 marijuana retailer in order to purchase marijuana as a qualifying
20 patient or designated provider or to grow marijuana plants in accordance
21 with section 13 or 23 of this act;
22
(d) If a person is a designated provider to a qualifying patient,
23 to sell, donate, or otherwise use the marijuana produced or obtained

24 for the qualifying patient for the designated provider's own personal
25 use or benefit; or
26
(e) If the person is a qualifying patient, to sell, donate, or
27 otherwise supply marijuana produced or obtained by the qualifying

28 patient to another person.
29
(2) A person who violates this section is guilty of a class C felony
30 and upon conviction may be imprisoned for not more than two years, fined
31 not more than two thousand dollars, or both.
32
33
34
Draft
p.34
A new section is added to chapter 69.51A RCW
3
(1) There shall be a medical marijuana retailer's license to sell
4 marijuana
concentrates,
useable
marijuana,
and
marijuana-infused
5 products at retail in medical marijuana retail outlets, regulated by

6 the state liquor and cannabis board and subject to annual renewal.
The
7 possession, delivery, distribution, and sale of marijuana concentrates,

8 useable marijuana, and marijuana-infused products in accordance with
9 the provisions of this chapter and chapter 69.50 RCW and the rules
10 adopted to implement and enforce it, by a validly licensed medical
11 marijuana retailer, shall not be a criminal or civil offense under
12 Washington state law.
Every medical marijuana retailer's license shall
13 be issued in the name of the applicant, shall specify the location of

14 the retail outlet the licensee intends to operate, which must be within
15 the state of Washington, and the holder thereof shall not allow any
16 other person to use the license.
The application fee for a medical
17 marijuana retailer's license shall be two hundred fifty dollars.
The
18 annual fee for issuance and renewal of a medical marijuana retailer's

19 license shall be one thousand dollars.
A separate license shall be
20 required for each location at which a medical marijuana retailer intends

21 to sell marijuana concentrates, useable marijuana, and marijuana-infused
22 products.
23
(2)(a) Medical marijuana retailers may not authorize the medical
24 use of marijuana for qualifying patients at any medical marijuana retail

25 outlet or permit health care professionals to authorize the medical use
26 of marijuana for qualifying patients at any medical marijuana retail
27 outlet.
28
(b) Medical marijuana retailers must carry marijuana concentrates,
29 useable
marijuana,
and
marijuana-infused
products
with
CBD
30 concentration and THC to CBD ratio identified by the department of

31 health under subsection (5) of this section.
32
(c) Medical marijuana retailers may not use labels or market
33 marijuana
concentrates,
useable
34
Draft
p.35
marijuana,
or
marijuana-infused
1 products in a way that make them intentionally attractive to minors or

2 recreational users.
3
(d) Medical marijuana retailers must keep copies of the qualifying
4 patients
or
designated
providers
authorization
card,
or
keep
5 equivalent records as required by rule of the liquor and cannabis board

6 or department of revenue to document the validity of tax exempt sales
7 under RCW 69.50.535.
8
(3) The medical marijuana retailer must ensure that during retail
9 hours a naturopath or an osteopathic physician is available on site of

10 the medical marijuana retail outlet to consult with qualifying patients
11 or designated providers.
The naturopath or osteopathic physician may
12 identify the strains, varieties, THC concentration, CBD concentration,

13 and THC to CBD ratios of marijuana concentrates, useable marijuana, and
14 marijuana-infused products, available for sale when assisting qualifying
15 patients and designated providers at a medical marijuana retail outlet.
16 The naturopath or osteopathic physician must be employed by the medical
17 marijuana retailer and may receive no compensation other than a salary.
18 The naturopath or osteopathic physician may not authorize the medical
19 use of marijuana for qualifying patients while on site.
20
(4) A medical marijuana retailer may sell or provide at no charge
21 products with a THC concentration of 0.3 percent or less to qualifying

22 patients or designated providers who possess authorization cards.
23
(5) The department of health, in conjunction with the liquor and
24 cannabis
board,
must
adopt
rules
on
requirements
for
marijuana
25 concentrates, useable marijuana, and marijuana-infused products that

26 may be sold to qualifying patients at a medical marijuana retail outlet.
27 These rules must include:
28
(a) THC concentration, CBD concentration, and THC to CBD ratios
29 appropriate for marijuana concentrates, useable marijuana, or marijuana30 infused products sold to qualifying patients;
31
(b) Labeling requirements including that the labels attached to
32 marijuana
concentrates,
useable
marijuana,
or
marijuana-infused
33 products contain THC concentration, CBD concentration, and THC to CBD

34 ratios;
Draft
p.36
(c) The number and type of such products that must be offered at
2 medical marijuana retail outlets; and

3
(d) Other product requirements the department of health deems
4 necessary to address the medical needs of qualifying patients.

5
(6) A medical marijuana retailer may consult the medical marijuana
6 authorization database for the sole purpose of confirming the validity

7 of qualifying patient or designated provider authorization cards.
8
9
11
There may be licensed, in no greater number in each of the counties
12 of the state than as the state liquor and cannabis board shall deem
13 advisable, medical marijuana retail outlets established for the purpose
14 of making marijuana concentrates, useable marijuana, and marijuana15 infused products available for sale to qualifying patients or designated
16 providers
who
17 concentrates,
hold
authorization
useable
marijuana,
cards.
and
Retail
sale
of
marijuana-infused
marijuana
products
in
18 accordance with the provisions of this chapter and the rules adopted to
19 implement and enforce it, by a medical marijuana retailer or medical
20 marijuana retail outlet employee, shall not be a criminal or civil
21 offense under Washington state law.
22
23
25
(1) Medical marijuana retail outlets shall sell no products or
26 services
other
than
marijuana
concentrates,
useable
marijuana,
27 marijuana-infused products, products with a THC concentration of 0.3

28 percent or less, or paraphernalia intended for the storage or use of
29 marijuana
30 products.
concentrates,
Medical
useable
marijuana
marijuana,
retail
outlets
or
marijuana-infused
shall
only
sell
to
31 qualifying patients or designated providers.

32
(2) Medical marijuana retailers shall not employ persons under
33 twenty-one years of age. Qualifying patients who are eighteen to twenty34 one years of age and hold authorization cards may enter or remain on
Draft
p.37
Commented [BK1]: Do you want to limit the

sales of medical marijuana retailers to
patients and providers?
1 the premises of a medical marijuana retail outlet. Qualifying patients

2 who are under the age of eighteen may enter or remain on the premises
3 of a medical marijuana retail outlet if they are accompanied by their
4 parent or guard who also holds an authorization card.
5
(3) Medical marijuana retailers shall not display any signage in a
6 window, on a door, or on the outside of the premises of a medical

7 marijuana retail outlet that is visible to the general public from a
8 public right-of-way, other than a single sign no larger than one thousand
9 six
hundred
square
inches
identifying
the
retail
outlet
by
the
10 licensee's business or trade name. The liquor and cannabis board shall
11 adopt rules establishing a symbol that medical marijuana retailers may
12 use on signage to indicate they possess a medical marijuana retail
13 license.
14
(4)
Medical
marijuana
retailers
shall
not
display
marijuana
15 concentrates, useable marijuana, or marijuana-infused products in a

16 manner that is visible to the general public from a public right-of17 way.
18
(5) No medical marijuana retailer or employee of a medical marijuana
19 retail outlet shall open or consume, or allow to be opened or consumed,

20 any marijuana concentrates, useable marijuana, or marijuana-infused
21 product on the outlet premises.
22
(6) The liquor and cannabis board shall fine a licensee one thousand
23 dollars for each violation of any subsection of this section.
Fines
24 collected under this section must be deposited into the dedicated

25 marijuana fund created under RCW 69.50.530.
26
27
29
The following acts, when performed by a validly licensed medical
30 marijuana retailer or employee of a validly licensed medical marijuana

31 retail outlet in compliance with rules adopted by the state liquor
32 control board to implement and enforce chapter 69.50 RCW and this
33 chapter,
shall
not
constitute
criminal
34 Washington state law:

Draft
p.38
or
civil
offenses
under
(1)
Purchase
2 marijuana,
or
and
receipt
of
marijuana-infused
marijuana
products
concentrates,
that
have
been
useable
properly
3 packaged and labeled from a marijuana processor validly licensed under

4 chapter 69.50 RCW;
5
(2) Possession of quantities of marijuana concentrates, useable
6 marijuana, or marijuana-infused products that do not exceed the maximum

7 amounts established by the state liquor and cannabis board under RCW
8 69.50.345(5); and
9
(3) Delivery, distribution, and sale, on the premises of a medical
10 marijuana retail outlet, of any combination of the following amounts of

11 marijuana concentrates, useable marijuana, or marijuana-infused product
12 to a qualifying patient holding an authorization card or a designated
13 provider holding an authorization card:
14
(a) Three ounces of useable marijuana or as much useable marijuana
15 as is indicated on the authorization card of the patient or provider;

16
(b) Forty-eight ounces of marijuana-infused product in solid form;
17
(c) Two hundred sixteen ounces of marijuana-infused product in
18 liquid form; or
19
(d) Twenty-one grams of marijuana concentrates.
20
21
Sec. 22.
22 read as follows:
23
The medical use of ((cannabis)) marijuana in accordance with the
24 terms and conditions of this chapter does not constitute a crime and a
25 qualifying patient or designated provider in compliance with the terms
26 and conditions of this chapter may not be arrested, prosecuted, or
27 subject
to
other
criminal
sanctions
or
civil
consequences,
for
28 possession, manufacture, or delivery of, or for possession with intent

29 to manufacture or deliver, ((cannabis)) marijuana under state law, or
30 have real or personal property seized or forfeited for possession,
31 manufacture,
or
delivery
of,
or
for
possession
with
intent
to
32 manufacture or deliver, ((cannabis)) marijuana under state law, and

33 investigating ((peace)) law enforcement officers and ((law enforcement))
34
Draft
p.39
1 agencies may not be held civilly liable for failure to seize ((cannabis))
2 marijuana in this circumstance, if:
3
(1)(a)(i) The qualifying patient or designated provider holds a
4 valid authorization card and possesses no more than ((fifteen cannabis

5 plants and:
6
(i) No more than twenty-four ounces of useable cannabis;
(ii) No more cannabis product than what could reasonably be produced
8 with no more than twenty-four ounces of useable cannabis; or

9
(iii) A combination of useable cannabis and cannabis product that
10 does not exceed a combined total representing possession and processing

11 of no more than twenty-four ounces of useable cannabis)) the amount of
12 marijuana concentrates, useable marijuana, plants, or marijuana-infused
13 products authorized under section 13 or 23 of this act.
14
(((b))) (ii) If a person is both a qualifying patient and a
15 designated provider for another qualifying patient, the person may

16 possess no more than twice the amounts described in (((a) of this
17 subsection)) section 13 of this act, whether the plants, ((useable
18 cannabis,
and
cannabis
product))
marijuana
concentrates,
useable
19 marijuana, or marijuana-infused products are possessed individually or

20 in combination between the qualifying patient and his or her designated
21 provider;
22
(((2))) (b) The qualifying patient or designated provider presents
23 his or her ((proof of registration with the department of health,))

24 authorization
card
to
any
((peace))
law
enforcement
officer
who
25 questions the patient or provider regarding his or her medical use of

26 ((cannabis)) marijuana;
27
(((3))) (c) The qualifying patient or designated provider keeps a
28 copy of his or her ((proof of registration with the registry established

29 in section 901 of this act)) authorization card and the qualifying
30 patient or designated provider's contact information posted prominently
31 next to any ((cannabis)) plants, ((cannabis)) marijuana concentrates,
32 marijuana-infused products, or useable ((cannabis)) marijuana located
33 at his or her residence;
34
Draft
p.40
(((4))) (d) The investigating ((peace)) law enforcement officer does
2 not possess evidence that:

3
(((a))) (i) The designated provider has converted ((cannabis))
4 marijuana produced or obtained for the qualifying patient for his or

5 her own personal use or benefit; or
6
(((b)))
(ii)
The
qualifying
patient
((has
converted
cannabis
7 produced or obtained for his or her own medical use to the qualifying
8 patient's personal, nonmedical use or benefit)) sold, donated, or
9 otherwise supplied marijuana to another person; and
10
(((5) The investigating peace officer does not possess evidence
11 that)) (e) The designated provider has served as a designated provider

12 to more than one qualifying patient within a fifteen-day period((; and
13
(6) )); or
14
(2) The ((investigating peace officer has not observed evidence of
15 any of the circumstances identified in section 901(4) of this act))

16 qualifying patient or designated provider participates in a cooperative
17 as provided in section 23 of this act.
18
19
NEW SECTION.
Sec. 23.

21
(1)
Qualifying
patients
or
designated
providers
may
form
22 cooperative and share responsibility for acquiring and supplying the

23 resources needed to produce and process marijuana only for the medical
24 use of members of the cooperative.
No more than four people may become
25 members of the cooperative under this section and all members must hold
26 valid authorization cards.
27
(2) The location of the cooperative must be registered with the
28 state liquor and cannabis board and this is the only location where
29 cooperative members may grow or process marijuana.
This registration
30 must include the names of all participating members and copies of each
31 participant's
authorization
card.
Only
qualifying
patients
or
32 designated providers registered with the state liquor and cannabis board
33 in association with the location may participate in growing or receive
34 useable marijuana or marijuana-infused products grown at that location.
Draft
p.41
(3) If a qualifying patient or designated provider no longer
2 participates in growing at the location, he or she must notify the state

3 liquor and cannabis board within fifteen days of the date the qualifying
4 patient or designated provider ceases participation.
The state liquor
5 and cannabis board must remove his or her name from connection to the
6 cooperative.
Additional qualifying patients or designated providers
7 may not join the cooperative until fifteen days have passed since the
8 date
on which
the
last qualifying
patient or designated provider
9 notifies the state liquor and cannabis board that he or she no longer
10 participates in that cooperative.
11
(4) Qualifying patients or designated providers who grow plants
12 under this section:

13
(a) May grow up to the total amount of plants for which each
14 participating member is authorized on their authorization cards.
At
15 the location, the qualifying patients or designated providers may

16 possess no more useable marijuana than what can be produced with the
17 number of plants permitted under this subsection;
18
(b)
Must
provide
assistance
in
growing
plants.
monetary
19 contribution or donation is not to be considered assistance under this

20 section.
21
Participants must provide labor in order to participate; and
(c) May not sell, donate, or otherwise provide marijuana, marijuana
22 concentrates, useable marijuana, or marijuana-infused products to a

23 person who is not participating under this section.
24
(5) The location of the cooperative must be the domicile of one of
25 the participants.
26 parcel.
Only one cooperative may be located per property tax
A copy of each participant's authorization card must be kept
27 at the location at all times.

28
(6) The state liquor and cannabis board may adopt rules to implement
29 this section, including any security requirements necessary to ensure

30 the safety of the cooperative and to reduce the risk of diversion from
31 the cooperative.
32
(7) The state liquor and cannabis board may inspect a cooperative
33 registered under this section to ensure members are in compliance with

34
Draft
p.42
1 this section.
The state liquor and cannabis board must adopt rules on
2 reasonable inspection hours and reasons for inspections.

3
4
Sec. 24.
5 read as follows:
6 (1) A
qualifying
7 ((cannabis))
patient
plants,
or
designated
marijuana
provider
concentrates,
in
possession of
useable
((cannabis))
8 marijuana, or ((cannabis)) marijuana-infused products exceeding the

9 limits set forth in ((RCW 69.51A.040(1))) section 13 or 23 of this act
10 but otherwise in compliance with all other terms and conditions of this
11 chapter may establish an affirmative defense to charges of violations
12 of state law relating to ((cannabis)) marijuana through proof at trial,
13 by a preponderance of the evidence, that the qualifying patient's
14 necessary
medical
use
exceeds
the
amounts
set
forth
in
RCW
15 69.51A.040(((1))).
16
(2) An investigating ((peace)) law enforcement officer may seize
17 ((cannabis))
plants,
marijuana
concentrates,
useable
((cannabis))
18 marijuana, or ((cannabis)) marijuana-infused products exceeding the

19 amounts set forth in ((RCW 69.51A.040(1):
20 or 23 of this act.
PROVIDED, That)) section 13
In the case of ((cannabis)) plants, the qualifying
21 patient or designated provider shall be allowed to select the plants

22 that will remain at the location.
The officer and his or her law
23 enforcement agency may not be held civilly liable for failure to seize
24 ((cannabis)) marijuana in this circumstance.
25
26
Sec. 25.
27 read as follows:
28
(1)(a) The arrest and prosecution protections established in RCW
29 69.51A.040 may not be asserted in a supervision revocation or violation

30 hearing by a person who is supervised by a corrections agency or
31 department, including local governments or jails, that has determined
32 that the terms of this section are inconsistent with and contrary to
33 his or her supervision.
34
Draft
p.43
(b) The affirmative defenses established in RCW ((69.51A.043,))
2 69.51A.045((, 69.51A.047, and section 407 of this act)) may not be

3 asserted in a supervision revocation or violation hearing by a person
4 who is supervised by a corrections agency or department, including local
5 governments or jails, that has determined that the terms of this section
6 are inconsistent with and contrary to his or her supervision.
7
(2)
((The
provisions
of))
RCW
69.51A.040((,
69.51A.085,
and
8 69.51A.025 do)) does not apply to a person who is supervised for a

9 criminal conviction by a corrections agency or department, including
10 local governments or jails, that has determined that the terms of this
11 chapter are inconsistent with and contrary to his or her supervision.
12
(((3) A person may not be licensed as a licensed producer, licensed
13 processor of cannabis products, or a licensed dispenser under section

14 601, 602, or 701 of this act if he or she is supervised for a criminal
15 conviction by a corrections agency or department, including local
16 governments or jails, that has determined that licensure is inconsistent
17 with and contrary to his or her supervision.))
18
19
Sec. 26.
20 read as follows:
21
(1) It shall be a class 3 civil infraction to use or display medical
22 ((cannabis)) marijuana in a manner or place which is open to the view

23 of the general public.
24
(2) Nothing in this chapter establishes a right of care as a covered
25 benefit or requires any state purchased health care as defined in RCW

26 41.05.011 or other health carrier or health plan as defined in Title 48
27 RCW to be liable for any claim for reimbursement for the medical use of
28 ((cannabis)) marijuana. Such entities may enact coverage or noncoverage
29 criteria or related policies for payment or nonpayment of medical
30 ((cannabis)) marijuana in their sole discretion.
31
(3) Nothing in this chapter requires any health care professional
32 to authorize the medical use of ((cannabis)) marijuana for a patient.

33
(4) Nothing in this chapter requires any accommodation of any on-
34 site medical use of ((cannabis)) marijuana in any place of employment,

Draft
p.44
1 in any school bus or on any school grounds, in any youth center, in any
2 correctional facility, or smoking ((cannabis)) marijuana in any public
3 place or hotel or motel.
However, a school may permit a minor who meets
4 the requirements of section 14 of this act to consume medical marijuana

5 on school grounds.
Such use must be in accordance with school policy
6 relating to medication use on school grounds.

7
(5) Nothing in this chapter authorizes the possession or use of
8 marijuana, marijuana concentrates, useable marijuana, or marijuana9 infused products on federal property.
10
(6)
Nothing
in
this
chapter
authorizes
the
use
of
medical
11 ((cannabis)) marijuana by any person who is subject to the Washington

12 code of military justice in chapter 38.38 RCW.
13
(((6)))
(7)
Employers
may
establish
drug-free
work
policies.
14 Nothing in this chapter requires an accommodation for the medical use

15 of ((cannabis)) marijuana if an employer has a drug-free workplace.
16
(((7) It is a class C felony to fraudulently produce any record
17 purporting to be, or tamper with the content of any record for the
18 purpose
of
having
it
accepted
as,
valid
documentation
under
RCW
19 69.51A.010(32)(a), or to backdate such documentation to a time earlier

20 than its actual date of execution.
21
(8) No person shall be entitled to claim the protection from arrest
22 and prosecution under RCW 69.51A.040 ((or the affirmative defense under
23 RCW
69.51A.043)) for
engaging
in
the
medical
use
of
((cannabis))
24 marijuana in a way that endangers the health or well-being of any person

25 through the use of a motorized vehicle on a street, road, or highway,
26 including violations of RCW 46.61.502 or 46.61.504, or equivalent local
27 ordinances.
28
29
Sec. 27.
RCW 69.51A.070 and 2007 c 371 s 7 are each amended to read
30 as follows:
31
The
Washington
state
medical
quality
assurance
commission
in
32 consultation with the board of osteopathic medicine and surgery, or

33 other appropriate agency as designated by the governor, shall accept
34 for consideration petitions submitted to add terminal or debilitating
Draft
p.45
1 conditions to those included in this chapter.
In considering such
2 petitions, the Washington state medical quality assurance commission in

3 consultation with the board of osteopathic medicine and surgery shall
4 include public notice of, and an opportunity to comment in a public
5 hearing upon, such petitions.
The Washington state medical quality
6 assurance commission in consultation with the board of osteopathic

7 medicine and surgery may make a preliminary finding of good cause before
8 the public hearing and shall, after hearing, approve or deny such
9 petitions within ((one)) two hundred ((eighty)) ten days of submission.
10 The approval or denial of such a petition shall be considered a final
11 agency action, subject to judicial review.
12
13
14
Sec. 28.
15 read as follows:
16
(1) Qualifying patients may create and participate in collective
17 gardens for the purpose of producing, processing, transporting, and

18 delivering cannabis for medical use subject to the following conditions:
19
(a) No more than ten qualifying patients may participate in a single
20 collective garden at any time;

21
(b) No person under the age of twenty-one may participate, in a
22 collective garden or receive marijuana that was produced, processed,

23 transported, or delivered through a collective garden;
24
(c) A collective garden may contain no more than fifteen plants per
25 patient up to a total of forty-five plants;

26
(((c))) (d) A collective garden may contain no more than twenty-
27 four ounces of useable cannabis per patient up to a total of seventy28 two ounces of useable cannabis;
29
(((d))) (e) A copy of each qualifying patient's valid documentation
30 or ((proof of registration with the registry established in *section

31 901 of this act)) authorization card, including a copy of the patient's
32 proof of identity, must be available at all times on the premises of
33 the collective garden; and
34
Draft
p.46
(((e))) (f) No useable cannabis from the collective garden is
2 delivered
to
anyone
other
than
one
of
the
qualifying
patients
3 participating in the collective garden.

4
(2) For purposes of this section, the creation of a "collective
5 garden" means qualifying patients sharing responsibility for acquiring

6 and supplying the resources required to produce and process cannabis
7 for medical use such as, for example, a location for a collective garden;
8 equipment, supplies, and labor necessary to plant, grow, and harvest
9 cannabis; cannabis plants, seeds, and cuttings; and equipment, supplies,
10 and labor necessary for proper construction, plumbing, wiring, and
11 ventilation of a garden of cannabis plants.
12
(3) A person who knowingly violates a provision of subsection (1)
13 of this section is not entitled to the protections of this chapter.

14
15
16
18
(1)The liquor and cannabis board may conduct controlled purchase
19 programs to determine whether:

20
(a) A marijuana retailer is unlawfully selling marijuana to persons
21 under the age of twenty-one;

22
(b) A medical marijuana retailer is selling to persons under the
23 age of eighteen or selling to persons between the ages of eighteen and

24 twenty-one who do not hold valid authorization cards;
25
(c) Until July 1, 2016, collective gardens under RCW 69.51A.085 are
26 providing marijuana to person under the age of twenty-one.

27
(2) Every person under the age of twenty-one years who purchases or
28 attempts to purchase marijuana shall be guilty of a violation of this

29 chapter or chapter 69.51A RCW.
30
This section does not apply to:
(a)Persons between the ages of eighteen and twenty-one who hold
31 valid authorization cards and purchase marijuana at a medical marijuana

32 retail outlet;
33
(b)Persons between the ages of eighteen and twenty-one years who
34 are participating in a controlled purchase program authorized by the

Draft
p.47
1 liquor and cannabis board under rules adopted by the board. Violations
2 occurring under a private, controlled purchase program authorized by
3 the
liquor
and
cannabis
board
may
not
be
used
for
criminal
or
4 administrative prosecution.
5
(3) A marijuana retailer or medical marijuana retailer who conducts
6 an in-house controlled purchase program authorized under this section

7 shall
provide
his
or
her
employees
written
description
of
the
8 employer's in-house controlled purchase program. The written description

9 must include notice of actions an employer may take as a consequence of
10 an employee's failure to comply with company policies regarding the sale
11 of marijuana during an in-house controlled purchase program.
12
(4) An in-house controlled purchase program authorized under this
13 section shall be for the purposes of employee training and employer

14 self-compliance
checks.
marijuana
retailer
or
medical
marijuana
15 retailer may not terminate an employee solely for a first-time failure

16 to comply with company policies regarding the sale of marijuana during
17 an in-house controlled purchase program authorized under this section.
18
(5) Every person between the ages of eighteen and twenty-one who is
19 convicted of a violation of this section is guilty of a misdemeanor

20 punishable as provided by RCW 9A.20.021, except that a minimum fine of
21 two hundred fifty dollars shall be imposed and any sentence requiring
22 community restitution shall require not fewer than twenty-five hours of
23 community restitution.
24
25
Sec. 30.
26 read as follows:
27
(1) A qualifying patient may revoke his or her designation of a
28 specific
designated
provider
29 provider at any time.

30 signed
and
31 provider.
dated,
and
designate
different
designated
A revocation of designation must be in writing,
and
provided
to
the
department
and
designated
The protections of this chapter cease to apply to a person
32 who has served as a designated provider to a qualifying patient seventy33 two hours after receipt of that patient's revocation of his or her
34 designation.
Draft
p.48
(2) A person may stop serving as a designated provider to a given
2 qualifying patient at any time by revoking that designation in writing,

3 signed and dated, and provided to the department and the qualifying
4 patient.
However, that person may not begin serving as a designated
5 provider to a different qualifying patient until fifteen days have

6 elapsed from the date the last qualifying patient designated him or her
7 to serve as a provider.
8
(3) The department may adopt rules to implement this section,
9 including a procedure to remove the name of the designated provider from

10 the
medical
marijuana
authorization
database
upon
receipt
of
11 revocation under this section.

12
13
NEW SECTION.
Sec. 31.

15
Neither this chapter nor chapter 69.50 RCW prohibits a health care
16 professional from selling or donating topical, noningestable products

17 that have a THC concentration of less than .3 percent to qualifying
18 patients.
19
20
21
23
(1) The tax levied by RCW 82.08.020 shall not apply to:
24
(a) Beginning July 1, 2016, sales of marijuana concentrates, useable
25 marijuana, marijuana-infused products, or products containing THC with

26 a THC concentration of 0.3 percent or less by medical marijuana retailers
27 to qualifying patients or designated providers who hold authorization
28 cards; or
29
(b) Until July 1, 2016, sales of marijuana concentrates, useable
30 marijuana, marijuana-infused products, or products containing THC with

31 a THC concentration of 0.3 percent or less by collective gardens under
32 RCW 69.51A.085.
33
(2) Each seller making exempt sales under subsection (1) of this
34 section
Draft
must
maintain
information
p.49
establishing
the
purchaser's
1 eligibility for the exemption in the form and manner required by the
2 department.
3
(3) For the purposes of this section, the terms "THC concentration,"
4 "marijuana concentrates," "useable marijuana," and "marijuana-infused

5 products," have the meaning provided in RCW 69.50.101 and the terms
6 "qualifying patients," "designated providers," and "medical marijuana
7 retailers," and "authorization card" have the meaning provided in RCW
8 69.51A.010.
9
10
(1) The provisions of this chapter shall not apply to the use of
12
13 marijuana concentrates, useable marijuana, marijuana-infused products,

14 or products containing THC with a THC concentration of 0.3 percent or
15 less in compliance with chapter 69.51A RCW by:
(a) Until July 1, 2016, collective gardens under RCW 69.51A.085 and
16
17 the qualifying patients participating in the collective gardens;

(b) Beginning July 1, 2016, qualifying patients or designated
18
19 providers who hold authorization cards; or

20
(c) Beginning July 1, 2016, medical marijuana retailers with respect
21 to
marijuana
concentrates,
useable
marijuana,
marijuana-infused
22 products, or products containing THC with a THC concentration of 0.3

23 percent or less if such marijuana or product is provided at no charge
24 to
qualifying
25 authorization card.
patient
or
designated
provider
who
holds
an
Each such retailer providing such marijuana or
26 product at no charge must maintain information establishing eligibility

27 for this exemption in the form and manner required by the department.
28
(2) For the purposes of this section, the terms "THC concentration,"
29 "marijuana concentrates," "useable marijuana," and "marijuana-infused

30 products" have the meaning provided in RCW 69.50.101 and the terms
31 "qualifying
patients,"
"designated
providers,"
"medical
marijuana
32 retailers" and "authorization card" have the meaning provided in RCW

33 69.51A.010.
34
Draft
p.50
NEW SECTION.
2 qualifying
Sec. 34.
patients
is
(1) The legislature finds marijuana use for

valid
and
necessary
option
health
care
3 professionals may recommend for their patients. The legislature further

4 finds that although there is a distinction between recreational and
5 medical use of marijuana, the changing environment for recreational
6 marijuana use in Washington will also affect qualifying patients.
The
7 legislature further finds that while recognizing the difference between

8 recreational and medical use of marijuana, it is imperative to develop
9 a single, comprehensive regulatory scheme for marijuana use in the
10 state.
Acknowledging that the implementation of this act may result in
11 changes to how qualifying patients access marijuana for their medical

12 use, the legislature intends to ease the transition towards a regulated
13 market and provide a statutory means for a safe, consistent, and secure
14 source of marijuana for qualifying patients. Therefore, the legislature
15 intends to provide qualifying patients a retail sales and use tax
16 exemption on purchases of marijuana for medical use when authorized by
17 a health care professional. Because marijuana is neither a prescription
18 medicine nor an over-the-counter medication, this policy should in no
19 way
be
construed
as
precedence
for
changes
in
the
treatment
of
20 prescription medications or over-the-counter medications.

21
(2)(a) This section is the tax preference performance statement for
22 the retail sales and use tax exemptions for marijuana concentrates,
23 useable
marijuana,
and
marijuana-infused
products
purchased
24 qualifying patients provided in sections 32 and 33 of this act.

25 performance
statement
is
only
intended
to be
used
by
The
for subsequent
26 evaluation of the tax preference. It is not intended to create a private

27 right of action by any party or be used to determine eligibility for
28 preferential tax treatment.
29
(b) The legislature categorizes the tax preference as one intended
30 to accomplish the general purposes indicated in RCW 82.32.808(2)(e).

31
(c) It is the legislature's specific public policy objective to
32 provide qualifying patients a retail sales and use tax exemption on

33 purchases of marijuana concentrates, useable marijuana, and marijuana34
Draft
p.51
1 infused products for medical use when qualifying patients hold a valid
2 authorization card.
3
(d) To measure the effectiveness of the exemption provided in
4 sections 32 and 33 of this act in achieving the specific public policy

5 objectives described in (c) of this subsection, the joint legislative
6 audit and review committee must evaluate the actual fiscal impact of
7 the sales and use tax exemption compared to the estimated impact in the
8 fiscal note for this act.
9
(3)
For the purposes of this section, the terms authorization
10 card, qualifying patient, health care professional have the meaning

11 provided in RCW 69.51A.010 and the terms marijuana concentrates,
12 useable marijuana, and marijuana-infused products have the meaning
13 provided in RCW 69.50.101.
14
15
NEW SECTION.
Sec. 35.
All references to the Washington state
16 liquor control board must be construed as referring to the Washington

17 state
liquor
and
cannabis
board.
The
code
reviser
must
prepare
18 legislation for the 2015 legislative session changing all references in

19 the Revised Code of Washington from the Washington state liquor control
20 board to the Washington state liquor and cannabis board.
21
22
NEW SECTION.
Sec. 36.
The following acts or parts of acts are each
23 repealed:
24
(1) RCW 69.51A.020 (Construction of chapter) and 2011 c 181 s 103 &
25 1999 c 2 s 3;
26
(2) RCW 69.51A.025 (Construction of chapter--Compliance with RCW
27 69.51A.040) and 2011 c 181 s 413;

28
(3)
RCW
69.51A.047
(Failure
to
register
or
present
valid
29 documentation--Affirmative defense) and 2011 c 181 s 406;

30
(4) RCW 69.51A.090 (Applicability of valid documentation definition)
31 and 2010 c 284 s 5;

32
(5) RCW 69.51A.140 (Counties, cities, towns--Authority to adopt and
33 enforce requirements) and 2011 c 181 s 1102; and

34
(6) RCW 69.51A.200 (Evaluation) and 2011 c 181 s 1001.

Draft
p.52
1
2 NEW SECTION.
Sec. 37.
The following acts or parts of acts are each
3 repealed:
4
(1)RCW 69.51A.085 (Collective gardens) 2015 c xxx s 29 (section 28
5 of this act) and 2011 c 181 s 403; and

6
(2) RCW 69.51A.043 (Failure to register--Affirmative defense) and
7 2011 c 181 s 402.

8
9
NEW SECTION.
Sec. 38.
Sections 12 through 14, 16 through 24, 26,
10 30, and 37 of this act take effect July 1, 2016.

11
12
Sections 28 and 29 of this act are necessary
13 for the immediate preservation of the public health, or safety, or

14 support of the state government and its existing public institutions,
15 and take effect immediately.
16
17
18
--- END ---
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Draft
p.53

Rivers MMJ Draft 2015

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Kathleen Buchli 786-7488

AN ACT Relating to regulating the medical use of marijuana;

NEW SECTION. Sec. 1.

The legislature finds that since voters

The legislature further finds that qualifying patients are people

1 was permitted by the state to ensure some, albeit limited, access to

The legislature further finds that while possession amounts are

8 provided in statute, these do not amount to protection from arrest and

In fact, patients in compliance with state

10 law are not provided arrest protection.

They may be arrested and their

11 only remedy is to assert an affirmative defense at trial that they are

Too many patients

The legislature further finds that in 2012, voters passed Initiative

17 Measure No. 502 which permitted the recreational use of marijuana.

18 the first time in our nation's history, marijuana would be regulated,

Initiative Measure No.

20 502 provides for strict regulation on the production, processing, and

Under Initiative Measure No. 502, marijuana

Marijuana must be tested for impurities and purchasers of

24 marijuana must be informed of the THC level in the marijuana.

25 its passage, 250 producer/processer licenses and 63 retail licenses have

While medical needs remain, the state is in the

31 untenable position of having a recreational product that is tested and

No such standards exist for medical users and, consequently,

The legislature, therefore, intends to adopt a comprehensive bill

It intends to ensure that

It further intends that

13 medical specific regulations be adopted as needed and under consultation

There shall be a board, known as the "Washington state liquor

22 ((control)) and cannabis board," consisting of three members, to be

The governor may, in his or her

26 discretion, appoint one of the members as chair of the board, and a

RCW 69.50.101 and 2014 c 192 s 1 are each amended to read

Unless the context clearly requires otherwise, definitions of terms

33 shall be as indicated where used in this chapter:

(a) "Administer" means to apply a controlled substance, whether by

2 injection, inhalation, ingestion, or any other means, directly to the

5 practitioner's authorized agent); or

(2) the patient or research subject at the direction and in the

7 presence of the practitioner.

(b) "Agent" means an authorized person who acts on behalf of or at

9 the direction of a manufacturer, distributor, or dispenser.

10 not include a common or contract carrier, public warehouseperson, or

(c) "Commission" means the pharmacy quality assurance commission.

(d) "Controlled substance" means a drug, substance, or immediate

14 precursor included in Schedules I through V as set forth in federal or

(e)(1) "Controlled substance analog" means a substance the chemical

17 structure of which is substantially similar to the chemical structure

(i) that has a stimulant, depressant, or hallucinogenic effect on

20 the central nervous system substantially similar to the stimulant,

(ii) with respect to a particular individual, that the individual

24 represents or intends to have a stimulant, depressant, or hallucinogenic

(2) The term does not include:

(i) a controlled substance;

(ii) a substance for which there is an approved new drug application;

(iii) a substance with respect to which an exemption is in effect

32 for investigational use by a particular person under Section 505 of the

2 before an exemption takes effect with respect to the substance.

(f) "Deliver" or "delivery," means the actual or constructive

4 transfer from one person to another of a substance, whether or not there

(g) "Department" means the department of health.

(h) "Dispense" means the interpretation of a prescription or order