HB 2434 will remove affirmative defense

Here's a scary one that needs to be stopped.
starting at line 23.

H-3802.1 _____________________________________________
HOUSE BILL 2434
_____________________________________________
State of Washington 61st Legislature 2010 Regular Session
By Representative Haler
Prefiled 12/07/09. Read first time 01/11/10. Referred to Committee on
Health Care & Wellness.
1 AN ACT Relating to prohibiting a defendant from asserting an
2 affirmative defense for medical marijuana if marijuana is listed as a
3 Schedule I controlled substance or the marijuana was not produced in
4 compliance with all applicable state and federal product safety laws;
5 and amending RCW 69.51A.040.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 Sec. 1. RCW 69.51A.040 and 2007 c 371 s 5 are each amended to read
8 as follows:
9 (1) If a law enforcement officer determines that marijuana is being
10 possessed lawfully under the medical marijuana law, the officer may
11 document the amount of marijuana, take a representative sample that is
12 large enough to test, but not seize the marijuana. A law enforcement
13 officer or agency shall not be held civilly liable for failure to seize
14 marijuana in this circumstance.
15 (2) If charged with a violation of state law relating to marijuana,
16 any qualifying patient who is engaged in the medical use of marijuana,
17 or any designated provider who assists a qualifying patient in the
18 medical use of marijuana, will be deemed to have established an
19 affirmative defense to such charges by proof of his or her compliance
p. 1 HB 2434
1 with the requirements provided in this chapter. Any person meeting the
2 requirements appropriate to his or her status under this chapter shall
3 be considered to have engaged in activities permitted by this chapter
4 and shall not be penalized in any manner, or denied any right or
5 privilege, for such actions.
6 (3) A qualifying patient, if eighteen years of age or older, or a
7 designated provider shall:
8 (a) Meet all criteria for status as a qualifying patient or
9 designated provider;
10 (b) Possess no more marijuana than is necessary for the patient's
11 personal, medical use, not exceeding the amount necessary for a sixty-
12 day supply; and
13 (c) Present his or her valid documentation to any law enforcement
14 official who questions the patient or provider regarding his or her
15 medical use of marijuana.
16 (4) A qualifying patient, if under eighteen years of age at the
17 time he or she is alleged to have committed the offense, shall
18 demonstrate compliance with subsection (3)(a) and (c) of this section.
19 However, any possession under subsection (3)(b) of this section, as
20 well as any production, acquisition, and decision as to dosage and
21 frequency of use, shall be the responsibility of the parent or legal
22 guardian of the qualifying patient.
23 (5) The affirmative defense established in subsection (2) of this
24 section shall not be available to a qualifying patient if:
25 (a) Marijuana is listed as a Schedule I controlled substance under
26 state or federal law; or
27 (b) The marijuana in question was not produced in compliance with
28 all applicable state and federal product safety laws.
--- END ---
__________________
The same people that voted against HB2401 are for this.
Vote them out. Print this list and save it. Spread the word.
Call them and harrass them. Email them, give 'em hell.


Larry Haler 8th district
122D Legislative Building
Olympia, WA 98504-0600
(360) 786-7986
Toll-free: (800) 562-6000
District Office
719 Jadwin Ave.
Suite 6
Richland, WA 99352
Phone: (509) 372-7997


Chris Hurst (D) Chair - 360-786-7866 - [email protected]
Al O'Brien (D) Vice-chair - 360-786-7928 - [email protected]
Kirk Pearson ® - 360-786-7816 - [email protected]
Brad Klippert ® - 360-786-7882 - [email protected]
Steve Kirby (D) - 360-786-7996 - [email protected]
Charles Ross ® - 360-786-7856 - [email protected]

Yeh, that's a scary one , but this guy has 0 co-sponsors , and I can't see this going anywhere....

This looks like the important part.
"23 (5) The affirmative defense established in subsection (2) of this
24 section shall not be available to a qualifying patient if:
25 (a) Marijuana is listed as a Schedule I controlled substance under
26 state or federal law; or
27 (b) The marijuana in question was not produced in compliance with
28 all applicable state and federal product safety laws."

So it just contradicts itself. Typical. Hopefully Sensible Washington's intiative will be passed and all this will be mute for atleast 2 years anyway.

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Originally Posted by killerweed420

So it just contradicts itself. Typical. Hopefully Sensible Washington's intiative will be passed and all this will be mute for atleast 2 years anyway.

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Should I-1068 pass, then the next election cycle should have an initiative making the I-1068 permanent. I, for one, am totally sick of the hypocrisy and a nanny fucking government telling me what is best for me. :D

Quote:

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Should I-1068 pass, then the next election cycle should have an initiative making the I-1068 permanent. I, for one, am totally sick of the hypocrisy and a nanny fucking government telling me what is best for m

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e.

I hope that everyone works to get this Initiative to the ballot, gather signatures, or send some cash to the organizers , don't sit back and expect it to "just happen" that's not the way the system works.

Quote:

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Originally Posted by LLLou2

e.

I hope that everyone works to get this Initiative to the ballot, gather signatures, or send some cash to the organizers , don't sit back and expect it to "just happen" that's not the way the system works.

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Yep. It doesn't take much, just help when you can. If everyone does a little it can have a chance.