Proposed revisions for MMJ Law

I had to copy this from the pdf since we can't upload. some I like and some???????? Sorry for the run-on but, its a copy like I said. :cool:

Edit. managed to attach pdf.

_____________________________________________
BILL REQUEST - CODE REVISER'S OFFICE
_____________________________________________
BILL REQ. #: S-5573.2/10 2nd draft
ATTY/TYPIST: AI:cro
BRIEF DESCRIPTION: Addressing the medical use of cannabis.
AN ACT Relating to medical use of cannabis; amending RCW
69.51A.005, 69.51A.010, 69.51A.020, 69.51A.030, 69.51A.040,
69.51A.050, 69.51A.060, 69.51A.070, and 69.51A.900; adding new
sections to chapter 69.51A RCW; creating a new section; repealing RCW
69.51A.080; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature intends to amend and
clarify the law on the medical use of cannabis so that: (1)
Qualifying patients and designated providers complying with the terms
of this act will no longer be subject to arrest or prosecution, other
criminal sanctions, or civil consequences based solely on their
medical use of cannabis; so that qualifying patients will have access
to an adequate, safe, consistent, and secure source of medical quality
cannabis; and (2) health care professionals may authorize the medical
use of cannabis in the manner provided by this act without fear of
state criminal or civil sanctions. This act is not intended to amend
or supersede Washington state law prohibiting the acquisition,
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possession, manufacture, sale, or use of cannabis for nonmedical
purposes.

Sec. 2. RCW 69.51A.005 and 2010 c 284 s 1 are each amended to
read as follows:
The people of Washington state find that some patients with
terminal or debilitating ((illnesses)) medical conditions, under their
health care professional's care, may benefit from the medical use of
((marijuana)) cannabis. Some of the ((illnesses)) conditions for
which ((marijuana)) cannabis appears to be beneficial include
((chemotherapy-related)) nausea ((and)), vomiting ((in cancer
patients; AIDS wasting syndrome)), and wasting associated with cancer,
HIV-positive status, AIDS, hepatitis C, anorexia, and their
treatments; severe muscle spasms associated with multiple sclerosis,
epilepsy, and other seizure and spasticity disorders; ((epilepsy;))
acute or chronic glaucoma; Crohn's disease and some forms of
intractable pain.

The people find that humanitarian compassion necessitates that the
decision to authorize the medical use of ((marijuana)) cannabis by
patients with terminal or debilitating illnesses is a personal,
individual decision, based upon their health care professional's
professional medical judgment and discretion.

Therefore, the people of the state of Washington intend that:
Qualifying patients with terminal or debilitating ((illnesses))
medical conditions who, in the judgment of their health care
professionals, may benefit from the medical use of ((marijuana))
cannabis, shall not be ((found guilty of a crime under state law for
their possession and limited use of marijuana)) arrested, prosecuted,
or subject to other criminal sanctions or civil consequences under
state law based solely on their medical use of cannabis,
notwithstanding any other provision of law;

Persons who act as designated providers to such patients shall
also not be ((found guilty of a crime under state law for)) arrested,
prosecuted, or subject to other criminal sanctions or civil
consequences under state law, notwithstanding any other provision of
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law, based solely on their assisting with the medical use of
((marijuana)) cannabis; and

Health care professionals shall also ((be excepted from liability
and prosecution)) not be arrested, prosecuted, or subject to other
criminal sanctions or civil consequences under state law for the
authorization of ((marijuana)) medical use ((to)) of cannabis by
qualifying patients for whom, in the health care professional's
professional judgment, the medical ((marijuana)) use of cannabis may
prove beneficial.
Sec. 3. RCW 69.51A.010 and 2010 c 284 s 2 are each amended to
read as follows:

The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Cannabis" means all parts of the plant Cannabis, whether
growing or not; the seeds thereof; the resin extracted from any part
of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin. "Cannabis"
does not include the mature stalks of the plant, fiber produced from
the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of
the mature stalks, except the resin extracted therefrom, fiber, oil,
or cake, or the sterilized seed of the plant which is incapable of
germination.
(2) "Designated provider" means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in ((writing)) a written document signed
and dated by a qualifying patient to serve as a designated provider
under this chapter; and
(c) Is ((prohibited from consuming marijuana obtained for the
personal, medical use of the patient for whom the individual is acting
as designated provider; and
(d) Is the designated provider to only one patient at any one
time)) in compliance with the terms and conditions set forth in RCW
69.51A.040.
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(((2))) (3) "Dispense" means the selection, measuring, packaging,
labeling, or delivery of cannabis to a qualifying patient or
designated provider.
(4) "Health care professional," for purposes of this chapter only,
means a physician licensed under chapter 18.71 RCW, a physician
assistant licensed under chapter 18.71A RCW, an osteopathic physician
licensed under chapter 18.57 RCW, an osteopathic physicians' assistant
licensed under chapter 18.57A RCW, a naturopath licensed under chapter
18.36A RCW, or an advanced registered nurse practitioner licensed
under chapter 18.79 RCW.
(((3))) (5) â??Labelingâ? means all labels and other written,
printed, or graphic matter (a) upon any cannabis intended for medical
use or (b) accompanying such cannabis.
(56) "Licensed dispenser" means a not-for-profit corporation or
nonprofit corporation organized under chapter 24.03 RCW and licensed
to dispense cannabis for medical use by the Washington state
boarddepartment of pharmacyhealth in accordance with rules adopted by
the boarddepartment pursuant to the terms of this chapter.
(67) "Licensed producer" means a farmer, grower, or planter
licensed by the department of agriculture to produce cannabis for
medical use by the department of agriculture in accordance with rules
adopted by the department pursuant to the terms of this chapter.
(78) "Medical use of ((marijuana)) cannabis" means the production,
possession, or administration of ((marijuana, as defined in RCW
69.50.101(q),)) cannabis for the exclusive benefit of a qualifying
patient in the treatment of his or her terminal or debilitating
((illness)) medical condition.
(((4))) (89) "Person" means an individual or an entity.
(910) "Plant" means an organism having leaves and a readily
observable root formation. Multiple stalks emanating from the same
root ball or root system shall be considered part of the same single
plant.
(11) â??Processâ? means to handle or process cannabis in preparation
for medical use.
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(12) â??Produceâ? means to plant, grow, or harvest cannabis for
medical use.
(130) "Production facility" means the premises and equipment where
cannabis is planted, grown, harvested, processed, stored, handled,
packaged, or labeled by a licensed producer for sale, delivery, or
transportation to a licensed dispenser, and all vehicles and equipment
used to transport cannabis from a licensed producer to a licensed
dispenser.
(141) "Qualifying patient" means a person who:
(a) Is a patient of a health care professional;
(b) Has been diagnosed by that health care professional as having
a terminal or debilitating medical condition;
(c) Is a resident of the state of Washington at the time of such
diagnosis;
(d) Has been advised by that health care professional about the
risks and benefits of the medical use of ((marijuana)) cannabis; and
(e) Has been advised by that health care professional that they
may benefit from the medical use of ((marijuana)) cannabis.
(((5))) (152) "Tamper-resistant paper" means paper that meets one
or more of the following industry-recognized features:
(a) One or more features designed to prevent copying of the paper;
(b) One or more features designed to prevent the erasure or
modification of information on the paper; or
(c) One or more features designed to prevent the use of
counterfeit valid documentation.
(((6))) (163) "Terminal or debilitating medical condition" means:
(a) Cancer, human immunodeficiency virus (HIV), multiple
sclerosis, epilepsy or other seizure disorder, or spasticity
disorders; or
(b) Intractable pain((, limited for the purpose of this chapter to
mean pain unrelieved by standard medical treatments and medications));
or
(c) Glaucoma, either acute or chronic((, limited for the purpose
of this chapter to mean increased intraocular pressure unrelieved by
standard treatments and medications)); or
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(d) Crohn's disease with debilitating symptoms ((unrelieved by
standard treatments or medications)); or
(e) Hepatitis C with debilitating nausea or intractable pain
((unrelieved by standard treatments or medications)); or
(f) Diseases, including anorexia, which result in nausea,
vomiting, wasting, appetite loss, cramping, seizures, muscle spasms,
or spasticity((, when these symptoms are unrelieved by standard
treatments or medications)); or
(g) Any other medical condition duly approved by the Washington
state medical quality assurance commission in consultation with the
board of osteopathic medicine and surgery, the Washington state
naturopathic advisory committee, and the nursing care quality
assurance commission as directed in this chapter.
(((7))) (174) "Useable cannabis" means the dried leaves and
flowers of the Cannabis plant family Moraceae. Useable cannabis
excludes stems, stalks, seeds, and roots.
(185) "Valid documentation" means:
(a) A statement signed and dated by a qualifying patient's health
care professional written on tamper-resistant paper, which states
that, in the health care professional's professional opinion, the
patient may benefit from the medical use of ((marijuana)) cannabis;
and
(b) Proof of identity such as a Washington state driver's license
or identicard, as defined in RCW 46.20.035; and
(c) In the case of a designated provider, the signed and dated
document executed by the qualifying patient who has designated the
provider.
(196) "Visitor" means a person who does not reside within
Washington borders.
Sec. 4. RCW 69.51A.020 and 1999 c 2 s 3 are each amended to read
as follows:
Nothing in this chapter shall be construed to supersede Washington
state law prohibiting the acquisition, possession, manufacture, sale,
or use of ((marijuana)) cannabis for nonmedical purposes.
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Sec. 5. RCW 69.51A.030 and 2010 c 284 s 3 are each amended to
read as follows:
((A health care professional shall be excepted from the state's
criminal laws and shall not be penalized in any manner, or denied any
right or privilege, for)) The following acts shall not constitute
crimes under state law or unprofessional conduct under chapter 18.130
RCW, and a health care professional shall not be arrested, prosecuted,
disciplined, or subject to other criminal sanctions or civil
consequences or liability under state law, notwithstanding any other
provision of law:
(1) Advising a ((qualifying)) patient about the risks and benefits
of medical use of ((marijuana)) cannabis or that the ((qualifying))
patient may benefit from the medical use of ((marijuana where such use
is within a professional standard of care or in the individual health
care professional's medical judgment)) cannabis; or
(2) Providing a ((qualifying)) patient meeting the criteria
established under RCW 69.51A.010(11) with valid documentation, based
upon the health care professional's assessment of the ((qualifying))
patient's medical history and current medical condition, ((that the
medical use of marijuana may benefit a particular qualifying patient))
where such use is within a professional standard of care or in the
individual health care professional's medical judgment.
Sec. 6. RCW 69.51A.040 and 2007 c 371 s 5 are each amended to
read as follows:
(((1) If a law enforcement officer determines that marijuana is
being possessed lawfully under the medical marijuana law, the officer
may document the amount of marijuana, take a representative sample
that is large enough to test, but not seize the marijuana. A law
enforcement officer or agency shall not be held civilly liable for
failure to seize marijuana in this circumstance.
(2) If charged with a violation of state law relating to
marijuana, any qualifying patient who is engaged in the medical use of
marijuana, or any designated provider who assists a qualifying patient
in the medical use of marijuana, will be deemed to have established an
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affirmative defense to such charges by proof of his or her compliance
with the requirements provided in this chapter. Any person meeting
the requirements appropriate to his or her status under this chapter
shall be considered to have engaged in activities permitted by this
chapter and shall not be penalized in any manner, or denied any right
or privilege, for such actions.
(3) A qualifying patient, if eighteen years of age or older, or a
designated provider shall:
(a) Meet all criteria for status as a qualifying patient or
designated provider;
(b) Possess no more marijuana than is necessary for the patient's
personal, medical use, not exceeding the amount necessary for a sixtyday
supply; and
(c) Present his or her valid documentation to any law enforcement
official who questions the patient or provider regarding his or her
medical use of marijuana.
(4) A qualifying patient, if under eighteen years of age at the
time he or she is alleged to have committed the offense, shall
demonstrate compliance with subsection (3)(a) and (c) of this section.
However, any possession under subsection (3)(b) of this section, as
well as any production, acquisition, and decision as to dosage and
frequency of use, shall be the responsibility of the parent or legal
guardian of the qualifying patient.)) The medical use of cannabis in
accordance with the terms and conditions of this chapter shall not
constitute a crime and a qualifying patient or designated provider in
compliance with the terms and conditions of this chapter shall not be
arrested, prosecuted, or subject to other criminal sanctions or civil
consequences under state law, and investigating general or limited
authority Washington peace officers and law enforcement agencies shall
not be held civilly liable for failure to seize cannabis in this
circumstance, provided that:
(1) The qualifying patient or designated provider possesses no
more than twenty-four ounces of useable cannabis and no more than
fifteen cannabis plants, or if a person is both a qualifying patient
and a designated provider for another qualifying patient, no more than
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twice these amounts, whether the plants and useable cannabis are
possessed individually or in combination between the qualifying
patient and his or her designated provider;
(2) The qualifying patient or designated provider presents his or
her valid documentation to any general or limited authority Washington
peace officer who questions the patient or provider regarding his or
her medical use of cannabis;
(3) The qualifying patient or designated provider allows the
investigating general or limited authority Washington peace officer to
inspect all areas in which cannabis plants are being grown, or useable
cannabis is being stored, for the limited purpose of confirming that
the number of plants and quantity of useable cannabis do not exceed
the amounts set forth in subsection (1) of this section;
(4) The investigating general or limited authority Washington
peace officer does not possess evidence that the designated provider
has converted cannabis produced or obtained for the qualifying patient
for his or her own personal use or benefit; and
(5) The investigating general or limited authority Washington
peace officer does not possess evidence that the designated provider
has served as a designated provider to more than one qualifying
patient within a ninety-day period.
NEW SECTION. Sec. 7. A qualifying patient or designated provider
in possession of plants or useable cannabis exceeding the limits set
forth in RCW 69.51A.040(1) but otherwise in compliance with all other
terms and conditions of this chapter may establish an affirmative
defense to charges of violations of state law relating to cannabis
through proof at trial, by a preponderance of the evidence, that the
qualifying patient's necessary medical use exceeds the amounts set
forth in RCW 69.51A.040(1). An investigating general or limited
authority Washington peace officer may seize cannabis plants or
useable cannabis exceeding the amounts set forth in RCW 69.51A.040(1)
provided that in the case of cannabis plants, the qualifying patient
or designated provider shall be allowed to select the plants that will
remain at the location. The officer and his or her law enforcement
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agency shall not be held civilly liable for failure to seize cannabis
in this circumstance.
NEW SECTION. Sec. 8. A visitor who is duly authorized to engage
in the medical use of cannabis under the laws of another state or
territory of the United States may raise an affirmative defense to
charges of violations of Washington state law relating to cannabis,
provided that:
(1) The visitor possesses no more than twenty-four ounces of
useable cannabis and no more than fifteen cannabis plants;
(2) The visitor is in compliance with all provisions of this
chapter other than requirements relating to being a Washington
resident or possessing valid documentation issued by a licensed health
care professional in Washington;
(3) The visitor presents the documentation of authorization
required under the authorizing state's law and proof of identity
issued by the authorizing state to any general or limited authority
Washington peace officer who questions the visitor regarding his or
her medical use of cannabis; and
(4) The visitor allows the investigating officer to inspect all
areas in which cannabis plants are being grown, or useable cannabis is
being stored, for the limited purpose of confirming that the number of
plants and quantity of useable cannabis do not exceed the amounts set
forth in subsection (1) of this section.
NEW SECTION. Sec. 9. A qualifying patient or designated provider
shall not have his or her parental rights or residential time with a
child restricted solely due to his or her medical use of cannabis in
compliance with the terms of this chapter absent written findings
supported by evidence that such use has resulted in a long-term
impairment that interferes with the performance of parenting functions
as those functions are defined under RCW 26.09.004.
NEW SECTION. Sec. 10. (1) A qualifying patient shall not be
refused employment, discharged from employment, or discriminated
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against in compensation or in other terms or conditions of employment
as a result of his or her off-site medical use of cannabis, provided
that:
(a) The employer is not a federal contractor or grant recipient
under the drug-free workplace act, Title 41, Chapter 10 of the United
States Code;
(b) The particular employment does not involve:
(i) Public safety responsibilities;
(ii) Handling dangerous substances;
(iii) Hazardous physical activities;
(iv) Routine operation of motor vehicles, heavy equipment, or
power tools; or
(v) Routine performance of other safety-sensitive activities; or
(c) The off-site medical use of cannabis by a particular employee
does not prevent the proper performance of his or her work.
(2) A qualifying patient deeming himself or herself injured by any
act in violation of this section shall be entitled to pursue the
remedies and enforcement procedures provided under chapter 49.60 RCW.
Sec. 11. RCW 69.51A.050 and 1999 c 2 s 7 are each amended to read
as follows:
(1) The lawful possession, delivery, dispensing, production, or
manufacture of ((medical marijuana)) cannabis for medical use as
authorized by this chapter shall not result in the forfeiture or
seizure of any property including, but not limited to, cannabis
intended for medical use, items used to facilitate the medical use of
cannabis or its production or dispensing for medical use, or proceeds
of sales of cannabis for medical use made by licensed producers or
licensed dispensers.
(2) No person shall be prosecuted for constructive possession,
conspiracy, or any other criminal offense solely for being in the
presence or vicinity of ((medical marijuana)) cannabis intended for
medical use or its use as authorized by this chapter.
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(3) The state shall not be held liable for any deleterious
outcomes from the medical use of ((marijuana)) cannabis by any
qualifying patient.
Sec. 12. RCW 69.51A.060 and 2010 c 284 s 4 are each amended to
read as follows:
(1) ((It shall be a misdemeanor to use or display medical
marijuana)) Except as permitted by this chapter, a person shall not
open a package containing cannabis or consume cannabis or grow
cannabis plants in a manner or place which is open to the view of the
general public. A person who violates a provision of this section is
guilty of a class 3 civil infraction under chapter 7.80 RCW.
(2) Nothing in this chapter requires any health insurance provider
to be liable for any claim for reimbursement for the medical use of
((marijuana)) cannabis.
(3) Nothing in this chapter requires any health care professional
to authorize the medical use of ((medical marijuana)) cannabis for a
patient.
(4) Nothing in this chapter requires any accommodation of any onsite
medical use of ((marijuana)) cannabis in any place of employment,
in any school bus or on any school grounds, in any youth center, in
any correctional facility, or smoking ((medical marijuana)) cannabis
in any public place as that term is defined in RCW 70.160.020.
(5) It is a class C felony to fraudulently produce any record
purporting to be, or tamper with the content of any record for the
purpose of having it accepted as, valid documentation under RCW
69.51A.010(((7))) (15)(a).
(6) ((No person shall be entitled to claim the affirmative defense
provided in RCW 69.51A.040 for engaging)) The fact that a qualifying
patient has been authorized to engage in the medical use of
((marijuana in a way that endangers the health or well-being of any
person through the use of a motorized vehicle on a street, road, or
highway)) cannabis shall not constitute a defense against a charge of
violating RCW 46.61.502.
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NEW SECTION. Sec. 13. (1) Provided they are acting in compliance
with the terms of this chapter and rules adopted to enforce and carry
out its purposes, licensed producers and their employees, officers,
and directors may manufacture, plant, cultivate, grow, harvest,
produce, prepare, propagate, process, package, repackage, transport,
transfer, deliver, label, relabel, sell, or possess cannabis intended
for medical use by qualifying patients and shall not be arrested,
prosecuted, or subject to other criminal sanctions or civil
consequences under state law for such activities, notwithstanding any
other provision of law.
NEW SECTION. Sec. 14. The department of agriculture shall
administer and carry out the provisions of this chapter relating to
licensed producers and rules adopted hereunder, and it has the power
and authority to:
(1) Supervise the production, processing, weighing, packaging,
labeling, storage, and shipping of all cannabis intended for medical
use;
(2) Supervise the inspection and grading of cannabis intended for
medical use;
(3) Approve or disapprove the facilities, including scales, of all
licensed producers;
(4) Investigate all complaints of fraud in the operation of any
licensed producer or production facility;
(5) Examine, inspect, and audit, during ordinary business hours,
any producer licensed under this chapter, including all production
facilities and all cannabis therein and examine, inspect, audit, or
record all books, documents, and records;
(6) Administer oaths and issue subpoenas to compel the attendance
of witnesses, and/or the production of books, documents, and records
anywhere in the state pursuant to a hearing relative to the purpose
and provisions of this chapter. Witnesses shall be entitled to fees
for attendance and travel, as provided in chapter 2.40 RCW;
(7) Adopt rules establishing inspection standards and procedures
for cannabis intended for medical use;
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(8) Adopt rules regarding the identification of cannabis intended
for medical use by the use of confetti or other similar means so that
such cannabis may be readily identified if stolen or removed in
violation of the provisions of this chapter from a production facility
or if otherwise unlawfully transported;
(9) Adopt all the necessary rules for carrying out the purpose and
provisions of this chapter. The adoption of rules under the
provisions of this chapter shall be subject to the provisions of
chapter 34.05 RCW, the Administrative Procedure Act. When adopting
rules in respect to the provisions of this chapter, the director of
agriculture shall hold a public hearing and shall to the best of his
or her ability consult with persons and organizations or interests who
will be affected thereby, and any final rule adopted as a result of
the hearing shall be designed to promote the provisions of this
chapter and shall be reasonable and necessary and based upon needs and
conditions of the industry, and shall be for the purpose of promoting
the well-being of the industry to be regulated and the general welfare
of the people of the state.
NEW SECTION. Sec. 15. The department of agriculture is
authorized to deny, suspend, or revoke a producerâ??s license after a
hearing in any case in which it is determined that there has been a
violation or refusal to comply with the requirements of this chapter
or rules adopted hereunder. All hearings for the denial, suspension,
or revocation of a producerâ??s license shall be subject to chapter
34.05 RCW (Administrative Procedure Act) as enacted or hereafter
amended.
NEW SECTION. Sec. 16. (2) By July 1, 2012, pursuant to his or
her authority under Title 15 RCWtaking into consideration the security
requirements described in Title 21, sections 1301.71 through 1301.76,
of the Code of Federal Regulations, and in consultation with
qualifying patients, designated providers, health care professionals,
law enforcement agencies, and other affected persons, the director of
the department of agriculture shall adopt rules:
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(a) Prescribingoviding grades and standards regarding which he or
she deems suitable for inspection of cannabis intended for medical use
in the state of Washington;
(b) Providing for inspection or grading and certification of
grade, grading factors, condition, or other qualitative measurement of
cannabis intended for medical use;
(c) Fixing the sizes, and dimensions, and safety and security
features required of containers to be used for packing, or handling,
or storing cannabis intended for medical use;
(d) Establishing labeling requirements for cannabis intended for
medical use;
(e) Establishing requirements for the licensure of producers,
setting forth procedures to obtain licenses, and determining
expiration dates and renewal requirements;
(f) Providing for mandatory inspection of production facilities;
(g) Establishing requirements for transportation of cannabis
intended for medical use from production facilities to licensed
dispensers;
(h) Enforcing and carrying out the provisions of this section and
the rules adopted to carry out its purpose; and
(i) Establishing license application and renewal fees adequate to
recapture the cost to the state of implementing, maintaining, and
enforcing the provisions of this section and the rules adopted to
carry out its purpose.
NEW SECTION. Sec. 17. Each licensed producer shall maintain
complete records at all times with respect to all cannabis produced,
processed, weighed, tested, stored, shipped, or sold. The department
of agriculture shall adopt rules specifying the minimum record-keeping
requirements necessary to comply with this section.
NEW SECTION. Sec. 18. Each licensed producer shall report
information to the department of agriculture at such times and as may
be reasonably required by the department for the necessary enforcement
and supervision of a sound, reasonable, and efficient cannabis
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inspection program for the protection of the health and welfare of
qualifying patients.
NEW SECTION. Sec. 19. (1) The production facilities of a
licensed producer shall be maintained in a manner that will provide a
reasonable means of ingress and egress to all areas and equipment, and
an adequate facility to complete the inspections shall be provided.
(2) The property, books, records, accounts, papers, and
proceedings of every licensed producer shall at all reasonable times
be subject to inspection by the department of agriculture. The
licensed producer shall maintain adequate records and systems for the
filing and accounting of crop production, records of weights and
measurements, product testing, receipts, canceled receipts, other
documents, and transactions necessary or common to the medical
cannabis industry.
NEW SECTION. Sec. 20. (1) The department of agriculture may give
written notice to a licensed producer to submit to inspection, and/or
furnish required reports, documents, or other requested information,
under such conditions and at such time as the department may deem
necessary whenever a licensed producer fails to:
(a) Submit his or her books, papers, or property to lawful
inspection or audit;
(b) Submit required reports or documents to the department by
their due date; or
(c) Furnish the department with requested information, including
but not limited to correction notices.
(2) If the licensed producer fails to comply with the terms of the
notice within twenty-four hours from the date of its issuance, or
within such further time as the department of agriculture may allow,
the department shall levy a fine of five hundred dollars per day from
the final date for compliance allowed by this section or the
department. In those cases where the failure to comply continues for
more than seven days or where the director determines the failure to
comply creates a threat to public health, public safety, or a
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substantial risk of diversion of cannabis to unauthorized persons or
purposes, the department may, in lieu of levying further fines
petition the superior court of the county where the licensee's
principal place of business in Washington is located, as shown by the
license application, for an order:
(a) Authorizing the department to seize and take possession of all
books, papers, cannabis, and property of all kinds used in connection
with the conduct or the operation of the licensed producer's business,
and the books, papers, records, and property that pertain
specifically, exclusively, and directly to that business; and
(b) Enjoining the licensed producer from interfering with the
department in the discharge of its duties as required by this chapter.
(3) All necessary costs and expenses, including attorneys' fees,
incurred by the department of agriculture in carrying out the
provisions of this section may be recovered at the same time and as
part of the action filed under this section.
NEW SECTION. Sec. 21. Samples of cannabis drawn by department
inspectors, unless returned by agreement to the producer or applicant
for a license to produce, shall become the property of the state and
subject to disposition by the department. Official state file samples
shall be retained for periods prescribed by state regulation.
NEW SECTION. Sec. 22. The departmentâ??s inspectors shall have
exclusive control of the weighing, inspecting, and grading of cannabis
intended for medical use in the state of Washington. The action and
the certificates of the inspectors in the discharge of their duties,
as to all cannabis inspected or weighed by them, shall be accepted as
prima facie evidence of the correctness of the above activity.
Suitable books and records shall be maintained in which shall be
entered a record of each inspection activity and the fees assessed and
collected. These books and records shall be available for inspection
by employees of the department and state and local law enforcement
agencies as necessary to perform official duties, and to the producer
or applicant who is the subject of the inspection, during customary
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business hours. The records shall be maintained for periods set by
regulation.
NEW SECTION. Sec. 23. No inspection shall be made of any
cannabis which is to be loaded into a vessel, vehicle, or other
container, if it appears that the hold, compartment, or other
enclosure into which the commodity is to be loaded is in such
condition as to contaminate the commodity or lower the grade.
NEW SECTION. Sec. 24. Any department employee who shall,
directly or indirectly, accept any money or other consideration for
any neglect of duty or any improper performance of duty as such
department employee; or any person who shall knowingly cause or
attempt to cause the issuance of a false or incorrect grade or weight
certificate under this chapter by deceptive loading, handling, or
sampling of cannabis or by submitting cannabis for inspection knowing
that it has been so loaded, handled, or sampled, or by any other
means; shall be deemed guilty of a misdemeanor.
NEW SECTION. Sec. 25. (1) In case any licensed producer shall be
aggrieved at the grading of cannabis produced by him or her, the
person may request a reinspection or appeal inspection within three
business days from the date of certificate. The reinspection or
appeal may be based in the official file sample or upon a new sample
drawn from the lot of the cannabis if the lot remains intact and
available for sampling. The reinspection or appeal inspection shall
be of the same factors and scope as the original inspection.
(2) The department of agriculture shall provide a minimum of a
reinspection and appeal inspection service. The reinspection shall
consist of a full review of all relevant information and a
reexamination of the cannabis to determine the correctness of the
grade assigned or other determination. The reinspection shall be
performed by an authorized inspector of the department other than the
inspector who performed the original inspection unless no other
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inspector is available. An appeal inspection shall be performed by a
supervisory inspector.
NEW SECTION. Sec. 26. (1) The department of agriculture shall
fix the fees for inspection, grading, and weighing of cannabis
intended for medical use, which fees shall be sufficient to cover the
cost of such service. The fees for inspection, weighing, and grading
of cannabis shall be paid by the licensed producer.
(2) The department is authorized to make any tests relating to
grade or quality of cannabis covered by this chapter. The department
may inspect and approve facilities and vessels to be used in
transporting such cannabis and provide any other necessary services.
It may fix and charge a reasonable fee to be collected from the person
or his agent requesting such service.
(3) The department shall so adjust the fees to be collected under
this chapter as to meet the expenses necessary to carry out the
provisions hereof, and may prescribe a different scale of fees for
different localities. The department may also prescribe a reasonable
charge for service performed at places other than the recorded address
of the licensed producerâ??s production facility in addition to the
regular fees when necessary to avoid rendering the services at a loss
to the state.
NEW SECTION. Sec. 27. (3) A licensed producer shall not sell or
deliver cannabis to any person other than a department inspector,
licensed dispenser, or law enforcement officer except as provided by
court order.
NEW SECTION. Sec. 28. (4) The department of agriculture shall
create and maintain a secure and confidential list of the persons to
whom it has issued a license to produce cannabis for medical use.
(a) Except as provided in (b) of this subsection, the list shall
be confidential and exempt from public disclosure, inspection, or
copying under chapter 42.56 RCW.
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(b) Names and other personally identifiable information from the
list may be released only to:
(i) Authorized employees of the department of agriculture as
necessary to perform official duties of the department; or
(ii) Authorized employees of state or local law enforcement
agencies, only as necessary to verify that a person is a licensed
producer or employee of a licensed producer, or that a location is the
recorded address of a production facility owned or operated by a
licensed producer, and only after the inquiring state or local law
enforcement employee has provided adequate identification.
(c) The department of agriculture shall develop a secure and
confidential system by which authorized employees of state and local
law enforcement agencies may verify at all times, after providing
adequate identification, that a person is a licensed producer or
employee of a licensed producer, or that a location is the recorded
address of a production facility owned or operated by a licensed
producer.
(d) The department of agriculture shall maintain a log of all
requests by employees of state and local law enforcement agencies for
information relating to whether a person is a licensed producer or
employee of a licensed producer, or that a location is the recorded
address of a production facility owned or operated by a licensed
producer, and the information supplied, for a period of no less than
three years from the date of the request. The log shall be
confidential and exempt from public disclosure, inspection, or copying
under chapter 42.56 RCW, provided that:
(i) A person who is a subject of a request for information may
appear during normal department of agriculture business hours and
inspect or copy log records relating to him or her upon adequate proof
of identity; or
(ii) A person who is a subject of a request for information may
submit a written request to the department of agriculture, along with
adequate proof of identity, for copies of log records relating to him
or her.
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(e) The department of agriculture may establish and collect
reasonable fees for the dissemination of information to employees of
state and local law enforcement agencies relating to whether a person
is a licensed producer or employee of a licensed producer, or that a
location is the recorded address of a production facility owned or
operated by a licensed producer, and for the dissemination of log
records relating to such requests for information to the subjects of
those requests.
(f) Authorized employees of state or local law enforcement
agencies who obtain personally identifiable information from the list
as authorized under this section may not release or use the
information for any purpose other than verification that a person is a
licensed producer or employee of a licensed producer, or that a
location is the recorded address of a production facility owned or
operated by a licensed producer.
(5) Nothing in this section or in the rules adopted to implement
it shall preclude a qualifying patient or designated provider from
engaging in the private production of cannabis for medical use as
authorized under this chapter.
NEW SECTION. Sec. 29. (1) Provided they are acting in compliance
with the terms of this chapter and rules adopted to enforce and carry
out its purposes, licensed dispensers and their employees, officers,
and directors may deliver, distribute, dispense, transfer, prepare,
package, repackage, label, relabel, sell, or possess cannabis intended
for medical use by qualifying patients and shall not be arrested,
prosecuted, or subject to other criminal sanctions or civil
consequences under state law for such activities, notwithstanding any
other provision of law.
Sec. 30. (2) By July 1, 2012, pursuant to its authority under
chapter 18.64 RCWtaking into consideration the security requirements
described in Title 21, sections 1301.71 through 1301.76, of the Code
of Federal Regulations, and in consultation with qualifying patients,
designated providers, health care professionals, law enforcement
Code Rev/AI:cro 22 S-5573.2/10 2nd draft
agencies, and other affected persons, the Washington state board of
pharmacysecretary of health shall adopt rules:
(a) Establishing requirements for the licensure of dispensers of
cannabis for medical use, setting forth procedures to obtain licenses,
and determining expiration dates and renewal requirements;
(b) Providing for mandatory inspection of licensed dispensers'
locations;
(c) Establishing procedures governing the suspension and
revocation of licenses of dispensers;
(d) Establishing recordkeeping requirements for licensed
dispensers;
(e) Fixing the sizes and dimensions of containers to be used for
dispensing cannabis for medical use;
(f) Establishing safety standards for containers to be used for
dispensing cannabis for medical use;
(g) Establishing cannabis storage requirements, including security
requirements;
(hg) Establishing cannabis labeling requirements;
(i) Establishing physical standards for cannabis dispensing
facilities;
(j) Establishing physical standards for sanitary conditions for
cannabis dispensing facilities;
(k) Establishing physical and sanitation standards for cannabis
dispensing equipment;
(hl) Enforcing and carrying out the provisions of this section and
the rules adopted to carry out its purpose; and
(im) Establishing license application and renewal fees adequate to
recapture the cost to the state of implementing, maintaining, and
enforcing the provisions of this section and the rules adopted to
carry out its purpose, pursuant to the secretaryâ??s authority under RCW
43.70.250.
(3) A licensed dispenser shall not sell or deliver cannabis to any
person other than a qualifying patient or designated provider except
as provided by court order.
Code Rev/AI:cro 23 S-5573.2/10 2nd draft
(4) The boarddepartment of pharmacyhealth shall create and
maintain a secure and confidential list of the persons to whom it has
issued a license to dispense cannabis for medical use.
(a) Except as provided in (b) of this subsection, the list shall
be confidential and exempt from public disclosure, inspection, or
copying under chapter 42.56 RCW.
(b) Names and other personally identifiable information from the
list may be released only to:
(i) Authorized employees of the boarddepartment of pharmacyhealth
as necessary to perform official duties of the boarddepartment; or
(ii) Authorized employees of state or local law enforcement
agencies, only as necessary to verify that a person is a licensed
dispenser or employee of a licensed dispenser, or that a location is
the recorded address of a licensed dispenser, and only after the
inquiring state or local law enforcement employee has provided
adequate identification.
(c) The boarddepartment of pharmacyhealth shall develop a secure
and confidential system by which authorized employees of state and
local law enforcement agencies may verify at all times, after
providing adequate identification, that a person is a licensed
dispenser or employee of a licensed dispenser, or that a location is
the recorded address of a licensed dispenser.
(d) The boarddepartment of pharmacyhealth shall maintain a log of
all requests by employees of state and local law enforcement agencies
for information relating to whether a person is a licensed dispenser
or employee of a licensed dispenser, or that a location is the
recorded address of a licensed dispenser, and the information
supplied, for a period of no less than three years from the date of
the request. The log shall be confidential and exempt from public
disclosure, inspection, or copying under chapter 42.56 RCW, provided
that:
(i) A person who is a subject of a request for information may
appear during normal boarddepartment of pharmacyhealth business hours
and inspect or copy log records relating to him or her upon adequate
proof of identity; or
Code Rev/AI:cro 24 S-5573.2/10 2nd draft
(ii) A person who is a subject of a request for information may
submit a written request to the boarddepartment of pharmacyhealth,
along with adequate proof of identity, for copies of log records
relating to him or her.
(e) The boarddepartment of pharmacyhealth may establish and
collect reasonable fees for the dissemination of information to
employees of state and local law enforcement agencies relating to
whether a person is a licensed dispenser or employee of a licensed
dispenser, or that a location is the recorded address of a licensed
dispenser, and for the dissemination of log records relating to such
requests for information to the subjects of those requests.
(f) Authorized employees of state or local law enforcement
agencies who obtain personally identifiable information from the list
as authorized under this section may not release or use the
information for any purpose other than verification that a person is a
licensed dispenser or employee of a licensed dispenser, or that a
location is the recorded address of a licensed dispenser.
(5) Nothing in this section or in the rules adopted to implement
it shall preclude a qualifying patient or designated provider from
engaging in the private production of cannabis for medical use as
authorized under this chapter.
NEW SECTION. Sec. 31. All weighing and measuring instruments and
devices used by licensed producers and licensed dispensers shall
comply with the requirements set forth in chapter 19.94 RCW.
NEW SECTION. Sec. 32. A violation of any provision or section of
this chapter that relates to the licensing and regulation of producers
and dispensers, where no other penalty is provided for, and the
violation of any rule or regulation adopted hereunder shall constitute
a misdemeanor.
NEW SECTION. Sec. 33. Every licensed producer who fails to
comply with this chapter, or any rule adopted under it, may be
subjected to a civil penalty, as determined by the director of
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agriculture, in an amount of not more than one thousand dollars for
every such violation. Every licensed dispenser who fails to comply
with this chapter, or any rule adopted under it, may be subjected to a
civil penalty, as determined by the secretary of health, in an amount
of not more than one thousand dollars for every such violation. Each
and every violation shall be a separate and distinct offense. Every
person who, through an act of commission or omission, procures, aids,
or abets in the violation shall be considered to have violated this
chapter and may be subject to the penalty provided for in this
section.
NEW SECTION. Sec. 34. By July 1, 2014, the Washington state
department of health shall evaluate the implementation of the rules
adopted by the department of agriculture and boarddepartment of
pharmacyhealth pursuant to this chapter. In conducting its
evaluation, the department of health shall assess and report to the
legislature on the impact of implementation of the rules on qualifying
patients' access to an adequate, safe, consistent, and secure source
of cannabis for medical use. For the purposes of facilitating this
evaluation, the department of agriculture and board of pharmacy will
make available to the department of health requested data, and any
other data the department of agriculture or boarddepartment of
pharmacyhealth may consider relevant, from which all personally
identifiable information has been redacted.
Sec. 16 RCW 69.51A.070 and 2007 c 371 s 7 are each amended to
read as follows:
The Washington state medical quality assurance commission in
consultation with the board of osteopathic medicine and surgery, the
Washington state naturopathic advisory committee, and the nursing care
quality assurance commission, or other appropriate agency as
designated by the governor, shall accept for consideration petitions
submitted to add terminal or debilitating conditions to those included
in this chapter. In considering such petitions, the Washington state
medical quality assurance commission in consultation with the board of
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osteopathic medicine and surgery shall include public notice of, and
an opportunity to comment in a public hearing upon, such petitions.
The Washington state medical quality assurance commission in
consultation with the board of osteopathic medicine and surgery, the
Washington state naturopathic advisory committee, and the nursing care
quality assurance commission shall, after hearing, approve or deny
such petitions within one hundred eighty days of submission. The
approval or denial of such a petition shall be considered a final
agency action, subject to judicial review.
NEW SECTION. Sec. 35. The state of Washington fully occupies and
preempts the entire field of authorizing and regulating the
production, dispensation, possession, and use of cannabis for medical
purposes. Cities, towns, and counties or other municipalities may
enact only those laws, ordinances, regulations, and rules relating to
the medical use of cannabis that are consistent with this chapter and
state administrative rules adopted pursuant to it. Local laws,
ordinances, regulations, and rules that are inconsistent with the
requirements of state law and regulations adopted pursuant to this
chapter shall not be enacted and are preempted and repealed,
regardless of the nature of the code, charter, or home rule status of
the city, town, county, or municipality.
Sec. 36. RCW 69.51A.900 and 1999 c 2 s 1 are each amended to read
as follows:
This chapter may be known and cited as the Washington state
medical use of ((marijuana)) cannabis act.
NEW SECTION. Sec. 37. RCW 69.51A.080 (Adoption of rules by the
department of health--Sixty-day supply for qualifying patients) and
2007 c 371 s 8 are each repealed.
NEW SECTION. Sec. 38. Sections 7 through 10, 13 through 15, and
17 of this act are each added to chapter 69.51A RCW.