Link to 885 d
DEA, Title 21, Section 885
This is the bill or referendum,that would enable us to conduct the distribution legally under the protection of 885 d.The trick is to get Republicans to support this ,not only for bi partisan support to show the democrats aren't the only ones being soft on crime,but to get the protections from too high of a tax burden.The Republicans need to protect the profitability of legal mmj distribution, just like any other small businesses profitability.
MEDICAL AND INDUSTRIAL MARIJUANA ACT
1. Acting on the recommendations from the Washington State Department of Health outlined in RCW 69.51A.080 (3), to implement a version of the New Mexico system, which would register medical marijuana providers as a duly Authorized employee of the State, Counties, or Cities of Washington, and pay them 1 dollar per year, in order to provide a safe legal supply of medical marijuana to patients that can not grow marijuana for themselves under the immunity of 885 d. This Referendum would add to RCW69.51A .005, and RCW 69.51A.010
2. Redefine the current state schedule for marijuana to remove Medical and Industrial marijuana from Schedule 1 in the Washington State Controlled Substances Act.
RCW 69.51A.080
Adoption of rules by the department of health ?? Sixty-day supply for qualifying patients.
3. (1) By July 1, 2008, the department of health shall adopt rules defining the quantity of marijuana that could reasonably be presumed to be a sixty-day supply for qualifying patients; this presumption may be overcome with evidence of a qualifying patient's necessary medical use.
(2) As used in this chapter, "sixty-day supply" means that amount of marijuana that qualifying patients would reasonably be expected to need over a period of sixty days for their personal medical use. During the rule-making process, the department shall make a good faith effort to include all stakeholders identified in the rule-making analysis as being impacted by the rule.
(3) The department of health shall gather information from medical and scientific literature, consulting with experts and the public, and reviewing the best practices of other states regarding access to an adequate, safe, consistent, and secure source, including alternative distribution systems, of medical marijuana for qualifying patients. The department shall report its findings to the legislature by July 1, 2008.
4. [2007 c 371 § 8.]
RCW 69.51A.005
Purpose and intent.
The people of Washington State find that some patients with terminal or debilitating illnesses, under their physician's care, may benefit from the medical use of marijuana. Some of the illnesses for which marijuana appears to be beneficial include chemotherapy-related nausea and vomiting in cancer patients; AIDS wasting syndrome; severe muscle spasms associated with multiple sclerosis and other spasticity disorders; epilepsy; acute or chronic glaucoma; and some forms of intractable pain.
The people find that humanitarian compassion necessitates that the decision to authorize the medical use of marijuana by patients with terminal or debilitating illnesses is a personal, individual decision, based upon their physician's professional medical judgment and discretion.
Therefore, the people of the state of Washington intend that:
Qualifying patients with terminal or debilitating illnesses who, in the judgment of their physicians, may benefit from the medical use of marijuana, shall not be found guilty of a crime under state law for their possession and limited use of marijuana;
Persons who act as designated providers to such patients shall also not be found guilty of a crime under state law for assisting with the medical use of marijuana;
1. Any Duly Authorized State, County, or City employees licensed to grow medical marijuana for legal medical marijuana patients ; and
Physicians also be excepted from liability and prosecution for the authorization of marijuana use to qualifying patients for whom, in the physician's professional judgment, medical marijuana may prove beneficial.
RCW 69.51A.010
Definitions.
2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Designated provider" means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in writing by a patient to serve as a designated provider under this chapter;
(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.
(2) "Medical use of marijuana" means the production, possession, or administration of marijuana, as defined in RCW 69.50.101(q), for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating illness.
(3) "Qualifying patient" means a person who:
(a) Is a patient of a physician licensed under chapter 18.71 or 18.57 RCW;
(b) Has been diagnosed by that physician 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 physician about the risks and benefits of the medical use of marijuana; and
(e) Has been advised by that physician that they may benefit from the medical use of marijuana.
(4)?Duly Authorized? Means any duly authorized officer: of any State, territory, political subdivision thereof, the District of Columbia, or any possession of the United States, who shall be lawfully engaged in the enforcement of any law or municipal ordinance relating to controlled substances.
(5) "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
(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 as directed in this chapter.
(5) "Valid documentation" means:
(a) A statement signed by a qualifying patient's physician, or a copy of the qualifying patient's pertinent medical records, which states that, in the physician's professional opinion, the patient may benefit from the medical use of marijuana;
(b) Proof of identity such as a Washington state driver's license or identicard, as defined in RCW 46.20.035; and
(c) A copy of the physician statement described in (a) of this subsection shall have the same force and effect as the signed original.
3. [2007 c 371 § 3; 1999 c 2 § 6 (Initiative Measure No. 692, approved November 3, 1998).]
4. Notes:
Intent -- 2007 c 371: See note following RCW 69.51A.005.
Intent;
The legislative intent of this Referendum is to act on the legislative intent outlined in SB 6032 2007-2008.This Referendum would eliminate the gray market sales of medical marijuana, and allow the medical marijuana patients that can not grow marijuana for themselves, to have a safe reliable access to their legal medicine. This process would then be performed by Contractors that are duly authorized employees of the State County or City to perform this service in a legitimate business environment subject to fees and taxes.
The legislative intent of this Referendum is also to remove any obstacles for the growing and manufacturing of medical marijuana and Industrial hemp, by clearly defining the Washington State Controlled substances act, and 69.51A to exclude those activities from criminal punishment, and Schedule 1 of the Washington State CSA.
This Referendum will create new jobs and revenue for Medical marijuana activities that have already been determined by the people of Washington State to be legal acts under state law; and Create new environmentally friendly jobs and revenue for Industrial Hemp,which does not belong in prohibition.
