Warning to washington medical marijuana patients

[Michael420]

There is no proof that Steve is a rat. He has a right to run his business the way he sees fit , along with everyone else.

Yep. I couldn't agree more. This is senseless and I'm rather embarrassed that I let myself be baited like that. I'm sick and tired and I'm fed up, too, which I guess is plain to see. So, I'm back to plan A. Plan A is the "Steve who?" plan. That's the one where I do my best and he does his worst and we see who winds up where.

Plan A has a very strict requirement that no time is wasted on old business.

I'm gonna stick with that plan.

Good luck, Steve. Don't take any wooden nickels.

Peace, people.

[sandybarr]

Contact your legislator and pressure them to allow the pot clubs to operate in the same manner as the pot doc's.Then it will be legal for the have nots to get their medicine from a legitimate source.They should have offered a referendum for us to vote on,but they didn't.Maybe next year.

[sandybarr]

Referendum: 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, in order to provide a safe legal supply of medical marijuana to patients that can not grow marijuana for themselves. This Referendum would add to 69.51A .005,and 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 â?? 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)â?�Duly Authorizedâ?� 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 activities that have been determined by federal court case law as a legal activity anywhere in the jurisdiction of the U.S NINTH CIRCUIT COURT OF APPEALS.

[gypski]

No I am not advocating using a false name for a doctors authorization. I'm saying if you want to try one of the co-ops that are illegal in Washington, to use a flase name for that. This is the one thing I like about Wash. The authorization is strictly between you and your doctor. No one else has to know.

Ok, then when co-ops become fully legal, no medical co-op is going to accept fake names or aliases period. Maybe some have a problem with people keeping records private. If that's the case, look the next time you go to the doctor's or dentist's and you'll see how freaking secure your records are. A deft burglar would have no problem cracking in. :jointsmile:

If co-ops are assisting medical patients, co-ops need to be able to verify they are valid. So if they want to comport with the law, don't accept aliases or any nom de guerre or nom de plumes. Maybe a back alley dealer might go that route but no legitimate non-profit co-op. :thumbsup:

[gypski]

Who the hell is trying to bring New Mexico's system into Washington????? We don't want a state medical ID system. We do want a degree of privacy, but with legitimate, non-state or government run co-ops or dispensaries. Keep the government out except for their sales or business license taxes. They fuck up everything they get involved in. :thumbsup:

Referendum: 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, in order to provide a safe legal supply of medical marijuana to patients that can not grow marijuana for themselves. This Referendum would add to 69.51A .005,and 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 â?? 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)â?�Duly Authorizedâ?� 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 activities that have been determined by federal court case law as a legal activity anywhere in the jurisdiction of the U.S NINTH CIRCUIT COURT OF APPEALS.

[killerweed420]

I agree. No state run MMJ dispensaries. Dispensaries she be a cash run business. Show your ID buy some cannabis. That simple. Otherwise your name is on another list and if the winds of politics change again and some idiot outlaws cannabis again the won't bring that list to your front door with a no knock search warrant and start busting heads again. No thanks.

[sandybarr]

This is not a state run system!

The state will license the grower to be a duly authorized state county or city employee,in order to operate legally under federal law as per 885 D of the Federal CSA. New Mexico has sugeested this,and it happens to be one of the suggestions the DOH put forward.It is like waste management in that it is a contracted service.This is the only way to protect patients from federal prosecution.It is the only way to bring this service forward legally.Only people that do not know how to run a business would appose this Act.

Some people prefer the Gray Market situation because they are making ooodles of money.who cares if the patients get tainted pot or gets caught up in a rico act investigation like I did.

This Act will enable us to grow and sell pot to the have nots above board while still maintaining the right to grow your own or have a caregiver grow it for you.The achilles heel in all this are the have nots and the pot clubs.They are not legal period it is nothing more than a black(gray) market drug deal.The way I see it the Green Cross has been either busted themselves or had their growers busted too many times to continue on in a gray market fasion...Only a desperate fool would go to any of the pot clubs right now.

The WSP organized crime unit,and feds are all about tracking this type of activity.The only way to put a stop to all the nonsense is to contract out the service to duly authorized State,County,or City employee's.Then the feds or the WSP organized crime unit can do nothing but move on the the cack heads,and meth heads.

If you do not take adantage of 885 d then you are putting the patients at risk.Even any legislation would have to be written this way.Until the feds reschedule marijuana that is the way it is going to be.

[gypski]

I'll vote against this and work against it. No independence. No state stores with MMJ. Keep the government out. :thumbsup::jointsmile:

[5thHorseMan]

by insisting that way, your only putting it further back. The state is in effect saying that their willing to give mmj a shot, but that growers need to easily accountable.

You are in effect saying that the current situation is preferable, when it's not. I've been on here for a few days so far, and I can't even count the number of posts bickering about whose honest, who isn't, whose legal, whose black market.

I wouldn't go to a doctor that wasn't licensed, I wouldn't get in a car with someone who wasn't licensed, and if I'm gonna get mmj, I'd like the person I'm getting it from to be licensed as well, and their product supervised for my health, and it's effectiveness.

[sandybarr]

Your garbage is not picked up by a government agency,it is contracted out to a business that provides the service. The only thing the government is doing is authorizing a public service in a manner that makes it impossible for the feds or the organized crime units to come after you. I wish there was another way to do this but there isnt. Why authorize someone to grow without offering them the protection of 885 d.That will set everyone up for a bust.That would be exactly what Ed Rosenthal went thru.Since we know from the federal court ruling in that case why he was not able to claim he was providing a government service,we can craft a law that will cover all the bases.The act written above accounts for all of the issues that were exposed by the Ed Rosenthal case. The state law has to say duly authorized employee of a state ,county,or City.I have changed that portion of the law to include duly authorized employee with patient,and care giver.

Under this act there is nothing the feds or WSP can do about growing and selling to the have nots..nothing. Sure the pot clubs won't like it,they like things the way they are.Patients will like it because they will be buying medicine from a legal source without fear of rico act investigations or fear of tainted supply.These contractors will have legal standing and be requires to insure their products and be culpable.

When growing in a legal setting you can grow enough to make the process profitable to offset fee's and taxes.

I won't go to a pot club ever again.You can take your chances, but me I am thru risking an organized crime investigation and having to hire a lawyer,just to get my medicine..Not to mention the people that supply these clubs..who have been getting busted also.Some guy in Kitsap County killed himself after getting caught growing for the green cross. Why continue to go thru this why not do what you need to do to make it all legal. The Act above does that.