Q's starting a dispensary in Seattle?

[traumahealer]

I am looking to open a MMD co-op in the Seattle area for those who suffer from a terminal illness (like myself). I have a business plan and the espertise in running a business but I'm hitting major roadblocks in starting a MMD. I know what I want (lets call this A) and how to run it (lets call this C) but what i dont know is the legal/business framework to starting a MMD (lets call this B). How do I get from A to B to C? Can anyone give me some advice on what I need to do to get this started as smoothly as possible? I have contacted attys in the area for help, unfortunately the only advice I have been given deals mostly with the criminal defense of Medical Marijuana users (this is exactly what I hope to avoid) and can only advise what to do if I get raided. Basicly how do I do this without getting busted??

traumahealer Reviewed by traumahealer on 03-10-2009. Q's starting a dispensary in Seattle? I am looking to open a MMD co-op in the Seattle area for those who suffer from a terminal illness (like myself). I have a business plan and the espertise in running a business but I'm hitting major roadblocks in starting a MMD. I know what I want (lets call this A) and how to run it (lets call this C) but what i dont know is the legal/business framework to starting a MMD (lets call this B). How do I get from A to B to C? Can anyone give me some advice on what I need to do to get this Rating: 5

[VapedG13]

Good luck....co-ops are illegal in Washington... If your MMJ qualified its better to get 3-4 good strains (clones) and grow your own.

[traumahealer]

So if co-ops are illegal, how do these other places operate? What RCW law sites co-ops as being illegal? How does someone who lives in an apartment in Seattle get medical marijuana if they dont have room to grow?

[killerweed420]

There has been no law enacted yet for co-ops or dispensaries in Washington.
Its illegal though in certain districts John Law seems to be a little more liberal than in others. But the fact is 1 MJ plant growing without a doctors authorization is an automatic felony.
Here's the laws for MMJ in Washington


Chapter 69.51A RCW
Medical marijuana

Chapter Listing
RCW Sections69.51A.005 Purpose and intent.
69.51A.010 Definitions.
69.51A.020 Construction of chapter.
69.51A.030 Physicians excepted from state's criminal laws.
69.51A.040 Failure to seize marijuana, qualifying patients' affirmative defense.
69.51A.050 Medical marijuana, lawful possession -- State not liable.
69.51A.060 Crimes -- Limitations of chapter.
69.51A.070 Addition of medical conditions.
69.51A.080 Adoption of rules by the department of health -- Sixty-day supply for qualifying patients.
69.51A.900 Short title -- 1999 c 2.
69.51A.901 Severability -- 1999 c 2.
69.51A.902 Captions not law -- 1999 c 2.

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; 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.

[2007 c 371 § 2; 1999 c 2 § 2 (Initiative Measure No. 692, approved November 3, 1998).]

Notes: Intent -- 2007 c 371: "The legislature intends to clarify the law on medical marijuana so that the lawful use of this substance is not impaired and medical practitioners are able to exercise their best professional judgment in the delivery of medical treatment, qualifying patients may fully participate in the medical use of marijuana, and designated providers may assist patients in the manner provided by this act without fear of state criminal prosecution. This act is also intended to provide clarification to law enforcement and to all participants in the judicial system." [2007 c 371 § 1.]

69.51A.010
Definitions.

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) "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.


[2007 c 371 § 3; 1999 c 2 § 6 (Initiative Measure No. 692, approved November 3, 1998).]

Notes: Intent -- 2007 c 371: See note following RCW 69.51A.005.

69.51A.020
Construction of chapter.

Nothing in this chapter shall be construed to supersede Washington state law prohibiting the acquisition, possession, manufacture, sale, or use of marijuana for nonmedical purposes.

[1999 c 2 § 3 (Initiative Measure No. 692, approved November 3, 1998).]

69.51A.030
Physicians excepted from state's criminal laws.

A physician licensed under chapter 18.71 or 18.57 RCW shall be excepted from the state's criminal laws and shall not be penalized in any manner, or denied any right or privilege, for:

(1) Advising a qualifying patient about the risks and benefits of medical use of marijuana 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 physician's medical judgment; or

(2) Providing a qualifying patient with valid documentation, based upon the physician'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.


[2007 c 371 § 4; 1999 c 2 § 4 (Initiative Measure No. 692, approved November 3, 1998).]

Notes: Intent -- 2007 c 371: See note following RCW 69.51A.005.

69.51A.040
Failure to seize marijuana, qualifying patients' affirmative defense.

(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 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 sixty-day 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.

[2007 c 371 § 5; 1999 c 2 § 5 (Initiative Measure No. 692, approved November 3, 1998).]

Notes: Intent -- 2007 c 371: See note following RCW 69.51A.005.

69.51A.050
Medical marijuana, lawful possession — State not liable.

(1) The lawful possession or manufacture of medical marijuana as authorized by this chapter shall not result in the forfeiture or seizure of any property.

(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 or its use as authorized by this chapter.

(3) The state shall not be held liable for any deleterious outcomes from the medical use of marijuana by any qualifying patient.


[1999 c 2 § 7 (Initiative Measure No. 692, approved November 3, 1998).]


69.51A.060
Crimes — Limitations of chapter.

(1) It shall be a misdemeanor to use or display medical marijuana in a manner or place which is open to the view of the general public.

(2) Nothing in this chapter requires any health insurance provider to be liable for any claim for reimbursement for the medical use of marijuana.

(3) Nothing in this chapter requires any physician to authorize the use of medical marijuana for a patient.

(4) Nothing in this chapter requires any accommodation of any on-site medical use of marijuana 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 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(6)(a).

(6) No person shall be entitled to claim the affirmative defense provided in RCW 69.51A.040 for engaging 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.

[2007 c 371 § 6; 1999 c 2 § 8 (Initiative Measure No. 692, approved November 3, 1998).]

Notes: *Reviser's note: The reference to RCW 69.51A.010(6)(a) is erroneous. RCW 69.51A.010(5)(a) was apparently intended.

Intent -- 2007 c 371: See note following RCW 69.51A.005.

69.51A.070
Addition of medical conditions.

The Washington state medical quality assurance commission in consultation with the board of osteopathic medicine and surgery, 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 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 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.

[2007 c 371 § 7; 1999 c 2 § 9 (Initiative Measure No. 692, approved November 3, 1998).]

Notes: Intent -- 2007 c 371: See note following RCW 69.51A.005.
69.51A.080
Adoption of rules by the department of health — Sixty-day supply for qualifying patients.

(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.

[2007 c 371 § 8.]

Notes: Intent -- 2007 c 371: See note following RCW 69.51A.005.

69.51A.900
Short title — 1999 c 2.

This chapter may be known and cited as the Washington state medical use of marijuana act.


[1999 c 2 § 1 (Initiative Measure No. 692, approved November 3, 1998).]


69.51A.901
Severability — 1999 c 2.

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

[1999 c 2 § 10 (Initiative Measure No. 692, approved November 3, 1998).]

69.51A.902
Captions not law — 1999 c 2.

Captions used in this chapter are not any part of the law.

[1999 c 2 § 11 (Initiative Measure No. 692, approved November 3, 1998).]

[VapedG13]

Think about why the Washington State wont legalize co-ops....for the same reason Oregon doesnt.....they want the state to grow and provide MMJ not individuals...theres alot of money to be made in MMJ

Check out this news clip Yahoo!

[devilcowboy3]

I dont know if you are accurate in your information... I myself am part of a co-op here just south of seattle.
A co-op is different than a dispensiary.
A co-op is an individual or group that pools their medical grow 'permits' so they can grow larger amounts in fewer areas. (also to supplement because some people can't/don't grow their own) If you belong to a co-op, i believe you can not grow your own (someone else is growing for you.... unless your the lucky one with XX amount of plants)
If you are looking to start a dispensiary as i think is your question, i know of no one in washington that can help. Our laws still say selling cannabis is illegal, even to patients. Its all in the wording.
If you have any luck in your search for 'B' let me know, as i have also been contemplating an adventure such as this. Until then, maybe you can look a little harder for a co-op... again, I know of at least 3 in or around Seattle

[killerweed420]

Its a bit vague like the rest of the law but the way its written co-ops don't really fit the law.
"69.51A.010
Definitions.

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."

[sandybarr]

We have gone over this topic on other threads.I suggest you go over some of the stuff that has been posted on this.Once you start making money you are creating an environment that cultivates law enforcement investigations.

Rico Act investigations by WSP organized crime units are a fact of life for co ops and dispensaries,and their members or participants here in Washington State.

What you don't know about Rico and organized crime will be be your downfall.If you see this activity here and you don't think that it is being investigated simply because of Satterburg's memorandum,you are mistaken.

On the other hand if you grow your own and have less than 15 plants and 24 OZ,and you show no affiliations,live in King or Pierce county you will be fine.

If you belong to a co op,go to a pot club,live outside King or Pierce county you will more than likely have trouble at some point.Do not mail in any information to a co op or pot club.If you care about the patients you would not be asking them to do this.A phone call to a doctor should be all you need.The only reasons to request information by mail are bad reasons...

[sandybarr]

Unfortunately here in Washington State there are have's and have nots.The Have Not's are THE problem.The law was written to create have not's,so lawyers can feed on cases like seals at the ballard locks feeding on salmon.

The best thing for you to do at this point is write your representative and demand that the state contract the service out to someone like you to do it legally under 885 d.

That is the only way to protect everybody involved.Think of waste management and garbage service as a model only we would pay the contractor 1 dollar a year. This way the protections under 885 d would be there,and the cost would not have to be passed on to the contractor or the patient.

Wanna capitalize on the black market price of marijuana and operate a gray market operation,fine go ahead.You won't get any support from me on that.Like I said read some of my posts you will get know where I stand on that issue.

[smilee101]

Nope sorry your wrong my friend, there are co ops all over seattle that operate LEGALLY!!! Are you even from Washington? I know I am a MMP and have a dispensary that I use. SO yes it is legal and there are at least three that I know of just right off the top of my head. SO..... I hope this helps.

Good luck....co-ops are illegal in Washington... If your MMJ qualified its better to get 3-4 good strains (clones) and grow your own.