need help with washington medical

[jmj206]

i was just wondering if anyone knew a good site that could clearly define the illness's that qualify for medical marijuana in washington state, im am specifically looking at the qoutation from Chapter 69.51A RCW from the washington state legislature "some forms of intractable pain". I would be grateful for any help because i hate taking pills and am looking for alternative

jmj206 Reviewed by jmj206 on 06-24-2009. need help with washington medical i was just wondering if anyone knew a good site that could clearly define the illness's that qualify for medical marijuana in washington state, im am specifically looking at the qoutation from Chapter 69.51A RCW from the washington state legislature "some forms of intractable pain". I would be grateful for any help because i hate taking pills and am looking for alternative Rating: 5

[gypski]

i was just wondering if anyone knew a good site that could clearly define the illness's that qualify for medical marijuana in washington state, im am specifically looking at the qoutation from Chapter 69.51A RCW from the washington state legislature "some forms of intractable pain". I would be grateful for any help because i hate taking pills and am looking for alternative

Your best bet was to find a doctor who supports and recommends MMJ. He can determine if you illness causes intrasctable pain. Its up to a doctor. :thumbsup:

CBR Medical and TCH are two places to try. :jointsmile:

[killerweed420]

Washington's law like most other states MJ laws are vague. A good doctor can prescribe MMJ for you just based on pain alone.

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).]

[gypski]

I'll add this link clarifying the 60 day supply rule. Its from the state. And reading it, there is no distinction between mature and immature plants with the number of 15. A plant is a plant. :jointsmile:

This should maybe be moved to the Washington state part of the forum.

WAC 246-75-010: Medical marijuana.

[jmj206]

Thanks for the links, the most helpful site that i found was the Americans for Safe Access website.

[EciRonTog]

I'm a California medical cannabis user and was curious about possibly visiting Washington.

I know that my Card from California probably doesn't mean anything up in Washington, but I'm still curious exactly where I stand.

I'm not sure I could even get a card up there just for my trip as it says you have to be a resident.

Though the law does specify seizures and epilepsy directly, which is what I have.

I'm just curious what might happen if I were to get caught for example? Do you think the fact that I am a medical user from California would have any baring on how the cops might react?

Just worried mainly because I really need my Cannabis to control my seizures. If I go more than like 18 hours without smoking I can start to feel an Aura coming on. An Aura is kinda like a DéjÃ* vu type of feeling or like you're just remembering something you dreamed about. It's actually a type of mini-seizure that is usually a warning that a bigger seizure may be imminent. Not fun stuff.

[killthemessngr]

I've worked with a few places, budswa.com, green/emerald cross, and thcf they all can help you with whatever info you need it just depends where your live at and how much hassle you want to deal with

i was just wondering if anyone knew a good site that could clearly define the illness's that qualify for medical marijuana in washington state, im am specifically looking at the qoutation from Chapter 69.51A RCW from the washington state legislature "some forms of intractable pain". I would be grateful for any help because i hate taking pills and am looking for alternative

[killthemessngr]

check out the washington state board of health site and also check out budswa.com they helped me get everything figured out.

[killerweed420]

I think it would really depend oh who you had contact with up here. Some agencies would probably recognize your cali authorization and others might not. Just keep it cool and I think everything would be ok.