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01-23-2010, 07:36 AM #28
Senior Member
THC-Foundation or American Heritage?
Doctortree,
Here is the OTIS case located in the legal section and what the court case established about the authorization issue.
WA(6)[6] Controlled Substances ?? Marijuana ?? Medical Use Act ?? Affirmative Defense ?? ??Valid Documentation? ?? Averment of Benefits Outweighing Risks ?? Sufficiency ?? Test. The valid documentation required by former RCW 69.51A.040(4)(c) (1999) and defined by former RCW 69.51A.010(5)(a) (1999) to establish the medical marijuana primary caregiver defense to a marijuana-related charge may be satisfied by a physician's statement that, by a fair reading, generally conveys the physician's professional opinion that the benefits of a qualifying patient's medical use of marijuana outweigh the risks to the patient. The statutory scheme does not necessarily require ??valid documentation? to contain the exact language set forth in former RCW 69.51A.010(5)(a).
Also the court explains in detail about the medical records info. must contain, verses having an authorization handy for LEO. I do realize this is a caregiver case but, the lingo is established in this case.
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