2011 Senate Bill 5073: Clarifying the law concerning medical marijuana use

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Introduced by Sen. Jeanne Kohl-Welles (Seattle) (D) on January 12, 2011, to amend and clarify the law on the medical use of cannabis (marijuana) so that qualifying patients and designated providers who comply with the law will not be subject to arrest or prosecution, other criminal sanctions, or civil consequences based solely on their medical use of cannabis, and provides that patients will have access to an adequate, safe, consistent, and secure source of medical quality marijuana. The bill defines, and clarifies the provisions related to prescribing, selling, and using medical marijuana. (Companion: HB 1100).
- Referred to the Senate Health & Long-Term Care Committee on January 12, 2011.
  - Substitute offered in the Senate on February 10, 2011, to change the number of patients who may participate in a collective garden from 25 to three. The section providing employment protections to medical cannabis patients is removed. The section on housing protections is modified to permit housing providers who enact smoke free housing provisions to apply those prohibitions to smoking cannabis and to permit drug and alcohol free housing to prohibit medical use of cannabis Removes a sales tax exemption for purchases at dispensaries. Law enforcement may access the registry when they have a suspicion of criminal activity. The substitute passed by voice vote in the Senate on February 10, 2011.
- Referred to the Senate Ways & Means Committee on February 10, 2011.
  - Substitute offered in the Senate on February 25, 2011, to remove quarterly visits to the authorizing healthcare professional and quarterly reporting requirements. Healthcare professionals may only authorize medical use of cannabis if they have a documented relationship with the patient. Healthcare professionals cannot be co-located with a dispensary and cannot receive any financial reimbursement from producers, processors, or dispensers. They cannot examine a patient solely to authorize cannabis. The requirement that dispensaries be a non-profit is removed. The substitute passed by voice vote in the Senate on February 25, 2011.
- Referred to the Senate Rules Committee on February 28, 2011.
  - Amendment offered by Sen. Mike Carrell (Lakewood) (R) on March 2, 2011, to clarify that a health care professionals may not have a practice with the primary purpose of authorizing the medical use of cannabis. They also may not include any statement or reference on the medical use of cannabis in any advertisement for their business or practice. Violation of these provisions constitutes unprofessional conduct. The amendment passed by voice vote in the Senate on March 2, 2011.
  - Amendment offered by Sen. Mike Carrell (Lakewood) (R) on March 2, 2011, to stipulate that valid documentation must be an original statement that includes the proper form of cannabis consumption and dosage amounts for the most effective treatment of the terminal or debilitating medical condition. The amendment failed by voice vote in the Senate on March 2, 2011.
  - Amendment offered by Sen. Jim Honeyford (Sunnyside) (R) on March 2, 2011, to require that the Department of Health must adopt rules on the number of dispensaries permitted in any given region of the state. The amendment failed by voice vote in the Senate on March 2, 2011.
  - Amendment offered by Sen. Jim Honeyford (Sunnyside) (R) on March 2, 2011, to require that the Department of Health must adopt rules on maximum amounts of cannabis and cannabis products that may be kept at one time at a dispensary. These rules must consider the security of the facility as well as the surrounding community. The amendment passed by voice vote in the Senate on March 2, 2011.
  - Amendment offered by Sen. Jeanne Kohl-Welles (Seattle) (D) on March 2, 2011, to clarify that the advertising of cannabis for sale to the general public is prohibited. Newspapers and magazines are not subject to penalties for disseminating advertising in good faith without knowledge that the advertising promotes or tends to promote the use or abuse of cannabis. The amendment passed by voice vote in the Senate on March 2, 2011.
  - Amendment offered by Sen. Linda Evans Parlette (Wenatchee) (R) on March 2, 2011, to establish a single registry to include patient and licensee information. The amendment passed by voice vote in the Senate on March 2, 2011.
  - Amendment offered by Sen. Tim Sheldon (Potlach) (D) on March 2, 2011, to require licensed dispensers to be approved by a city, county, or town before selling cannabis in that city, county, or town. The amendment passed by voice vote in the Senate on March 2, 2011.
  - Amendment offered by Sen. Tim Sheldon (Potlach) (D) on March 2, 2011, to clarify that dispensaries must be nonprofit medical organizations and must be licensed and approved by the counties and cities in which they are located. The amendment passed by voice vote in the Senate on March 2, 2011.
Passed 29 to 20 in the Senate on March 2, 2011, amend and clarify the law on the medical use of cannabis (marijuana) so that qualifying patients and designated providers who comply with thelaw will not be subject to arrest or prosecution, other criminal sanctions, or civil consequences based solely on their medical use of cannabis; and that patients will have access to an adequate, safe, consistent, and secure source of medical quality marijuana. The bill defines, and clarifies the provisions related to prescribing, selling, and using medical marijuana. This bill provides that up to three persons may participate in a collective garden; health care professionals may not have a practice primarily for prescribing medical marijuana; health care professionals may only prescribe medical marijuana to patients with whom they have a documented relationship; the Department of Health must adopt rules regarding the amount of cannibis that may be kept at a single dispensary; advertising to the public by dispensaries is prohibited; the DOH must maintain a registry of licensees and patients; licensed dispensaries must be approved by local jurisdictions; and, licensed dispensaries must be non-profit organizations.
Who Voted "Yes" and Who Voted "No"
Received in the House on March 4, 2011.
- Referred to the House Health Care & Wellness Committee on March 4, 2011.
  - Amendment offered in the House on March 23, 2011, states that there is no right to health care coverage of medical cannabis by an insurer or state-purchased health care program. Arrest and search protection is established for individuals who are not registered with the Department of Health (DOH), but have valid documentation and are in compliance with other aspects of the bill. Statements that evidence of the presence of cannabis does not constitute probable cause for a search or arrest warrant or a warrantless search or arrest unless an inquiry is made that the person is registered are eliminated. The requirement that licensed dispensers be not-for profit is eliminated. The prohibition against health care professionals examining patients solely or primarily for the purpose of authorizing the use of medical cannabis is eliminated and health care professionals may not have a business which consists solely, rather than "primarily," of authorizing the medical use of cannabis. This amendment also makes other changes related to the DOH registry, alters provisions for collective gardening, exempts members of the National Guard, and modifies requirements for licensed dispensers. The amendment failed by voice vote in the House on March 23, 2011.
- Referred to the House Ways & Means Committee on March 25, 2011.
  - Amendment offered in the House on March 31, 2011, recommends some amendments provided by the policy committee and does not recommend others. The amendment passed by voice vote in the House on March 31, 2011.
- Referred to the House Rules Committee on March 31, 2011.
  - Amendment offered by Rep. John Ahern, (R-Spokane) (R) on April 11, 2011, to replace "cannabis" with "marijuana". The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. John Ahern, (R-Spokane) (R) on April 11, 2011, to prohibit the Secretary of Health from licensing a dispenser located within 1,000 feet instead of 500 feet) of a community center, child care center, elementary or secondary school, or another licensed dispenser. The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. John Ahern, (R-Spokane) (R) on April 11, 2011, to remove provisions authorizing qualifying patients to create and participate in collective gardens. The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. John Ahern, (R-Spokane) (R) on April 11, 2011, to limit the number of licensed dispensers to one per county. The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Glenn Anderson, (R-Fall City) (R) on April 11, 2011, to require the Department of Health (DOH) to reimburse qualifying patients for any pizza consumed by the qualifying patient while he or she was under the influence of medical cannabis. Requires the DOH to reimburse the patient no later than five business days after the patient submits a receipt for the pizza. Prohibits the DOH from reimbursing the patient for delivery charges, gratuities, or toppings in excess of three. Defines "pizza" as a pie with a bread crust topped with tomato sauce, cheese, and various toppings. Clarifies that "pizza" includes Chicago style deep dish, New York style thin crust, and stuffed crust. The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Barbara Bailey (Oak Harbor) (R) on April 11, 2011, to remove all authority for the Department of Health (DOH) and the Department of Agriculture DOA) to license producers, processors, and dispensers of cannabis for medical use. Removes the authority for qualifying patients and designated providers to establish collective gardens and to produce cannabis for medical use privately. The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Barbara Bailey (Oak Harbor) (R) on April 11, 2011, to require that, in order to be a qualifying patient, a person be either: at least 18 years old, younger than 18 and have the written consent of, in order of priority, an appointed guardian, a court-appointed to consent for the medical care of certain children in out-of-home placement, parents, an individual authorized by the minor's parent, or a competent adult relative responsible for the minor's health care, or an emancipated minor. The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Barbara Bailey (Oak Harbor) (R) on April 11, 2011, to prohibit the use of cannabis for medical purposes in the presence of a person less than 18 years old or in an area where a person who is less than 18 years old would be subjected to second hand smoke. The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Eileen Cody (D) on April 11, 2011, to specify that the documented relationship between a qualifying patient and health care professional may either be newly initiated or existing and in the capacity of either a primary care provider or a specialist. The amendment also specifies that for qualifying patients in the registry to receive search, arrest, and prosecution protections and qualifying patients not in the registry, but with valid documentation, to receive custody and booking and an affirmative defense at trial, the investigating police officer must not have observed evidence of specified circumstances, including an unlicensed cannabis operation, theft of electrical power, other illegal drugs, numerous short-term visits consistent with commercial activity, and noncannabis-related crimes and removes the prohibition against opening a package of cannabis or consuming cannabis in a public place in a way that presents a reasonable risk of another person observing and identifying the substance, among many other things. The amendment passed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Christopher Hurst, (Enumclaw) (D) on April 11, 2011, to remove the protections from searches for qualifying patients registered with the Department of Health (DOH). Removes protections from being taken into custody or booked into jail for qualifying patients with valid documentation, but who are not registered with DOH, among other things. The amendment passed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Christopher Hurst, (Enumclaw) (D) on April 11, 2011, to remove the requirement that a peace officer contact a person and that the person provide information necessary to verify his or her registration in the Department of Health (DOH)cannabis registry prior to the peace officer verifying the person's registration. The amendment passed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Brad Klippert, (R-Kennewick) (R) on April 11, 2011, to specify that hotels and motels are not required to accommodate the on-site smoking of cannabis for medical use. The amendment passed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Jim McCune, (R-Graham) (R) on April 11, 2011, to remove the requirement that jurisdictions within a county coordinate to meet the Department of Health's licensed dispenser allocation. Allows zoning requirements to include moratoria. The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Jim McCune, (R-Graham) (R) on April 11, 2011, to prohibit all licensed producers, licensed processors of cannabis products, and licensed dispensers from employing any person who has a criminal history of having committed a felony and requires that state background checks be conducted on all employees and prospective employees. The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Jim McCune, (R-Graham) (R) on April 11, 2011, to add the following to the list of facilities within 500 feet of which a licensed dispenser may not be located: a teen center, church, public library, family day care provider, public or private agency or organization that services primarily children, public or private park or recreational facility, secure or semisecure facility for juveniles or other juvenile detention facility, or shopping mall. The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Jim McCune, (R-Graham) (R) on April 11, 2011, to require the licensed producers, licensed processors, and license dispensers to have on-site security twenty-four hours per day. The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Jim McCune, (R-Graham) (R) on April 11, 2011, to require licensed dispensers to ensure that no cannabis or cannabis paraphernalia may be viewed from outside the facility. The amendment passed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Jim McCune, (R-Graham) (R) on April 11, 2011, to require the advice a health care professional provides to a qualifying patient about the risks and benefits of the medical use of cannabis to be in writing. Requires a licensed dispenser to provide written notice to a qualifying patient or designated provider of the risks and benefits of the medical use of cannabis prior to selling or providing cannabis to the qualifying patient or designated provider. The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Terry Nealey, (R - Dayton) (R) on April 11, 2011, to remove the part of the definition of "terminal or debilitating medical condition" related to diseases that result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when those symptoms are not relieved by standard treatments or medications. The amendment failed by voice vote in the House on April 11, 2011.
  - Amendment offered by Rep. Terry Nealey, (R - Dayton) (R) on April 11, 2011, to eliminate the authority for qualifying patients and designated providers to engage in the private, unlicensed, noncommercial production of cannabis for medical use. The amendment failed by voice vote in the House on April 11, 2011.
Passed 54 to 43 in the House on April 11, 2011, to establish a regulatory system for producing, processing, and dispensing cannabis intended for medical use.
Who Voted "Yes" and Who Voted "No"
Received in the Senate on April 21, 2011, Senate concurred with the House amendments. Passed 27 to 21 in the Senate on April 21, 2011.
Who Voted "Yes" and Who Voted "No"
Signed with partial veto by Gov. Christine Gregoire on April 29, 2011, deleting the sections in Part VI, Part VII, and Part VIII of the bill that would direct employees of the state departments of Health and Agriculture to authorize and license commercial businesses that produce, process or dispense cannabis. These sections would open public employees to federal prosecution, and the United States Attorneys have made it clear that state law would not provide these individuals safe harbor from federal prosecution. No state employee should be required to violate federal criminal law in order to fulfill duties under state law.

Comments

Re: 2011 Senate Bill 5073 (Clarifying the law concerning medical marijuana use) by HappyLiberal on March 12, 2012

It's about time! Tax it to bring in needed revenue and relieve proson overcrowding of folks whose only crime is weed. Two problems solved.

Re: 2011 Senate Bill 5073 (Clarifying the law concerning medical marijuana use) by M_DragonKnight on February 2, 2012

What we really need is the legislature to stop doing whatever drugs they are doing when they passed this and to focus on the issue at hand. the state budget.

That being said. The only people who should be selling this "legal pot" should be pharmicists, or state owned stores (that will keep those people who are unhappy about closing state liquor stores happy). Just think WA can out californicate california by having state stores whose only interest is to deal in pot and pot merchandise.

Re: 2011 Senate Bill 5073 (Clarifying the law concerning medical marijuana use) by Lainie59 on January 30, 2012
I think this bill is moot since I believe the people will vote this November to legalize pot.

After all, we already have many who moved up here after they bankrupted California and they are mostly rich liberals who believe all vices should be legalized and funded by those paying taxes. Of course, so do all of the liberals in our state government.

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