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Sen. Jeanne Kohl-Welles and Rep. Jim Moeller introduce changes to medical marijuana rules

Post by Katie Schmidt on Jan. 11, 2011 at 3:28 pm with 3 Comments »
January 11, 2011 4:19 pm

Sen. Jeanne Kohl-Welles, D-Seattle, and Rep. Jim Moeller, D-Vancouver, announced today that they had introduced a House and a Senate bill to clarify the state’s medical marijuana regulation.

The bills, SB 5073 and HB 1100, would retain the legal limits on marijuana possession in the state, but would require the Department of Agriculture to regulate growing medical marijuana and the Department of Health to license medical marijuana dispensaries.

Changes being considered in Olympia will be closely watched by Tacoma city officials. They want changes in the medical marijuana measure approved by voters. The law doesn’t specifically allow dispensaries, but they have sprouted up in Tacoma and elsewhere, taking advantage of a part of the law that allows patients to designate a provider to act for them.

Kohl-Welles seeks every year to amend the law. According to her announcement, the bills are also intended to protect medical marijuana patients and growers from arrest and warrantless searches.

Here is the full press release announcing the bills:

Kohl-Welles and Moeller introduce comprehensive medical marijuana reforms

OLYMPIA – Today Sen. Jeanne Kohl-Welles, D-Seattle, and Rep. Jim Moeller, D-Vancouver, introduced new legislation to provide clarity and a stronger legal framework to Washington’s existing medical marijuana laws.

Senate Bill 5073 and House Bill 1100 would establish a regulatory system for the sale and purchase of medical marijuana for qualifying patients. Current law established under voter-approved I-692 in 1998 permits patients with specified terminal or debilitating medical conditions to grow medical marijuana for personal use or designate a provider to grow on their behalf. Legislation passed in 2007 resulted in the Department of Health setting the allowable amount of marijuana for medical use, and a measure passed last year allows all health professionals having prescriptive authority to authorize medical marijuana.

Under the new bill, the Department of Agriculture would develop regulations through a public rule-making process for growing medical marijuana.  And, patients would be permitted to purchase medical marijuana products from dispensers licensed by the Department of Health or by taking part in a regulated patient collective.

“There is much ambiguity around our state’s current medical marijuana laws that is resulting in inconsistent enforcement throughout the state,” Kohl-Welles said. “Creating a statutory and regulatory structure for licensing growers and dispensaries will allow us to provide for an adequate, safe, consistent, and secure source of the medicine for qualifying patients, address public safety concerns and establish statewide uniformity in the implementation of the law.” She adds that the bill reflects the tenth draft since last February when she released her first draft. Input from patients, providers, advocates, health professionals, government officials, legislators, law enforcement representatives and others has helped shape the changes included in the bill.

Patients would be exempt from paying sales tax on medical marijuana products, but dispensaries and producers would be required to pay the state Business & Occupation tax.  The legislation would protect legally compliant patients and growers from arrest, search, and prosecution for the use of medical cannabis. Law enforcement would also be required to consult a voluntary registry of patients before conducting warrantless searches or arrests.  Registered patients would be protected against search and seizure unless existing evidence indicated criminal activity was being committed.

“Patients have been questioned and arrested for just having pot in their possession,” Rep. Moeller said. “This law change will clarify what is, and is not medicine and hopefully end the arrests and jail time of patients with legitimate medical needs.”

Other provisions include protecting parental rights of medical marijuana patients and protections against the workplace discrimination of patients.  The current legal limits of up to 15 plants and up to 24 ounces of useable marijuana per patient and one patient per provider remain intact.

Sen. Karen Keiser, D-Kent, chair of the Senate Health and Long-Term Care Committee, applauds the intent and effort to correct the problems patients who use medical cannabis encounter. Keiser says she will hold a public hearing on the proposed legislation next Thursday, January 20th at 1:30pm in Senate Hearing Room 4 of the CherbergBuilding.

“Unfortunately, law abiding users who depend upon medical cannabis are often subject to discrimination,” Keiser said. “This bill works to remedy that situation while creating a strong legal framework to ensure public safety alongside improved service for medical users.”

Leave a comment Comments → 3
  1. brett987654321 says:

    Thank you Senator Kohl-Welles and Rep. Moeller for recognizing the need for a sensible, reasoned approach to medical marijuana. I am sure those who are currently taking advantage of the grey market (and their attorneys)will howl but this issue is about patients and their need for access to effective and safe medicine.

  2. I just think that overall there are more pressing issues for the governing people to be looking after. Didn’t California just make it a civil fine for possesion up to an ounce?? Why let or give more reason for the stuff to come from Mexico. And it will, just like meth and cocaine. People are going to get high if they want to,one way or another.

  3. reformedliberal says:

    In less than a year, recreational cannabis will be legal for all adults in this state, and any regulatory scheme enacted now will turn out to be a waste of time.

    If the Legislature had any sense at all (a very big “if”, I know), it would preempt the voters by legalizing cannabis, and stop wasting everybody’s time and money on this ignorant nonsense.

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