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Surviving medical marijuana law includes bad news for dispensaries

Post by Jordan Schrader / The News Tribune on April 29, 2011 at 5:03 pm with 4 Comments »
April 29, 2011 5:03 pm

With Gov. Chris Gregoire’s partial veto, only a few parts of the medical-marijuana bill will become law.

The one that worries dispensaries most has to do with how they have justified their existence under a voter initiative that doesn’t specifically legalize them.

The stores say they are acting as “designated providers,” a category the initiative created to provide marijuana to patients who can’t grow their own. The law said providers can hand out marijuana to “only one patient at any one time,” but dispensaries say that allows them to take one patient after another, immediately.

The new law appears to change that by requiring a 15-day cooling off period in between patients:

(2) A person may stop serving as a designated provider to a given qualifying patient at any time. However, that person may not begin serving as a designated provider to a different qualifying patient until fifteen days have elapsed from the date the last qualifying patient designated him or her to serve as a provider.

To avoid losing protections, the industry, represented by the Washington Cannabis Association, wanted all or nothing. Gregoire gave them neither.

“That was our greatest fear,” said Ezra Eickmeyer, lobbyist for the association, said after the governor’s veto, “and she just did it.”

Leave a comment Comments → 4
  1. CANNAMEDS TACOMA says:

    BE IT DULY NOTED: That CANNAMEDS in Tacoma Washington, in accord with the Laws of Washington State, and in “general practice” with the other “Co-op’s” “Managers” and/or “Agents” and /or “Directors” of “Medical Marijuana Outfitter’s” have been acting as “A Designated Provider” to “only one patient at any one time”.
    Notwithstanding the absence of any legislative opinion or clearly stated legislative intent, CANNAMEDS believes that “Co-op’s” “Managers” “Agents” and/or “Directors” of “Medical Marijuana Outfitters” have unwittingly adopted a “Designated Provider[ship]” pursuant to RCW 69.51A.010(1)(a)(b)(c) and (d), CANNAMEDS believes such adoption follows a line of thinking that replaces the barrenness of the currently drafted laws at RCW 69.51A 2010 c 284 § 2; 2007 c 371 § 3; 1999 c 2 § 6 (Initiative Measure No. 692, approved November 3, 1998). Where insofar as the law fails to denote what defines a “dispensary” “dispenser” “Agent [of the Outfitter]” or any of the such, in an attempt to fall within the law as ambiguously drafted, “Outfitter’s” have opted without legislative directive to be “Designated Providers” CANNAMEDS has opted the same and still does so yet with reservation;
    BE IT FURTHER NOTED: That CANNAMEDS In Tacoma Washington, in accord with the Laws of Washington State, adopts “A Designated Provider[ship]” to “only one patient at any one time” however should the jurisdiction in which CANNAMEDS falls believe that CANNAMEDS does not meet the criteria of a “Designated Provider” “….to only one patient at any one time” CANNAMEDS hereby declares and decrees with reservation, that in such event, our legislative body has not denoted what nor who can administer or even what such an administration process includes, inherently CANNAMEDS is not therefore a “Designated Provider” as provided by chapter RCW 69.51A(1)(a)(b)(c) and (d) and in its stead, CANNAMEDS is an “ADMINISTRATOR OF MEDICAL USE OF MARIJUANA” as declared at RCW 69.51A.010(3) which declares the “Medical Use of Marijuana” as: “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.” In producing, possessing and administering marijuana for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating illness(es) or condition(s), CANNAMEDS agrees to assist patient(s) who meet the criteria outlined in RCW 69.51A and RCW 69.50.101(bb) which provides: (bb) “Ultimate user” means an individual who lawfully possesses a controlled substance for the individual’s own use or for the use of a member of the individual’s household…”
    69.51A.010 Furthers:
    The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

  2. The people have spoken!! We just need people from ALL OVER AMERICA to stand up to our unworthy President, and even more undeserving Congress, and CHANGE the law at the Federal level!! With enough states’ voting to Legalize Marijuana, Congress and Mr.O won’t have a choice……

  3. steilacoomtaxpayer says:

    Whatever is meant by that email from cannamed ( right, you expect we see you as a medical service? Maybe in the same sense that street walkers provide sex therapy)?

    Any case, it now will take over a year to develop an economically business sustaining base of 3 dozen stoners with “medical prescriptions”, but few medical problems. Riches beyond belief after that break point. This great!! Chris is really puttting her foot down.

  4. You will always have others taking advantage of the system

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