PatientsForPatientsMedical has compiled a listing of what takes effect when under SB5052 – TAKE NOTE, there are changes coming THIS July. Particularly concerning are the new possession limits and the restriction on extraction, both of which take effect THIS JULY.
On April 24, 2015, Gov. Inslee signed 2SSB 5052, the “Cannabis Patient Protection Act”. The act will take effect in three stages. Below are some of the significant changes. We encourage you to read the entire act carefully.
Effective April 24, 2015:
-The department must begin work to establish the database.
-No person under the age of 21 may participate in a collective garden or receive marijuana that is produced, processed, transported or delivered through a collective garden. A valid designated provider age 21 or older may participate in a collective garden on behalf of the patient.
-The LCB may conduct controlled purchases from licensed retailers and collective gardens to ensure they’re not providing marijuana to people under the age of 21.
Effective July 24, 2015:
-Post-traumatic stress disorder and traumatic brain injury are added as qualifying conditions.
-A qualifying condition must be severe enough to significantly interfere with the patient’s activities of daily living and ability to function, which can be objectively assessed and evaluated.
-All new authorizations must be written on a form developed by the department and printed on tamper-resistant paper.
-Patient examinations and re-examinations must be performed in person at the healthcare practitioner’s permanent business location.
-Healthcare practitioners who write more than 30 authorizations per month must report the number to the department.
-Healthcare practitioners cannot have a practice that consists primarily of authorizing the medical use of marijuana.
-No more than 15 plants may be grown in a single housing unit even if multiple patients or designated providers reside there.
-Butane extraction is prohibited unless the person is a processor licensed by the LCB.
Effective July 1, 2016:
-All marijuana producers, processors and retail stores must be licensed by the LCB.
-All marijuana and marijuana products must be tested for safety and THC/CBD levels, accurately labeled, and sold in child-resistant packaging.
-Licensed retail stores may apply for and get a medical marijuana endorsement.
-All authorizations must be written on a form developed by the department and printed on tamper-resistant paper. All other forms of documentation are no longer valid.
-Patients under 18 years of age must have permission from a parent or guardian, and must participate in treatment.
-The database becomes operational.
-Patients and designated providers may be entered into the database by presenting their authorization to a licensed retail store with a medical marijuana endorsement.
-Possession amounts change depending on whether the patient or designated provider is entered into the database:
Entered: May purchase up to three times the current limits at licensed retail store with a medical marijuana endorsement and may possess six plants and eight ounces of useable marijuana; healthcare practitioner may authorize additional plants to a maximum of 15; purchases at retail stores with a medical marijuana endorsement are not subject to sales tax; provides arrest protection.
Not entered: Patient or designated provider can be arrested but has an affirmative defense to criminal prosecution for possession of up to four plants and six ounces of useable marijuana; may not participate in cooperatives; purchases at retail stores limited to amounts for all adults and are subject to sales tax.
-Up to four patients and designated providers may form a cooperative at the residence of one of the members and may grow the total authorized amount for the four members. Cooperatives must be registered with the LCB.
-A healthcare practitioner may sell or donate to patients topical products that have less than 0.3 percent THC.
-Collective gardens under the old law are no longer allowed. New language allows for cooperatives with specific restrictions.
Decision from the Washington Supreme Court: A May 2015 decision by the Washington Supreme Court has clarified that Chapter 69.51A RCW doesn’t legalize the medical use of marijuana. It only provides qualified patients holding a valid recommendation and their designated providers with an affirmative defense to criminal prosecution (State of Washington v. William Michael Reis).
Don’t like this? Sign Initiative 1372 “An Initiative Measure No. 1372 to Protect & Strengthen RCW 69.51A” today! The initiative restores the original provisions from RCW69 and establishes a revenue neutral board to oversee medical cannabis in WA (not the power hungry, corrupt and greedy LCB) along with retaining original possession limits and allowing medical marijuana use for those 18+.