WASHINGTON STATE MEDICINAL MARIJUANA LAWS

1. What is I-692?

I-692 is the 1998 medical marijuana initiative passed by 59% of Washington voters on November 3, 1998. It is codified as RCW 69.51A.

2. What does I-692 do?

I-692 allows for the medical use of marijuana by patients with certain terminal or debilitating conditions. It authorizes physicians to advise patients about the risks and benefits of the medical use of marijuana. Qualifying patients and their primary caregivers may use the law as an "affirmative defense" in court if they are prosecuted. The law does not protect patients or caregivers from arrest or prosecution, it only allows them to present a medical marijuana defense in court.
I-692 does not affect federal law, which still makes marijuana possession, distribution or manufacture illegal for any purpose.

3. When does I-692 take effect?

In Washington, initiatives take effect 30 days after they are voted on unless otherwise specified by the initiative. This means I-692 went into effect on December 3, 1998.

4. What conditions can marijuana be used for?

I-692 defines "terminal or debilitating medical condition" as:

• (a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or
• (b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or
• (c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or
• (d) Any other medical condition duly approved by the Washington state medical quality assurance board as directed in this chapter.

The Washington State Medical Quality Assurance Commission has added the following conditions:

• Crohn's Disease with debilitating symptoms unrelieved by standard treatments or medications (PDF copy of order, November 5, 1999)
• Hepatitis C with debilitating nausea and/or intractable pain unrelieved by standard treatments or medications (PDF copy of order, January 28, 2000)
• any disease, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, and/or spasticity, when these symptoms are unrelieved by standard treatments or medications (PDF copy of order, June 19, 2000)

Rejected petitions. As part of the June 19, 2000 order adding various diseases to the list, the MQAC denied the inclusion of insomnia and post traumatic stress disorder. On November 22, 2000, the MQAC denied a petition to add manic or chronic depression to the list of conditions (PDF copy of order). On November 19, 2004, the MQAC denied a petition to add depression and severe anxiety to the list of conditions (PDF copy of order).

5. Where can I use medical marijuana?

Medical marijuana can not be used in public. It is a misdemeanor "to use or display medical marijuana in a manner or place which is open to the view of the general public." Additionally, I-692 states "Nothing in this chapter requires any accommodation of any medical use of marijuana in any place of employment, in any school bus or on any school grounds, or in any youth center."

6. How much medical marijuana can I possess at one time?

You can possess no more than a sixty-day supply of medical marijuana. How much marijuana constitutes a sixty-day was not defined by I-692. This is one of the biggest "problems" with Washington's medical marijuana law. In many cases where a patient is arrested, police and prosecutors accept that they are a patient but claim that they have more than a 60-day supply.

7. What if my physician won't recommend medical marijuana?

I-692 states that "Nothing in this chapter requires any physician to authorize the use of medical marijuana for a patient."

In many cases, doctors will not recommend medical marijuana. They often fear the federal government, which has in the past threatened doctors who recommend medical marijuana. However, a federal appeals court ruled in October of 2002 that the government cannot penalize doctors who recommend medical marijuana to their patients. See Conant v. Walters.

If your doctor won't recommend medical marijuana, educate them. If marijuana genuinely helps you for a qualifying condition and your doctor still will not recommend marijuana, you may want to find a doctor whose medical knowledge and advice you trust. Don't look for a "pot friendly" doctor -- most doctors don't want patients coming to them specifically for medical marijuana recommendations. Asking around isn't much help -- few patients will disclose this information out of respect for their doctor, and nobody has a list. Just seek out an intelligent doctor whose medical opinion you respect.

8. Who qualifies as a "primary caregiver"?

A primary caregiver is a person who has been designated in writing by a patient to be responsible for the housing, health or care of a patient. Additionally, a primary caregiver must be over 18 years old.

9. How do I get medical marijuana?

Patients and primary caregivers are allowed to grow medical marijuana. For more information, contact Green Cross Patient Co-op at (206) 762-0630.

10. Where can I get more information?

For a more in-depth guide to I-692, visit the I-692 Guide from Washington Citizen for Medical Rights. More information, including pending legal cases, can be found at CannabisMD.org.

http://www.hemp.net/692faq.html