Is medical marijuana legal in Washington? I've heard conflicting answers to this question.
Marijuana possession is illegal in Washington. The medical marijuana law, Chapter 69.51A, provides protection from arrest or other criminal sanctions for qualified patients and designated caregivers who are complying with the law. People who qualify have a valid reason to possess a 60-day supply of marijuana. However, medical marijuana is not legal under federal law. There is no protection for people who are arrested or charged under federal law.I heard the Obama Administration has legalized medical marijuana. Is that true?
No. U.S. Deputy Attorney General James Cole announced updated formal guidelines for federal prosecutors in states that have laws allowing the use of medical marijuana. The guidelines do not legalize medical marijuana. The president directed federal prosecutors to consider appropriate medical use when making criminal charging decisions. The guidelines only provide direction for prosecutors when reviewing medical marijuana cases.How can I find out if I qualify to be a medical marijuana patient?
Talk to your health care provider. The law includes a very specific list of qualifying conditions you must have before a doctor, physician assistant, advanced registered nurse practitioner, or naturopath can recommend medical marijuana. In addition to those conditions in the law, chronic renal failure was added by petition in 2010.Do I have to register with or obtain a card from the state?
No. If you are a qualifying patient with a valid written recommendation from your healthcare provider, that’s all you need.What type of healthcare providers can recommend marijuana for qualifying conditions?
The following providers may recommend marijuana:- Medical Doctors (MDs)
- Physician Assistants (PAs)
- Osteopathic Physicians (DOs)
- Osteopathic Physician Assistants (OA)
- Naturopathic Physicians (ND)
- Advanced Registered Nurse Practitioners (ARNPs)
Can a healthcare provider from another state recommend marijuana for me?
Not unless the provider is also licensed in Washington. The law says the healthcare provider must be licensed in Washington.Can I get a list of providers in my area that will recommend marijuana?
The Department of Health does not have this information.What is a valid written recommendation?
As of June 10, 2010, recommendations must be written on tamper-resistant paper. They must include an original signature by the healthcare provider, a date, and a statement that says in the healthcare provider's professional opinion the patient may benefit from the medical use of marijuana. The 2010 law change also prohibits the use of a copy of the patient's medical records in lieu of a recommendation.Does my written recommendation expire?
Your written recommendation only expires if your healthcare provider has included an expiration date on it. If you change healthcare providers, you might consider asking about a new recommendation.Is my recommendation still valid if it was written before June 10, 2010?
Yes. It is still valid unless your healthcare provider has included an expiration date.Is my recommendation considered a prescription if it is written on tamper-resistant paper?
No. Healthcare providers cannot write prescriptions for medical marijuana. They may only write recommendations that a patient has a medical condition that would benefit from the medical use of marijuana.How do I get medical marijuana? Can I buy it?
The law allows a qualifying patient or designated provider to grow medical marijuana. It is not legal to buy or sell it.Are dispensaries legal?
No. The law does not allow dispensaries. The law only allows qualifying patients and designated providers to possess medical marijuana; the new law allows qualifying patients and designated providers to participate in collective gardens.How much medical marijuana can I have?
A qualifying patient or designated provider may have a 60-day supply of medical marijuana. A 60-day supply is defined as 24 ounces and 15 plants under RCW 69.51A.040. The law says that a patient may exceed these limits if he or she can prove medical need. However, the law only allows for an affirmative defense (and not protection from arrest or prosecution) if the limit is exceeded and the patient is complying with the law.How do I become a designated provider?
A designated provider must be at least 18 years old and must be designated in writing by the qualifying patient. A designated provider can only be a provider for one patient at any one time. Chapter 69.51A sets limitations on becoming a designated provider and ending a relationship as a designated provider.Can I be a patient and a designated provider?
Yes.Why are bipolar disorder, depression, and anxiety not included in the list of qualifying conditions?
The Medical Quality Assurance Commission, in consultation with the Board of Osteopathic Medicine and Surgery, has the authority to add qualifying conditions to the current list. The commission has received petitions to add these conditions to the list of qualifying conditions. The commission has denied the requests, citing a lack of scientific evidence supporting improved health outcomes from the use of medical marijuana for those conditions. You can find the commission's and board's decision on the latest petition in the Final Order.How do I request to add a condition to the list of qualifying conditions?
Anyone may petition the commission to add a condition to the list. By law, the commission will consult with the Board of Osteopathic Medicine and Surgery. For more information about this process, you may contact the commission at:- Medical Quality Assurance Commission
P.O. Box 47866
Olympia, WA 98504-7866
Am I protected if I travel to other states with my recommendation?
Some states may allow use a medical marijuana recommendation from Washington. Washington medical marijuana patients should check with other states before traveling and comply with the laws in the other state. Healthcare provider recommendations, ID cards, and other documentation from other states are not legal in Washington.I have questions that the Department of Health cannot answer. For example: Can I rent my house to a medical marijuana patient? Do I have rights as a tenant? What about using medical marijuana around children? Can I be fired from my job if I use medical marijuana? How do I get help finding the answers?
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RCW 69.51A.010Definitions. |
(1) "Designated provider" means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in writing by a patient to serve as a designated provider under this chapter;
(c) Is prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as designated provider; and
(d) Is the designated provider to only one patient at any one time.
(2) "Health care professional," for purposes of this chapter only, means a physician licensed under chapter 18.71 RCW, a physician assistant licensed under chapter 18.71A RCW, an osteopathic physician licensed under chapter 18.57 RCW, an osteopathic physicians' assistant licensed under chapter 18.57A RCW, a naturopath licensed under chapter 18.36A RCW, or an advanced registered nurse practitioner licensed under chapter 18.79 RCW.
(3) "Medical use of marijuana" means 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.
(4) "Qualifying patient" means a person who:
(a) Is a patient of a health care professional;
(b) Has been diagnosed by that health care professional as having a terminal or debilitating medical condition;
(c) Is a resident of the state of Washington at the time of such diagnosis;
(d) Has been advised by that health care professional about the risks and benefits of the medical use of marijuana; and
(e) Has been advised by that health care professional that they may benefit from the medical use of marijuana.
(5) "Tamper-resistant paper" means paper that meets one or more of the following industry-recognized features:
(a) One or more features designed to prevent copying of the paper;
(b) One or more features designed to prevent the erasure or modification of information on the paper; or
(c) One or more features designed to prevent the use of counterfeit valid documentation.
(6) "Terminal or debilitating medical condition" means:
(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) Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; or
(e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or
(f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; or
(g) Any other medical condition duly approved by the Washington state medical quality assurance commission in consultation with the board of osteopathic medicine and surgery as directed in this chapter.
(7) "Valid documentation" means:
(a) A statement signed and dated by a qualifying patient's health care professional written on tamper-resistant paper, which states that, in the health care professional's professional opinion, the patient may benefit from the medical use of marijuana; and
(b) Proof of identity such as a Washington state driver's license or identicard, as defined in RCW 46.20.035.
[2010 c 284 § 2; 2007 c 371 § 3; 1999 c 2 § 6 (Initiative Measure No. 692, approved November 3, 1998).]
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