Full Text of Washington State Medical Marijuana Act
Chapter 69.51A RCW
69.51A.005 Purpose and intent.
69.51A.010 Definitions.
69.51A.020 Construction of chapter.
69.51A.030 Physicians excepted from state's criminal
laws.
69.51A.040 Qualifying patients' affirmative defense.
69.51A.050 Med. marijuana, lawful possession-State not
liable.
69.51A.060 Crimes-Limitations of chapter.
69.51A.070 Addition of medical conditions.
69.51A.900 Short title-1999 c 2.
69.51A.901 Severability-1999 c 2.
69.51A.902 Captions not law-1999 c 2.
RCW 69.51A.005 Purpose and intent.
The people of Washington
state find that some patients with
terminal or debilitating illnesses, under their
physician's care, may
benefit from the medical use of marijuana. Some of the
illnesses
for which marijuana appears to be beneficial include
chemotherapy-
related nausea and vomiting in cancer patients; AIDS
wasting syndrome; severe muscle spasms associated with
multiple
sclerosis and other spasticity disorders; epilepsy;
acute or chronic
glaucoma; and some forms of intractable pain.
The people find that humanitarian compassion
necessitates
that the decision to authorize the medical use of
marijuana by
patients with terminal or debilitating illnesses is a
personal,
individual decision, based upon their physician's
professional
medical judgment and discretion.
Therefore, the people of the state of Washington intend that:
Qualifying patients with terminal or debilitating
illnesses who, in the
judgment of their physicians, would benefit from the
medical use of
marijuana, shall not be found guilty of a crime under
state law for
their possession and limited use of marijuana;
Persons who act as primary caregivers to such patients
shall
also not be found guilty of a crime under state law for
assisting
with the medical use of marijuana; and
Physicians also be excepted from liability and
prosecution for the
authorization of marijuana use to qualifying patients
for whom, in the
physician's professional judgment, medical marijuana
may prove
beneficial.[1999 c 2 ß 2 (Initiative Measure No. 692, approved
November 3, 1998).]
RCW 69.51A.010 Definitions.
The definitions in this section apply throughout this
chapter
unless the context clearly requires otherwise.
(1) "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.
(2) "Primary caregiver" means a person who:
(a) Is eighteen years of age or older;
(b) Is responsible for the housing, health, or care of
the
patient;
(c) Has been designated in writing by a patient to
perform the duties of primary caregiver under this
chapter.
(3) "Qualifying patient" means a person who:
(a) Is a patient of a physician licensed under chapter
18.71 or 18.57 RCW;
(b) Has been diagnosed by that physician 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 physician about the risks
and benefits of the medical use of marijuana; and
(e) Has been advised by that physician that they may
benefit from the medical use of marijuana.
(4) "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) Any other medical condition duly approved by the
Washington state medical quality assurance board
[commission] as directed in this chapter.
(5) "Valid documentation" means:
(a) A statement signed by a qualifying patient's
physician,
or a copy of the qualifying patient's pertinent
medical records, which states that, in the physician's
professional opinion, the potential benefits of the
medical use of marijuana would likely outweigh the
health risks for a particular qualifying patient; and
(b) Proof of identity such as a Washington state driver's
license or identicard, as defined in RCW
46.20.035.[1999 c 2 ß 6 (Initiative Measure No. 692,
approved November 3, 1998).]
RCW 69.51A.020 Construction of chapter.
Nothing in this chapter shall be construed to supersede
Washington state law prohibiting the acquisition, possession,
manufacture, sale, or use of marijuana for nonmedical
purposes.[
1999 c 2 ß 3 (Initiative Measure No. 692, approved
November 3, 1998).]
RCW 69.51A.030 Physicians excepted from
state's criminal laws.
A physician licensed under chapter 18.71 or 18.57 RCW
shall
be excepted from the state's criminal laws and shall not
be
penalized in any manner, or denied any right or
privilege, for:
(1) Advising a qualifying patient about the risks and
benefits
of medical use of marijuana or that the qualifying
patient may
benefit from the medical use of marijuana where such
use is
within a professional standard of care or in the
individual
physician's medical judgment; or
(2) Providing a qualifying patient with valid
documentation,
based upon the physician's assessment of the qualifying
patient's medical history and current medical condition,
that
the potential benefits of the medical use of marijuana
would
likely outweigh the health risks for the particular
qualifying
patient.[1999 c 2 ß 4 (Initiative Measure No. 692,
approved
November 3, 1998).]
Full Text of Washington State
Medical Marijuana Act
CHAPTER 69.51A RCW
RCW 69.51A.040 Qualifying patients' affirmative
defense.
(1) If charged with a violation of state law relating
to
marijuana, any qualifying patient who is engaged in the
medical use of marijuana, or any designated primary
caregiver who assists a qualifying patient in the
medical use
of marijuana, will be deemed to have established an
affirmative
defense to such charges by proof of his or her
compliance
with the requirements provided in this chapter. Any
person
meeting the requirements appropriate to his or her
status
under this chapter shall be considered to have engaged
in
activities permitted by this chapter and shall not be
penalized
in any manner, or denied any right or privilege, for
such
actions.
(2) The qualifying patient, if eighteen years of age or
older,
shall:
(a) Meet all criteria for status as a qualifying
patient;
(b) Possess no more marijuana than is necessary for the
patient's personal, medical use, not exceeding the
amount necessary for a sixty-day supply; and
(c) Present his or her valid documentation to any law
enforcement official who questions the patient
regarding
his or her medical use of marijuana.
(3) The qualifying patient, if under eighteen years of
age,
shall comply with subsection (2)(a) and (c) of this
section.
However, any possession under subsection (2)(b) of this
section, as well as any production, acquisition, and
decision as
to dosage and frequency of use, shall be the
responsibility of
the parent or legal guardian of the qualifying patient.
(4) The designated primary caregiver shall:
(a) Meet all criteria for status as a primary caregiver
to a
qualifying patient;
(b) Possess, in combination with and as an agent for
the
qualifying patient, no more marijuana than is necessary
for the patient's personal, medical use, not exceeding
the
amount necessary for a sixty-day supply;
(c) Present a copy of the qualifying patient's valid
documentation required by this chapter, as well as
evidence of designation to act as primary caregiver by
the patient, to any law enforcement official requesting
such information;
(d) Be prohibited from consuming marijuana obtained
for the personal, medical use of the patient for whom
the
individual is acting as primary caregiver; and
(e) Be the primary caregiver to only one patient at any
one time.[1999 c 2 ß 5 (Initiative Measure No. 692,
approved November 3, 1998).]
RCW 69.51A.050 Medical marijuana, lawful possession-
State not liable.
(1) The lawful possession or manufacture of medical
marijuana as authorized by this chapter shall not
result in the
forfeiture or seizure of any property.
(2) No person shall be prosecuted for constructive
possession,
conspiracy, or any other criminal offense solely for
being in
the presence or vicinity of medical marijuana or its
use as
authorized by this chapter.
(3) The state shall not be held liable for any
deleterious
outcomes from the medical use of marijuana by any
qualifying
patient.[1999 c 2 ß 7 (Initiative Measure No. 692,
approved November 3, 1998).]
RCW 69.51A.060 Crimes-Limitations of chapter.
(1) It shall be a misdemeanor to use or display medical
marijuana in a manner or place which is open to the
view of
the general public.
(2) Nothing in this chapter requires any health
insurance
provider to be liable for any claim for reimbursement
for the
medical use of marijuana.
(3) Nothing in this chapter requires any physician to
authorize
the use of medical marijuana for a patient.
(4) 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.
(5) It is a class C felony to fraudulently produce any
record
purporting to be, or tamper with the content of any
record for
the purpose of having it accepted as, valid
documentation
under RCW 69.51A.010(5)(a).
(6) No person shall be entitled to claim the
affirmative
defense provided in RCW 69.51A.040 for engaging in the
medical use of marijuana in a way that endangers the
health
or well-being of any person through the use of a
motorized
vehicle on a street, road, or highway.[1999 c 2 ß 8
(Initiative
Measure No. 692,
approved November 3, 1998).]
RCW 69.51A.070 Addition of medical conditions.
The Washington
state medical quality assurance board
[commission], or other appropriate agency as designated
by the
governor, shall accept for consideration petitions
submitted by
physicians or patients to add terminal or debilitating
conditions to
those included in this chapter. In considering such petitions,
the
Washington state medical quality assurance board [commission]
shall include public notice of, and an opportunity to
comment in a
public hearing upon, such petitions. The Washington state medical
quality assurance board [commission] shall, after
hearing, approve
or deny such petitions within one hundred eighty days
of submission.
The approval or denial of such a petition shall be
considered
a final agency action, subject to judicial review.[1999
c 2 ß 9
(Initiative Measure No. 692, approved November 3,
1998).]
RCW 69.51A.900 Short title-1999 c 2.
This chapter may be known and cited as the Washington state
medical use of marijuana act.[1999 c 2 ß 1 (Initiative
Measure No.
692, approved November 3, 1998).]
RCW 69.51A.901 Severability-1999 c 2.
If any provision of this act or its application to any
person or
circumstance is held invalid, the remainder of the act
or the
application of the provision to other persons or
circumstances is
not affected.[1999 c 2 ß 10 (Initiative Measure No.
692, approved
November 3, 1998).]
RCW 69.51A.902 Captions not law-1999 c 2.
Captions used in this chapter are not any part of the
law.[1999
c 2 ß 11 (Initiative Measure No. 692, approved November
3,
1998).]
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