Date: Wed, 25 Feb 98 11:32:36 -0800
From: Citizens for Drug Policy Reform <cdpr@eventure.com>
Subject: WCMR Final Draft

Washington Citizens for Medical Rights
Washington State Medical Use of Marijuana Act

BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:

NEW SECTION: Sec. 1. Title.
This act shall be known and may be cited as the Washington State Medical
Use of Marijuana Act.

NEW SECTION. Sec. 2. Purpose and Intent.
The People of Washington State find that some patients with terminal or
debilitating illnesses, under their physician's care, as defined in this
act, may benefit from the medical use of marijuana. Some of the
conditions 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 marijuana for use by patients with terminal or
debilitating conditions, as defined under this act, is a personal,
individual decision, based upon the physician's professional medical
judgment and discretion.

Therefore, the people of the State of Washington intend that:

Qualifying patients with terminal or debilitating conditions, as defined
by this act, who, in the judgment of their physicians, would benefit from
the use of medical 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, as defined under
this act, 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.

NEW SECTION. Sec. 3. Non-Medical Purposes Prohibited.
1.  Nothing in this act shall be construed to supersede Washington State
law prohibiting the acquisition, possession, manufacture, sale, or use of
marijuana for non-medical purposes.

NEW SECTION. Sec. 4. Protecting physicians authorizing the use of medical
marijuana.
A physician licensed under chapter 18.71 RCW or chapter 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.

NEW SECTION. Sec. 5. Protecting qualifying patients and primary
caregivers.
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 hereunder. Any person meeting the
requirements appropriate to his or her status under this act shall be
considered to have engaged in activities permitted by the act 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, as that term
is defined in this act;
(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 the requirements of section 5(2) (a) and (c) of this act; provided,
however, that any possession under section 5(2)(b) of this act, 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, as that term is defined in this act;
(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 act, 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.

NEW SECTION. Sec. 6. Definitions.
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 to address his or her terminal
or debilitating condition.
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; and
(c) has been designated in writing by a patient to perform the duties of
primary caregiver under this act.
3. "Qualifying Patient" means a person who:
(a) is a bona fide patient of a physician licensed under chapter 18.71
RCW or 18.57 RCW;
(b) has been diagnosed by that physician as having a terminal or
debilitating 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 immune deficiency (HIV) disease, multiple sclerosis,
epilepsy or other seizure disorder, or spasticity disorders; or
(b) intractable pain, limited for the purpose of this act to mean pain
unrelieved by standard medical treatments and medications; or
(c) glaucoma, either acute or chronic, limited for the purpose of this
act 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 act.
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.

NEW SECTION. Sec. 7. Additional protections.
1. The lawful possession or manufacture of medical marijuana as
authorized by this act 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 it's use as authorized by this act.
3. The state shall not be held liable for any deleterious outcomes from
the medical use of marijuana by any qualifying patient.

NEW SECTION. Sec. 8.  Restrictions, and Limitations Regarding the Medical
Use of Marijuana.
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 act shall require any health insurance provider to be
liable for any claim for reimbursement for the medical use of marijuana.
3. Nothing in this act shall require any physician to authorize the use
of medical marijuana for a patient.
4. Nothing in this act shall require any accommodation of any medical use
of marijuana in any place of employment, in any school bus or on any
school grounds, or in youth center.
5. It shall be 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 section
6(5)(a).
6. No person shall be entitled to claim the affirmative defense provided
in Section 5 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.

NEW SECTION. Sec. 9. Addition of Medical Conditions.
The Washington State Medical Quality Assurance Board, 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 act. In
considering such petitions, the Washington State Medical Quality
Assurance Board shall include public notice of, and an opportunity to
comment in a public hearing upon, such petitions. The Washington State
Medical Quality Assurance Board 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.

NEW SECTION. Sec. 10. Severability.
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.

Campaign Coordinator
Citizens for Drug Policy Reform
Postal Box 9765
Seattle, WA 98109
ph: 206.781-6795
fx: 206.324.3101