For immediate release: October 1, 2008 (08-167 - revised)

Contacts:
Media inquiries: Tim Church, Communications Office 360-236-4077
Public inquiries: Donn Moyer 360-236-4076

Medical marijuana: health department sets rule defining 60-day supply
Final rule revised in view of public comment

OLYMPIA ¾ The state Secretary of Health signed a final rule today to define a 60-day supply of medical marijuana. The rule sets the supply at 24 ounces of usable marijuana and up to 15 plants. It takes effect November 2.

The Department of Health was ordered by the 2007 Washington Legislature to adopt a rule as part of the changes to the state’s medical marijuana law. The law is based on an initiative passed by state voters in 1998. It allows use of marijuana for “terminal or debilitating illnesses” when recommended by a physician. The law includes a limited number of accepted medical conditions.

“We took a lot of public comment, listened to what people told us, and then made several changes after considering those comments,” said Secretary of Health Mary Selecky. “The final rule is simpler and gives patients and caregivers more flexibility in growing plants. Many patients said they didn’t like the distinction in the draft rule between mature and immature plants. We believe the patients and their caregivers are in the best position to decide that.”

The original draft rule allowed up to 18 immature plants and six mature ones. The new rule simply sets the total number of plants at 15. The 24-ounce total for useable marijuana is more than allowed in some other states, but less than allowed in several California counties. It’s the same as in Oregon.

Existing law limits patients to have a 60-day supply, but does not define supply. This led to confusion among patients, doctors, advocates, and law enforcement. The new rule provides specific guidance on how much product and plant material patients are allowed.

Law enforcement and patients need this clarity. The rules aim to set a supply that is practical and realistic for most medical marijuana users in our state. Under the law, patients are allowed to exceed the limit with evidence of necessary medical use. The amounts in these rules were set after the agency reviewed published studies on the medical use of marijuana; took input from patients, advocates, doctors, law enforcement, and the public; and researched laws and rules of other states that allow the use of medical marijuana.

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