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Frequently asked questions about Medical Cannabis in Washington StateIs medical marijuana legal in Washington? I've heard conflicting answers to this question.I heard the Obama Administration has legalized medical marijuana. Is that true?How can I find out if I qualify to be a medical marijuana patient?Do I have to register with or obtain a card from the state?What type of healthcare providers can recommend marijuana for qualifying conditions?Can a healthcare provider from another state recommend marijuana for me?Can I get a list of providers in my area that will recommend marijuana?What is a valid written recommendation?Does my written recommendation expire?Is my recommendation still valid if it was written before June 10, 2010?Is my recommendation considered a prescription if it is written on tamper-resistant paper?How do I get medical marijuana? Can I buy it?Are dispensaries legal?How much medical marijuana can I have?How do I become a designated provider?Can I be a patient and a designated provider?Why are bipolar disorder, depression, and anxiety not included in the list of qualifying conditions?How do I request to add a condition to the list of qualifying conditions?Am I protected if I travel to other states with my recommendation?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?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:
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?There may be other laws that apply to some situations. We suggest obtaining legal advice if you are not sure what the law says. You may also consult groups like the American Civil Liberties Union and the Human Rights Commission. All state laws are on the Washington State Legislative webpage (www.leg.wa.gov). |
Important Links• Washington State Medical Marijuana Law • Addition of Chronic Renal Failure as Qualifying Condition • Petitions to Add Qualifying Conditions Frequently Asked Questions (FAQs)• Governor Gregoire's Petition FAQs Questions? |
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