Frequently asked questions about
Medical Marijuana in Washington
State
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 RCW, provides an affirmative defense for
qualified patients and designated caregivers. That means people who
qualify have a valid reason to possess a 60-day supply of marijuana,
and may use that reason to defend against a legal action taken under
Washington law. But medical marijuana is not legal under federal
law. There is no affirmative defense for people who are arrested or
charged under federal law.
How can I find out if I qualify to be a medical marijuana
patient?
Talk to your doctor. The law includes a very specific list of
qualifying conditions you must have before a doctor can recommend
medical marijuana.
Do I have to register with or obtain a card from the state?
No. If you are a qualifying patient with a written recommendation
from your doctor, that’s all you need.
The clinic I went to says I have to purchase a card or permit
from them. Is this true?
No. There are groups or clinics in Washington that may charge a fee
for you to see a doctor, but you are not required to visit a certain
clinic or join an organization to get a medical marijuana
recommendation from a doctor.
Can I get a list of doctors in my area that will recommend
marijuana?
The Department of Health does not have this information.
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.
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
(WAC 246-75-010). The law says that a patient may exceed these
limits if he or she can prove medical need.
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.
Can I be a patient and a designated provider?
The law does not say that a patient may or may not also be a
designated provider. It does say that a designated provider may not
consume a qualifying patient’s medical marijuana.
Why are depression and anxiety not included in the list of
qualifying conditions?
The Medical Quality Assurance Commission has the authority to add
qualifying conditions to the current list. The commission received a
request to add these conditions to the list of qualifying
conditions. The commission denied the request, citing a lack of
scientific evidence supporting improved health outcomes from the use
of medical marijuana for those conditions.
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
Attn: Maryella Jansen, executive director
PO Box 47866
Olympia WA 98504-7866
360-236-2755 (phone)
Am I protected if I travel to other states with my
recommendation?
No. You must comply with the laws in the other state. Doctor
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. All
state laws are on the
Washington State Legislative Web page (www.leg.wa.gov).
.
