This frequently asked questions document will be updated periodically. If you
have a question, please submit it to
MedicalMarijuana@doh.wa.gov, and it may be added to this list.
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Q. |
What does Washington's medical marijuana law do?
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Washington’s medical marijuana law (Chapter
69.51A RCW) was enacted by voters in 1998 as an initiative.
It allows doctors to
legally recommend medical marijuana to patients for some medical
conditions. Under state law, patients may possess a 60-day supply of
medical marijuana if it is based on a doctor’s written
recommendation. However, a 60-day supply has not yet been defined in
law or rule.
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Q.
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Why is the law being changed?
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Lawmakers made changes to medical marijuana laws through
Engrossed Substitute Senate Bill 6032.
Their goal was
to make clearer that patients should not be prevented from lawfully
using medical marijuana and that doctors should use their best
judgment in recommending it to their patients. The bill also
described how designated providers can aid patients and gave better
direction to law enforcement about medical marijuana use.
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Q. |
What are the key changes to Washington's medical marijuana law?
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A. |
Lawmakers made the following major changes:
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- “Primary caregivers” were renamed
“designated providers” and were defined as people:
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The Medical Quality Assurance Commission (MQAC) added several conditions that
lawmakers rolled into the law, including Crohn’s disease, Hepatitis C, and
diseases that include nausea and vomiting, like anorexia, when standard care is
not effective.
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MQAC will now consult with the Board of Osteopathic Medicine and Surgery to
decide if new conditions should be approved for the use of medical marijuana.
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The language in the written documentation that physicians issue to patients
was changed to state that the patient “may benefit from the medical use of
marijuana.”
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If a local or state law enforcement officer stops a person who lawfully
possesses medical marijuana, the officer can document the amount and take a
sample for testing, but he or she cannot seize the marijuana. In this situation,
the officer cannot be held civilly liable for not seizing the marijuana.
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Q. |
Specifically, what did lawmakers ask the Department of Health to do? |
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A. |
The Department received two assignments from lawmakers:
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Write rules to better define what is a 60-day supply of medical
marijuana.
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Report to the
legislature by July 1, 2008 on different ways patients could
gain access to adequate and safe sources of medical marijuana.
The report is to be based on research, expert advice and public
input, and the best practices of other states.
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Q. |
How will the 60-day supply rules be made?
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A. |
Rules are written requirements called Washington Administrative Codes (WACs).
To adopt a rule an agency must have legislative authority and must follow the
state law called the Administrative Procedures Act (Chapter
34.05 RCW). There are three steps in the process:
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The first is the Preproposal Statement of Inquiry (or
CR-101). This is the
notice that an agency intends to make a rule. There is no draft language at this
point. After paperwork is filed with the Code Reviser’s Office, one or more
stakeholder meetings are held to gather stakeholder input.
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The second is the Notice of Proposed Rulemaking (or CR-102). This is when
official DRAFT language is filed with the Code Reviser’s Office. Formal rule
hearings are conducted on the proposed rules.
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The third is the Rulemaking Order (or CR-103), where a rule is adopted. Rule
language is finalized and filed with the Code Reviser’s Office.
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Q. |
Who are the interested parties on the rules and study?
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A. |
The Department wants to receive input from everyone who is interested in the study and
the rules. This includes patients using medical marijuana, advocacy groups,
doctors who recommend medical marijuana, law enforcement agencies, and other
state agencies.
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Q. |
When are the rules and the study to be completed?
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A. |
Lawmakers designated that both must be completed by July 1, 2008.
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Q. |
How can we access the study, once it is completed?
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A. |
Once the final report has been sent to the legislature, we will post it on
our website. We will send an e-mail to the interested parties list with
directions on how they can view the study.
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Q. |
Isn't the use of medical marijuana still illegal at the federal level?
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A. |
Yes. While the recent law changes add protections for patients and
clarification for providers and state & local law enforcement, it does not
change the fact that the federal government still considers marijuana an illegal
drug for any purpose. This creates challenges for all of us – patients, doctors,
law enforcement, and state agencies.
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Q. |
How can I
comment on the rules and study? |
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A. |
Here’s how you can provide input: |
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Come to one of our four
public workshops to be held around the state in
mid-September (watch the website for more details).
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E-mail us at
MedicalMarijuana@doh.wa.gov
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Post your comment.
Note: attachments cannot be posted to this website. If you
would like to send an attachment, please email us at the email
address above.
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Send your comments to:
Department of Health
PO Box 47866
Olympia, WA 98504-7866
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Fax
your comments to (360) 236-4768
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Q. |
How can I keep informed about the rules and the study?
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A. |
The Department
wants to make it easy for people to get information on the rules and
the study. The web site will be updated regularly. In addition, we
will send regular e-mails to the interested parties list.
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Q. |
How can I get onto the interested parties list?
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A. |
Getting on the interested parties list is easy. Simply send your contact
information to
MedicalMarijuana@doh.wa.gov.
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