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. People who qualify have a valid reason to possess a 60-day supply of marijuana. They may use that reason to defend against a legal action taken under Washington law. However, medical marijuana is not legal under federal law. There is no affirmative defense 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. Attorney General Eric Holder announced 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. The guidelines do not change the laws in Washington state.

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.

Does my written recommendation expire?

Your written recommendation only expires if your doctor has included an expiration date on it. If you change doctors, you may want to consider obtaining a new recommendation.

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.

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
PO Box 47866
Olympia WA 98504-7866

Am I protected if I travel to other states with my recommendation?

Some states may allow you to use your recommendation from Washington when traveling. 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 and the Human Rights Commission. All state laws are on the Washington State Legislative Web page (www.leg.wa.gov).

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