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HB 2149 - Amends Medical Marijuana Program - Washington Key Vote

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Title: Amends Medical Marijuana Program

Vote Smart's Synopsis:

Vote to pass a bill that amends the medical marijuana program.

Highlights:

  • Requires a qualifying patient to hold a “qualifying patient recognition card” and a designated provider to hold a “designated provider resignation card” in order to comply with the terms and conditions of the medical marijuana laws which prohibit an individual from being arrested or subject to criminal sanctions for the possession or manufacture of marijuana (Sec. 12). 
  • Amends the maximum amount of marijuana a qualifying patient who holds a qualifying patient recognition card and a designated provider who holds a designated provider recognition card may possess as follows (Sec. 12):
    • From 15 marijuana plants to a combination of 3 flowering and 3 nonflowering marijuana plants;
    • From 24 ounces of useable marijuana to 3 ounces of usable marijuana; or
    • From marijuana product that could be reasonably produced with 24 ounces of useable marijuana to marijuana product that could be reasonably produced with 3 ounces of usable marijuana.
  • Authorizes a health care professional to allow a qualifying patient to purchase more than 3 ounces of marijuana under the circumstances described in the provisions of this bill (Sec. 5).
  • Requires a marijuana retailer that holds a medical marijuana endorsement to notify the Board if the retailer intends to serve only qualifying patients and designated providers or serve nonmedical customers in addition to qualifying patients and designated providers beginning May 1, 2015 (Sec. 21).
  • Prohibits more than 5 percent of all marijuana retailers that hold a medical marijuana endorsement from being classified as only serving qualifying patients and designated providers beginning May 1, 2015 (Sec. 21). 
  • Requires the State Liquor Control Board to adopt rules for the general operation of marijuana retailers that hold a medical marijuana endorsement that include the following requirements (Sec. 21): 
    • Verify the identity of a qualifying patient or designated provider;
    • Label the tetrahydrocannabinol concentration and cannabinoids in marijuana products for sale by the retailer; and
    • Record the sales to qualifying patients and designated providers for the purposes of determining the applicable amount of state and local tax exemption.
  • Requires the Department to establish and maintain a system for the records of all individuals who have applied for a qualifying patient recognition card or a designated provider recognition card and authorizes the information to be disclosed in certain circumstances that include, but are not limited to, the following circumstances (Sec. 6):
    • To a peace officer for the purposes of verifying an individual is in lawful possession of a qualifying patient recognition card or a designated provider recognition card; or
    • To an individual authorized to prescribed or dispense controlled substances for the purpose of providing medical care to his or her patients.
  • Repeals certain medical marijuana provisions that include, but are not limited to, the following provisions (Sec. 24):
    • A provision that allowed qualifying patients to form collective gardens which could contain up to 45 marijuana plants; and
    • A provision that authorized an individual to raise affirmative defense if he or she had not registered as a qualifying patient or designated provider as required by law. 
  • Requires the Department and the Board to send a report to the governor and legislature by November 15, 2019 regarding the need for qualifying patients and designated providers to be able to possess their own marijuana plants (Sec. 13).

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