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Washington Medical Marijuana Laws

          The Medical Use of Marijuana Act regulates the medical use of marijuana in Washington.  Any qualifying patient may possess, produce and administer marijuana for medicinal use.  A qualifying patient is a person diagnosed by a physician as having a terminal or debilitating illness, and who has been advised by the physician that medical marijuana may alleviate his condition.  Additionally, the person should be a resident of Washington at the time of diagnosis.  Designated provider of the card holder may also assist the patient in medical use of marijuana.

Any person may submit a petition to the Washington state medical quality assurance commission to add any particular disease to the list of terminal and debilitating illness.  The commission in consultation with the board of osteopathic medicine and surgery, or other appropriate agency as designated by the governor, shall accept and consider these petitions.  After a public hearing on the petition, the commission may approve or deny the petition within 80 days of submission.[1] 

It is an affirmative defense to any qualifying patient charged with a violation of state law relating to marijuana that he/she was engaged in the use of marijuana for medical purposes only.  The qualifying patient may possess only such amount of marijuana needed to meet his medical use for a sixty-day supply.[2] However, the defense is not valid if under the influence of medical marijuana the patient operates a vehicle on a street, road, or highway in a way that endangers the health or well-being of any other person.  Any physician recommending the qualifying patient to use medical marijuana may not be penalized in any manner under the state law. 

The Act imposes some restrictions on the medical use of marijuana.  The Act does not permit use of medical marijuana in workplace, school bus or school ground, youth center, correctional center, and the use or display of medical marijuana in a manner that can be easily viewed by the public.  Smoking medical marijuana in public places is also not allowed.[3]

Relevant state law defining “terminal or debilitating condition” 

Rev. Code Wash. (ARCW) § 69.51A.010: Definitions

        (4) “Terminal or debilitating medical condition” means:

      (a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or

      (b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or

      (c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or

      (d) Crohn’s disease with debilitating symptoms unrelieved by standard treatments or medications; or

      (e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or

      (f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; or

      (g) Any other medical condition duly approved by the Washington state medical quality assurance commission in consultation with the board of osteopathic medicine and surgery as directed in this chapter.

   (5) “Valid documentation” means:

      (a) A statement signed by a qualifying patient’s physician, or a copy of the qualifying patient’s pertinent medical records, which states that, in the physician’s professional opinion, the patient may benefit from the medical use of marijuana;

      (b) Proof of identity such as a Washington state driver’s license or identicard, as defined in RCW 46.20.035; and

      (c) A copy of the physician statement described in (a) of this subsection shall have the same force and effect as the signed original

 [1] Rev. Code Wash. (ARCW) § 69.51A.070.

[2] Rev. Code Wash. (ARCW) § 69.51A.040

[3] Rev. Code Wash. (ARCW) § 69.51A.060


Inside Washington Medical Marijuana Laws