State law for medical-marijuana dispensaries? Up to the governor

| West Seattle news | West Seattle politics | White Center

(White Center Now/West Seattle Blog photo by Deanie Schwarz)
On the day after another medical-marijuana enterprise opened in our area – a branch of the GAME Collective just launched a lounge in White Center – the State Legislature has finalized a bill to regulate it (SB 5073) though Governor Gregoire’s signature is no slam-dunk. Local authorities have said they need state regulation so they know how to deal with these operations, which technically are illegal under state law, though medical marijuana itself won voter approval more than a decade ago. But the governor has said that she’s concerned the bill will leave state employees open to prosecution, and she reinforced that in a statement just sent out by her office:

“I realize the value that medical marijuana has for patients and support the voter-approved initiative. I also agree with the intent of the Legislature to clarify ambiguity surrounding search and arrest as well as concerns around dispensaries and access. We need to create a system that works.

“I asked the Legislature to work with me on a bill that does not subject state workers to risk of criminal liability. I am disappointed that the bill as passed does not address those concerns while also meeting the needs of medical marijuana patients.

“I will review the bill to determine any parts that can assist patients in need without putting state employees at risk. No state employee should have to break federal law in order to do their job.”

But Seattle’s Mayor and City Council are hoping she’ll sign it – their joint statement just came in:

“We would like to extend our greatest appreciation to the Washington State Legislature for passing today SB 5073. The bill would provide a comprehensive regulatory framework for medical marijuana use. This bill spells out precisely how dispensaries and production facilities can operate in a way that provides legitimate patients with medical marijuana, gives local governments the tools we need to help protect the health and safety of our communities, and provides much-needed clarity for law enforcement.

“In particular, we would like to thank Sen. Jeanne Kohl-Welles for all of her hard work and leadership on this bill, and Rep. Eileen Cody for shepherding the bill through the State House.

“We encourage Governor Gregoire to sign the bill, and look forward to working with her and her staff in the coming days.”

The governor’s spokesperson Scott Whiteaker replied to our followup question by saying that’s not a veto statement – she has 20 days to decide how to handle the bill. Meantime, with the GAME Collective opening in White Center yesterday, four medical-marijuana outlets are in operation in West Seattle/White Center, with at least two more on the way (Northwest Patient Resource Center at 35th/Roxbury – WSB coverage here – and Herban Legends in White Center – WCN coverage here).

w.s. maverick April 21, 2011 (3:00 pm)

mmmmmm

DP April 21, 2011 (3:02 pm)

So that’s what a marijuana dispensary looks like, huh? Pretty high tech. Reminds me of a root cellar.

velo_nut April 21, 2011 (3:18 pm)

That picture… it’s like… AMAZING. puff puff pass, man!

G April 21, 2011 (5:30 pm)

The 4:20 party they had yesterday at the lounge was awesome! Looking forward to going to the lounge again, very strong cookies.

Bud Green April 21, 2011 (5:54 pm)

Some nice looking bud in those jars!

Cclarue April 21, 2011 (6:06 pm)

That makes me think of the silly song “99 bottles of beer on the wall” only insert bud for beer. I do not smoke it but I beleive it is much less harmful to our society than alchohol.

RJB April 21, 2011 (6:59 pm)

Cclarue!! I agree!! I say we tax it and bring in some state revenue, green revenue.

Cannabis Defense Coalition April 22, 2011 (12:17 am)

The medical cannabis bill that has reached Governor Gregoire’s desk is now a ghost of its former self, and is set to dramatically weaken our state’s voter-approved medical cannabis law. For some folks, anything one can paint as a victory to donors helps their bottom line, and for some, adding myriad restrictions to our law is a necessary evil in a long-term political and public opinion strategy. But please be informed that the bill as amended in the state house is, on balance, shockingly horrible for medical cannabis patients in our state.

On the arguably positive side, SB 5073 implements a very limited and licensed dispensary and grower network in Washington State. It promises to provide limited protections to patients who register with the government in a future state-run database run by our Department of Health, whose current director has a history of refusing to implement medical cannabis legislation and of surreptitiously supplanting rules created in the public rule-making process with the will of our governor. It provides an affirmative defense to patients visiting from out of state. It also defines “useable cannabis” and “plant” much more favorably.

THE BILL IS BAD FOR DOCTORS:

* Requires an authorizing health care professional to be the primary care provider or a “specialist” — which likely requires specialty certification, which does not exist currently for medical cannabis — in order to authorize the medical use of cannabis. Section 301.
* Places ten new requirements on health care professionals who recommend medical cannabis. Disallows health care professionals from running “medical cannabis only” clinics, or from making any statement on the medical use of cannabis in any advertisement for their practice. Violations would be findings of unprofessional conduct, and the punishments may include per-violation fines of up to $5,000 and license revocation under RCW 18.130.160. Most doctors in our state that currently authorize medical cannabis risk having their livelihood destroyed in doing so. Section 301.

THE BILL IS BAD FOR PATIENTS:

* Protections from search and arrest were gutted on the house floor Monday. Patients will not be safe from police terror unless they register in a future government database, which we believe may never be implemented by our Department of Health. Section 402.
* Invalidates all current “lifetime” authorizations. Section 201(32)(b)(i).
* Places additional requirements and limits on “designated provider” documentation. Section 201(32)(b)(iii).
* Codifies in law that state-funded housing programs may disallow the medical use of cannabis. Section 410.
* Disavows the medical necessity common law defense. Washington appellate courts have a “division split” on the medical necessity common law defense, and the bill specifically removes its underlying support for the defense as we wait to see if our supreme court will take up the appeal. Section 102(3).
* Denies the medical cannabis affirmative defense to members of our military. Section 501(5).
* Expressly allows DOC or any other correctional authority to disallow the medical use of cannabis. Sections 102(4), 201(26)(b), 803(3), 1105.
* Expressly allows Washington State hotels and motels to refuse to accommodate medical cannabis patients. Section 501(4).
* Makes “tougher” the existing restrictions against driving “under the influence” of medical cannabis. Section 501(8).
* Provides immunity to law enforcement and all other state actors who violate the privacy of the future state-run registry. Section 1101.

THE BILL IS BAD FOR DISPENSARIES:

* Removes the affirmative defense and legal underpinning for all currently operating dispensaries. Section 201(6)(d).
* Requires currently operating dispensaries to notify local authorities of their intent to apply for a future license if they are to be afforded an affirmative defense in court. This notification — or admission of criminal behavior — will likely lead to threats of closure and raids from local authorities. Section 1201.
* Places an “advertising ban” on dispensaries that forbids speech which “promotes or tends to promote the use or abuse of cannabis.” Specifically states that any visual or artistic representation of cannabis is illegal. Each violation is punishable by fines of up to $1,000. Section 802.
* Allows local jurisdictions to adopt zoning, “health and safety,” licensing, and tax requirements on dispensaries. Section 1102.

READ THE BILL:

5073-S2.E AMH ENGR H2509.E.pdf

Cannabis Defense Coalition April 22, 2011 (12:26 am)

Our only hope to secure real arrest protection for all authorized patients — now, not later — is for it to be included in the trailer bill legislators are preparing for introduction in the upcoming special session.

Protection from being terrorized by police should be afforded to all authorized patients, not withheld from some of them in an attempt to coerce them into registering their medical treatment decision with the state. Such manufacturing of incentive to use the future “voluntary registry” is shameful.

Amanda April 22, 2011 (8:04 am)

@CDC- while the language of this bill actually shocked me, I’m still impressed with the direction the state is going. It’s steps in the right direction in my mind. By putting this kind of language on it, it complicates it further. Maybe they will find in the end that legalizing with restrictions is easier. We can only hope.

Shred April 22, 2011 (10:15 am)

In The Wake Of The Flood

It’s the law, it’s a good law. Why are we still playing Politics?

State Right’s Should be protected from Federal interference, Is not that the real responsibility the Governor is the Governor in the first place??

We voted, it’s done…….Get on with Life and pursue your Happiness.
Shred.

Kayleigh April 22, 2011 (10:48 am)

Potheads, much like hipsters, have no idea how annoying they are. I’m going to stop reading these stories.

maplesyrup April 22, 2011 (2:04 pm)

If it were just legal, the potheads would be on the couch playing Xbox and not annoying you anymore.

Cclarue April 24, 2011 (7:47 am)

I do not like the lounge idea. If this is a medical type dispensary like a pharmacy you get your prescription and go home. Regulations are needed. Taxing is needed. But like any substance that is mood altering and legal there are necessary rules and regulations to sell it. I don’t want to walk down the street and smell it pouring out of the lounge.

Sorry, comment time is over.