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News (Media Awareness Project) - US WA: Sen Jeane Kohl-Welles And Rep Jim Moeller Introduce Changes to Medical Ma
Title:US WA: Sen Jeane Kohl-Welles And Rep Jim Moeller Introduce Changes to Medical Ma
Published On:2011-01-11
Source:Bellingham Herald (WA)
Fetched On:2011-03-09 17:23:26
SEN. JEANNE KOHL-WELLES AND REP. JIM MOELLER INTRODUCE CHANGES TO
MEDICAL MARIJUANA RULES

Sen. Jeanne Kohl-Welles, D-Seattle, and Rep. Jim Moeller, D-Vancouver,
announced today that they had introduced a House and a Senate bill to
clarify the state's medical marijuana regulation.

The bills, SB 5073 and HB 1100, would retain the legal limits on
marijuana possession in the state, but would require the Department of
Agriculture to regulate growing medical marijuana and the Department
of Health to license medical marijuana dispensaries.

According to the announcement, the bills are also intended to protect
medical marijuana patients and growers from arrest and warrantless
searches.

Here is the full press release announcing the bills:

Kohl-Welles and Moeller introduce comprehensive medical marijuana
reforms

OLYMPIA -- Today Sen. Jeanne Kohl-Welles, D-Seattle, and Rep. Jim
Moeller, D-Vancouver, introduced new legislation to provide clarity
and a stronger legal framework to Washington's existing medical
marijuana laws.

Senate Bill 5073 and House Bill 1100 would establish a regulatory
system for the sale and purchase of medical marijuana for qualifying
patients. Current law established under voter-approved I-692 in 1998
permits patients with specified terminal or debilitating medical
conditions to grow medical marijuana for personal use or designate a
provider to grow on their behalf. Legislation passed in 2007 resulted
in the Department of Health setting the allowable amount of marijuana
for medical use, and a measure passed last year allows all health
professionals having prescriptive authority to authorize medical marijuana.

Under the new bill, the Department of Agriculture would develop
regulations through a public rule-making process for growing medical
marijuana. And, patients would be permitted to purchase medical
marijuana products from dispensers licensed by the Department of
Health or by taking part in a regulated patient collective.

"There is much ambiguity around our state's current medical marijuana
laws that is resulting in inconsistent enforcement throughout the
state," Kohl-Welles said. "Creating a statutory and regulatory
structure for licensing growers and dispensaries will allow us to
provide for an adequate, safe, consistent, and secure source of the
medicine for qualifying patients, address public safety concerns and
establish statewide uniformity in the implementation of the law." She
adds that the bill reflects the tenth draft since last February when
she released her first draft. Input from patients, providers,
advocates, health professionals, government officials, legislators,
law enforcement representatives and others has helped shape the
changes included in the bill.

Patients would be exempt from paying sales tax on medical marijuana
products, but dispensaries and producers would be required to pay the
state Business & Occupation tax. The legislation would protect legally
compliant patients and growers from arrest, search, and prosecution
for the use of medical cannabis. Law enforcement would also be
required to consult a voluntary registry of patients before conducting
warrantless searches or arrests. Registered patients would be
protected against search and seizure unless existing evidence
indicated criminal activity was being committed.

"Patients have been questioned and arrested for just having pot in
their possession," Rep. Moeller said. "This law change will clarify
what is, and is not medicine and hopefully end the arrests and jail
time of patients with legitimate medical needs."

Other provisions include protecting parental rights of medical
marijuana patients and protections against the workplace
discrimination of patients. The current legal limits of up to 15
plants and up to 24 ounces of useable marijuana per patient and one
patient per provider remain intact.

Sen. Karen Keiser, D-Kent, chair of the Senate Health and Long-Term
Care Committee, applauds the intent and effort to correct the problems
patients who use medical cannabis encounter. Keiser says she will hold
a public hearing on the proposed legislation next Thursday, January
20th at 1:30pm in Senate Hearing Room 4 of the CherbergBuilding.

"Unfortunately, law abiding users who depend upon medical cannabis are
often subject to discrimination," Keiser said. "This bill works to
remedy that situation while creating a strong legal framework to
ensure public safety alongside improved service for medical users."
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