Following up on the legislative disaster of 2011, Washington State Senator Jeanne Kohl-Welles intends to file another comprehensive medical cannabis bill to provide fixes and clarity to the law.
Bill summary - Dec. 15, 2011
On December 15, 2011, Sen. Kohl-Welles sent a summary of her proposed legislation. She is seeking feedback from the medical cannabis community by December 22, 2011.
Collective garden restrictions
Amends the section which authorizes collective gardens
Membership in gardens is limited to patients and designated providers. Patients and providers may only be a member of one collective garden;
Collective gardens may have a maximum of 10 members and the membership period must be for at least 5 days;
Members may produce, process, transport, or deliver cannabis for the medical use of its members;
Plant and useable cannabis limits at set at 15 plants per member up to a total of 45 plants and 24 ounces of cannabis per member up to a total of 72 ounces;
Contributions of patients and providers may not be solely monetary;
Only one garden is allowed per tax parcel;
Local governments may impose zoning, licensing, permitting, and health and safety requirements, taxes, fees, or other conditions upon a collection garden but such regulation may not preclude the siting of collective gardens within that jurisdiction;
A copy of each member's valid documentation or registration card and proof of identity must be available on the premises.
Nonprofit patient cooperatives
Permits nonprofit patient cooperatives (NPCs) providing counties, cities and towns with opt-in and opt-out options
Counties (and the cities within those counties) with a population of less than 200,000 are permitted to opt-in. NPCs will not be permitted unless such jurisdictions allow by ordinance;
Counties (and the cities within those counties) with a population of 200,000 or more are permitted to opt-out. NPCs will be permitted in these jurisdictions unless they agree to prohibit them by ordinance. The population number is copied from the pilot project language in SB 5955;
If local jurisdictions allow NPCs they may impose zoning, licensing, permitting, and health and safety requirements, taxes, fees, or other conditions upon a NPC. Local jurisdictions may also set limits on the number of members.
NPCs must:
Be registered with the secretary of state as nonprofit corporations;
Limit membership to qualifying patients or their designated providers;
Confirm that a nonregistered patient qualifies for the medical use of cannabis by contacting the authorizing health care professional's office;
Comply with plant and useable cannabis limits
15 plants per member up to a total of 99 plants
24 ounces of useable cannabis per member up to a total of 144 ounces
Make available on the premises a copy of each member's valid documentation or registration card and proof of identity;
Only deliver cannabis to members;
Not permit cannabis to be consumed on the premises;
Ensure that cannabis cannot be viewed from outside the facility;
Not be located within 500 feet of community centers, child care centers, or schools. Local governments can increase/decrease this requirement;
Not advertise to the general public in any manner that promotes the use of cannabis. This prohibition does not apply to advertising in medical marijuana trade journals and on medical marijuana websites;
Set the price of cannabis and membership fees at a rate that only covers expenses. Fees may be adjusted based on individual consumption rates and level of participation in the NPC;
Allow only members or staff of the NPC to be on the premises except that NPCs may periodically allow media and government officials to visit the NPC;
Be independent facilities, unaffiliated with other NPCs. NPCs can have multiple locations but plant and usable cannabis limits cannot exceed what’s allowable for that one NPC;
Permit local government employees to access records while engaged in their official duties.
NPCs may:
Produce cannabis and/or obtain cannabis from collective gardens (subject to plant and useable cannabis limits);
Hire staff to assist in operating the NPC or use member volunteers;
Staff is provided with an affirmative defense unless they are patients or designated providers who are registered.
Members of a NPC may:
Only be a member of one NPC at a time;
Volunteer or work for a NPC but are not required to do so;
Also be a member of a collective garden if that garden produces cannabis for the NPC (patients and providers can only be a member of one collective garden and one NPC).
Medical cannabis registry
Establishes a voluntary registry within the Department of Health (DOH)
Patients and providers who are registered and in compliance with state law are provided with arrest protection;
Patients and providers who are not registered may assert an affirmative defense if they otherwise comply with the law;
DOH must adopt rules relating to the creation, implementation, maintenance, and upgrading of the registry. This process will be guided by a stakeholder advisory committee;
DOH may contract out the operation of the registry;
Law enforcement may only access the registry in connection with a specific legitimate criminal investigation;
Before seeking an arrest warrant law enforcement must make reasonable efforts to ascertain whether the person under investigation is registered;
Personally identifiable information must be nonreversible, not susceptible to linkage, and subject to current best differential privacy practices;
Registration cards must be issued on tamper resistant paper.
Other provisions
Removes obsolete references to licensed dispensaries, etc.,
Allows for the taxation of the medical use of cannabis until it is rescheduled;
Modifies the Washington State Institute for Public Policy study to focus on activities of local governments;
Requires cannabis exceeding a total of 24 ounces to be transported in a locked metal box that is bolted to the transporting vehicle unless it is being transported by a patient or provider and is for the personal medical use of the patient or the provider's patient;
Prohibits law enforcement from discriminating against non-registered patients;
Exempts records containing names and other personally identifiable information relating to patients, providers, collective gardens and NPCs from the public records act.
Disallows conviction of DUI for qualifying patients based solely on the presence, or presence in a certain concentration, of components or metabolites of cannabis. Proof of actual impairment is required.
Cannabis Defense Coalition is a one-member, one-vote 501(c)(3) cooperative organization focused on cannabis activism in Washington State. We are owned by 200+ dues-paying members, and have undertaken dozens of projects in support of cannabis policy reform since our founding in 2008.
The following is a list of job opportunities with the Cannabis Defense Coalition. Updated December 21, 2011
Web developer
Description: Cannabis Defense Coalition seeks a competent web developer to revamp our web site. Currently running Drupal with a default "garland" theme, we are happy with our ability to get content online, but want more thoughtful, approachable design and layout. We also want to provide focus on a few high priority projects throughout the web site -- namely fundraising, email signup and our legislative lobby project.
Pay and timeline: Pay is negotiable and dependent on experience. We would like to spend less than $2,000 to revamp our web site, and complete the project within 2 months from start.
Qualifications:
Candidates must be able to meet in Seattle, Washington.
All software must be open source.
Candidates must be familiar with Drupal or other content management systems. CDC uses Drupal, but is open to change.
Candidates must have an existing portfolio or examples of development work.
OLYMPIA – Gov. Chris Gregoire today announced she filed a petition with the U.S. Drug Enforcement Administration asking the agency to reclassify marijuana as a Schedule 2 drug, which will allow its use for treatment – prescribed by doctors and filled by pharmacists. Gov. Lincoln Chafee (I-RI) also signed the petition.
The petition will require the Federal Drug Administration to conduct a new scientific review and analysis of recent advances in Cannabis research since the last time the FDA reviewed the matter in 2006.
“Poll after poll shows an overwhelming majority of Americans now see medical marijuana as legitimate,” Gregoire said. “Sixty percent of voters in our state said yes on a 1998 ballot measure. An ever-growing number of doctors now tell thousands of suffering patients they may find relief from the unique medicinal qualities of cannabis. There is simply no question that pharmacists could safely and reliably dispense cannabis to patients -- just as they do for other controlled and more problematic drugs.”
“Americans’ attitudes toward medically prescribed marijuana are changing, and medical organizations throughout the country – including the Rhode Island Medical Society and the American Medical Association – have come to recognize the potential benefits of marijuana for medical use,” Governor Chafee said. “Patients across Rhode Island and across the United States, many of whom are in tremendous pain, stand to experience some relief. Governor Gregoire and I are taking this step to urge the Federal Government to consider allowing the safe, reliable, regulated use of marijuana for patients who are suffering.”
Currently, the DEA classifies marijuana as a Schedule I drug. According to the DEA, drugs listed in schedule I have no currently accepted medical use in treatment in the United States and, therefore, may not be prescribed, administered, or dispensed for medical use. In contrast, drugs listed in schedules II-V have some accepted medical use and may be prescribed, administered, or dispensed for medical use, with controls.
“Sadly, patients must find their way along unfamiliar, uncertain paths to get what their doctors tell them would help – medical cannabis to relieve their suffering,” Gregoire said. “People weak and sick with cancer, multiple sclerosis, and other diseases and conditions suddenly feel like -- or in fact become – law breakers. In the year 2011, why can’t medical cannabis be prescribed by a physician and filled at the drug store just like any other medication? The answer is surprisingly simple. It can. But only if the federal government stops classifying marijuana as unsuitable for medical treatment.”
Gregoire added that two years ago, the American Medical Association reversed its position and now supports investigation and clinical research of cannabis for medicinal use. And The American College of Physicians recently expressed similar support. Both the Washington State Medical Association and the Washington State Pharmacy support reclassification, as do the Rhode Island Medical Society and other state medical associations.
The petition includes a substantive science-based report that has been peer reviewed and cites more than 700 independent references, many of which are new science since 2006. It details non-smoking methods, and describes how recent scientific developments like affordable DNA analysis supports the pharmacy model. With modern DNA analysis, it is easy to determine the plant’s beneficial compound – and with current technology readily available today, a compounding pharmacist could easily and inexpensively quantify the levels of cannabinoids, and then use the appropriate cannabis blend to create a customized medication for an individual patient.
Under the Controlled Substances Act, any interested party is allowed to petition to add, delete or change the schedule of a drug or other substance. When a petition is received by the DEA, the agency begins its own investigation of the drug.
Tonight's meeting location has moved to Sodo Pop, 2424 1st Ave S, Seattle, WA 98134 about 7 blocks south of the CDC.
Monthly Public Session - December 5
Cannabis Defense Coalition meets the first non-holiday Monday of the month. Our next public meeting is Monday, December 5, and will be held at Sodo Pop, 2424 1st Ave S, Seattle, WA 98134Cannabis Resource Center, 1714 1st Ave S. in Seattle, south of Safeco field. The meeting begins at 7:00 p.m. and is open to the public.
NOV 15 2011, SEATTLE, WA -- On Tuesday morning, DEA agents executed raids against more than a dozen dispensaries in Western Washington. Federal agents hit medical cannabis access points in at least Lacey, Olympia, Puyallup, Rochester, Tacoma, and Seattle. The following access points are believed to have been raided:
In their investigation into one of the businesses raided yesterday—the Seattle Cannabis Co-op—authorities say they received information from a source “with ties to the ‘medical marijuana’ community” in August about violations of medical marijuana laws at the co-op’s locations in Ballard and south Seattle.
Elwin said he had heard of "similar investigations" in King and Pierce counties that were also "culminating" on Wednesday, so more raids may be occurring through tomorrow.
We are increasing the volume of our raid alarm rhetoric. We believe the possibility exists of an ongoing, large-scale federal investigation coordinated by the U.S. Attorney for Western Washington Jenny Durkan, similar to the one conducted in Montana for 18 months prior to the execution of 26 criminal search warrants last month. Be prepared.
Recent moratoriums on and regulation of medical cannabis access gardens and points across the state of Washington are listed here. If you have any information about local moratoriums or regulations not listed or have up to date infromation please send us a note to info@cdc.coop or call 1-888-208-5332 and press 0 to be connected to a volunteer.
This business is open until 7:30pm which is why we are starting a half hour later than usual.
This class is being hosted by Alternative Care Clinic, please respect our WA state Medical Marijuana laws with respect to Public display of Medication when entering and exiting this location.
Every Thursday night is Cannabis College Night at the Cannabis Resource Center. All classes are $20, with a $10 discount for CDC members, unless otherwise noted. For more information you can visit http://cdc.coop/college. If you have any ideas for classes, please let us know at http://cdc.coop/contact
Effective September 11, 2011, the Seattle Cannabis Resource Center (one of CDC's projects; it's where our office is located) has been shut down until further notice due to a hazardous materials contamination caused by neighboring contractors, and repeated, ongoing, intentional contract breaches by our landlords David Efron and Elaine Hartholz of Nelson Enterprises Management.
We are frantically searching for spaces to host our events, and perhaps host us long-term, as we arrange to have hazardous materials cleanup contractors deal with the toxic dust covering every single surface in our building.
Tue, Oct. 18, 7pm Legislative Team meeting moved to Ballard House, 2445 NW 57th St., 98107
Tue, Oct. 18, 8pm Safe Access committee meeting moved to Alternative Care Clinic, 5609 4th Ave S, 98108
Thu, Oct 20, 7pm Cannabis College - Patient Survey, CDC wiki tutorial tentatively moved to Ballard House, 2445 NW 57th St., 98107
Ed Rosenthal, author of Marijuana Grower's Handbook, presents a comprehensive overview of cultivation. Gardeners at all levels, new or advanced, will find tips and techniques to save time, labor and energy. Seminar includes Q&A time with Ask Ed.
What: Ed Rosenthal "Guru of Ganja" Cultivation Seminar
CANNABIS DEFENSE COALITION
SAFE ACCESS COMMITTEE
“BEST PRACTICES”
Version 1.0
August 16, 2011
The Cannabis Defense Coalition (CDC) is a nonprofit, nonpartisan, membership organization devoted to reducing the harms associated with drug use. We advocate sensible, science-based drug policy, and for the health, safety and civil liberties of individuals and communities affected by drugs.
Having formed the “Safe Access Committee” - For patients, collectives, medical professionals, or any access point as defined by law in the future as well as anyone else interested in seeing safe access to medical cannabis. Will work on devising best practices to help inform the regulatory process. May ultimately break down into smaller committees for focused efforts.
The goal of this section is to assist medical cannabis patients and participants in maintaining safe collective gardens, processing establishments, and co-operatives/agencies by offering suggestions for different types of security measures, both indoors and out.
