Page 6 sub section (18) line 7-22
7 (18) “Public place” includes streets and alleys of incorporated
8 cities and towns; state or county or township highways or roads;
9 buildings and grounds used for school purposes; public dance halls
10 and grounds adjacent thereto; premises where goods and services are
11 offered to the public for retail sale; public buildings, public
12 meeting halls, lobbies, halls and dining rooms of hotels,
13 restaurants, theatres, stores, garages and filling stations which are
14 open to and are generally used by the public and to which the public
15 is permitted to have unrestricted access; railroad trains, stages,
16 buses, ferries, and other public conveyances of all kinds and
17 character, and the depots, stops, and waiting rooms used in
18 conjunction therewith which are open to unrestricted use and access
19 by the public; publicly owned bathing beaches, parks, and/or
20 playgrounds; and all other places of like or similar nature to which
21 the general public has unrestricted right of access, and which are
22 generally used by the public.
```This provision Makes it impossible for patients to medicate in public. There is no provision stating that you cannot use your opiate medications in public. I can see that the intent is to not allow people to smoke in theses places but the existing smoking law in Washington state does a great job of doing this. Further there is a need to be able to use topical, tincture, baked goods, and capsuled medications and these require no more exposure than taking an opiate either through a patch or a pill.
page 7 sub section(21) lines 4-9
4 (21) "Tamper-resistant paper" means paper that meets one
5 or more of the following industry-recognized features:
6 (a) One or more features designed to prevent copying of the
8 (b) One or more features designed to prevent the erasure or
9 modification of information on the paper; or
10 (c) One or more features designed to prevent the use of
11 counterfeit valid documentation.
```The term Paper from this section should be changed to document. This will allow for clinics to issue their tamper resistant photo id cards for their patients. These cards help law enforcement recognize a legal patient without the need to verify with the health care professional about the patients authorization
Page 8 section(24) lines 4-5
(24) "Useable cannabis" means the dried flowers of the Cannabis plant family Moraceae. Useable cannabis excludes stems, stalks, leaves, seeds, and roots. For purposes of this definition, “dried” means containing less than fifteen percent moisture content by weight. The term “useable cannabis” does not include cannabis products.
```the term Moraceae is debated in botanical circles and cannabaceae is sometimes used instead. My suggestion is to strike "family Moraceae" from line 5 as cannabis plant is a good enough botanical description of the plant that is widely accepted and not disputed.
page 11 sub section (3) lines 16-22
16 (3) The qualifying patient or designated provider allows the 17 investigating general or limited authority Washington peace officer
18 to inspect all areas in which cannabis plants are being grown, or
19 useable cannabis or cannabis product is being stored, for the limited
20 purpose of confirming that the number of plants and quantity of
21 useable cannabis or cannabis product do not exceed the amounts set
22 forth in subsection (1) of this section;
```This sub section is an invasion of privacy and gives away a patients rights to freedom of unlawful search. There is no provision that makes users of opiates submit to search just because they were asked if they use opiates. Patients should not be made into second class citizens that have to yield to search whenever the law enforcement wants to go check if they are under the legal limits. This opens the door for harassment of patients by law enforcement in areas of the state where police are not happy with patients possessing cannabis for their medical treatment. Please Don't make patients Give away their rights just so they can get the medicine they need to survive. Section (4) and (5) take care of search by giving the right to the police to search if they posses evidence that there is a crime being committed.
page 11 sub section (5) line 27-30
27 (5) The investigating general or limited authority Washington
28 peace officer does not possess evidence that the designated provider
29 has served as a designated provider to more than one qualifying
30 patient within a ninety-day period.
```I would suggest not setting this 90 day restriction. The intent of this bill is access and in some areas the only feasible access is through a Designated provider. Why punish these providers if they loose a patient? They could be helping someone but instead will have to destroy all their genetics so that they can be in compliance with this law every time they change the patient that they are serving. I suggest that Designated providers be held to the plant limit that they are legally allowed to posses (15 plants 24 ounces) as the limiting stipulation. This way they are not producing for more than one patient without being a licensee and they can still change patients without having to wait for 90 days and loose all of their plants. I suggest you strike on line 30 "within a ninety-day period"
page 13 sub section (2) line 2-6
2 (2) A person may stop serving as a designated provider to a 3 given qualifying patient at any time. However, that person may not
4 begin serving as a designated provider to a different qualifying
5 patient until ninety days have elapsed from the date the last 6 qualifying patient designated him or her to serve as a provider.
```I would suggest removing this provision as it punishes Designated providers. They are a valuable resource and should be able to help another patient right away when the loose a patient.
page 13 section 10
23 NEW SECTION. Sec. 10. A qualifying patient or designated
24 provider who does not present his or her valid documentation to a
25 general or limited authority Washington peace officer who questions
26 the patient or provider regarding his or her medical use of cannabis,
27 or who does not consent to the limited inspection described in RCW
28 69.51A.040(3), but is in compliance with all other terms and 29 conditions of this chapter may establish an affirmative defense to
30 charges of violations of state law relating to cannabis through proof
1 at trial, by a preponderance of the evidence, that he or she was a
2 validly authorized qualifying patient or designated provider at the
3 time of the officer’s questioning or request for consent to search.
4 A qualifying patient or designated provider who establishes an 5 affirmative defense under the terms of this section may also
6 establish an affirmative defense under section 9.
``` The provision on line 27 "or who does not consent to the limited inspection described in RCW" Should be stricken as it forces consent to search as a condition for the affirmative defense. There should be no denial of a right to the affirmative defense for refusal to submit to an unwarranted search.
page 14 sub section (4)
28 (4) Allows the investigating officer to inspect all areas in 29 which cannabis plants are being grown, or useable cannabis is being
30 stored, for the limited purpose of confirming that the number of
31 plants and quantity of useable cannabis do not exceed the amounts set
``` Remove this section. The only reason there should be a search is if there is a signed search warrant.
page 16 line 30
30 general public.)) It is unlawful to open a package containing
1 cannabis or consume cannabis in a public place in a manner that
2 presents a reasonably foreseeable risk that another person would see
3 and be able to identify the substance contained in the package or
4 being consumed as cannabis. A person who violates a provision of
5 this section is guilty of a class 3 civil infraction under chapter
6 7.80 RCW.
```It should not be a crime to possess your medicine. There are many times you may need to use medicine in public and this provision makes it a crime. An example is all edible forms of cannabis including eating the raw cannabis flowers. Why should we codify it as a risk to another person that they may be able to identify a package as cannabis?
18 (3) Approve or disapprove the facilities, including scales, of
19 all licensed producers;
```This provision should Define what is an approved facility instead of tasking the department with approval or denial of any facility. This way they can check and see if the building qualifies to code. Some suggestions are that all producers should be in a commercial, retail, industrial, or agricultural zone.
page 19 subsection (8) lines 3-7
(8) Adopt rules regarding the identification of cannabis intended for medical use by the use of confetti or other similar means so that such cannabis may be readily identified if stolen or removed in violation of the provisions of this chapter from a production facility or if otherwise unlawfully transported;
```The use of confetti could cause a problem for people that smoke their medication as it would be hard to separate from the dried flower and would be smoked along with the cannabis. This would create unwanted extra smoke that could irritate some peoples lungs.
NEW SECTION. Sec. 36. A licensed dispenser shall not sell cannabis received from any person other than a licensed producer, or sell or deliver cannabis to any person other than a qualifying patient or designated provider except as provided by court order. Violation of this section is a class C felony punishable according to chapter 9A.20 RCW.
```Patients and Designated providers that are within the limits of the law (15 plants 24 ounces) should be allowed to deliver cannabis to a licensed dispenser for resale. This will allow for patients and providers that are within the limits to shed their bumper crops to keep within the limits. This reduces waste if there is a larger than expected harvest.