Comparison of the Recreational and Medical Marijuana Laws with the Medical Marijuana Work Group Recommendations Recreational

Marijuana ( I-502) Age requirements Must be 21 years of age or older to purchase recreational marijuana. Current Law on Medical Marijuana Medical Marijuana Work Group Recommendations SB 5887 (Proposed Sub, Senator Rivers) SB 6178 (Proposed Sub, Senator Kohl-Welles) Uses Work Group Recommendations. Designated providers must be 21 or older.

There are no age Adults 18 to 21 may access Uses Work Group requirements for medical medical marijuana if Recommendations. marijuana patients. authorized by a health care Designated providers must be Designated providers professional. 21 or older. must be at least 18 years Minors under the age of 18 of age or older. may access medical marijuana with authorization and parental consent. 24 ounces of useable marijuana or as much product as can be made with 24 ounces of useable marijuana. 15 plants. 3 ounces of useable marijuana. 3 ounces of useable marijuana; 48 ounces of marijuana-infused Additional limits for marijuana product in solid form; and 216 infused products in solid or ounces of marijuana-infused liquid form. product in liquid form. Patients who grow for themselves and act as a designated provider may possess twice these amounts. 6 plants (3 flowering and 3 non-flowering) A health care professional may authorize an additional amount if necessary for the patient, but not more than 8 ounces and 15 plants.

Possession amounts

1 ounce of useable marijuana. 16 ounces of marijuanainfused products in solid form. 72 ounces of marijuanainfused products in liquid form. No plants.

3 ounces of useable marijuana; 48 ounces of marijuana-infused product in solid form; and 216 ounces of marijuana-infused product in liquid form. 6 plants (up to three flowering) A health care professional may authorize an additional amount if necessary for the patient, but not more than 8 ounces and 15 plants Patients who grow for themselves and act as a designated provider for another may possess both persons' marijuana. Establishes a medical marijuana verification program and issues

Patients who grow for themselves and act as a designated provider may possess twice these amounts.

Registration with DOH

Not applicable.

Not required.

Required. The authorizing health care professional will

Establishes a medical marijuana registry and issues

Prepared by: Kathleen Buchli, Senate Health Care Committee Staff Date: 2/9/2014

Comparison of the Recreational and Medical Marijuana Laws with the Medical Marijuana Work Group Recommendations Recreational Marijuana ( I-502) registry Current Law on Medical Marijuana Medical Marijuana Work Group Recommendations register the patient or designated provider with the registry. Authorizations are valid for one year. Patients may be reentered into the registry following a new or follow-up examination. Existing authorizations must expire to coincide with full implementation of the registry and retail market. SB 5887 (Proposed Sub, Senator Rivers) authorization cards to registered qualified patients and designated providers. Patients must be registered to receive the statutory benefits relating to arrest protection, higher possession limits, tax exemptions, and the ability to grow in their homes. DOH must keep records for five years to verify tax exemptions. Patients will be registered by their authorizing health care professional. Use of valid documentation to identify patients and providers is eliminated. Authorization cards are valid for one year. If the patient is authorized for a specific amount by their health care professional, that amount must be on the authorization card. SB 6178 (Proposed Sub, Senator Kohl-Welles) verification cards. Only patients who are entered in the program may receive the statutory benefits relating to arrest protection, higher possession limits, tax exemptions, and the ability to grow in their homes. DOH must keep records for five years to verify tax exemptions. Patients will be entered into the program by their authorizing health care professional. Retains valid documentation to identify patients and providers. Verification cards are valid for one year If the patient is authorized for a specific amount by their health care professional, that amount must be on the verification card.

Prepared by: Kathleen Buchli, Senate Health Care Committee Staff Date: 2/9/2014

Comparison of the Recreational and Medical Marijuana Laws with the Medical Marijuana Work Group Recommendations Recreational Marijuana ( I-502) Current Law on Medical Marijuana Medical Marijuana Work Group Recommendations SB 5887 (Proposed Sub, Senator Rivers) SB 6178 (Proposed Sub, Senator Kohl-Welles)

Health care professionals Authorization of the medical use of marijuana

Not applicable.

Health care professionals are regulated in statute. They are not required to report to DOH on authorizations. Authorizations do not have an expiration date. DOH may investigate providers but only upon receiving a complaint.

Health care professionals must follow a standard of care similar to that standard required of providers who prescribe opioids to manage chronic pain. Authorizing professionals may not have a practice that consists primarily of authorizing medical marijuana and the practice must have a permanent physical location. The supervising boards of these professions must adopt rules to monitor and regulate the scope of practice. Examinations must be in person. They must be annually or more frequently as medically indicated. Authorizing professionals must enter patients into the DOH registry. Disciplining authorities for the health care professions must be able to access the registry to monitor

Uses Work Group Recommendations. DOH must convene a work group consisting of the disciplining boards of the health care professionals who may authorize the medical use of marijuana. The work group must develop practice guidelines to assist health care professionals in the authorization of medical marijuana.

Uses Work Group Recommendations. DOH must convene a work group consisting of the disciplining boards of the health care professionals who may authorize the medical use of marijuana. The work group must develop practice guidelines to assist health care professionals in the authorization of medical marijuana.

Prepared by: Kathleen Buchli, Senate Health Care Committee Staff Date: 2/9/2014

Comparison of the Recreational and Medical Marijuana Laws with the Medical Marijuana Work Group Recommendations Recreational Marijuana ( I-502) Current Law on Medical Marijuana Medical Marijuana Work Group Recommendations licensee compliance. Qualifying terminal or debilitating medical conditions Not applicable. Cancer, HIV, multiple sclerosis, glaucoma, Chrohn's disease, Hepatitis C. DOH must adopt rules to define "debilitating" and "intractable pain" to clearly indicate the condition must be severe enough to significantly Epilepsy or other seizure interfere with the patient's or spasticity disorders. activities of daily living and ability to function, and can be Intractable pain, limited objectively assessed and to pain unrelieved by evaluated. standard medical treatments or medications. Diseases that result in nausea, vomiting, wasting, appetite loss, cramping, when unrelieved by standard treatments or medications. Authorization of new qualifying terminal or debilitating medical conditions N/A MQAC, in consultation with the Board of Osteopathic Medicine and Surgery may authorize additional medical conditions based on patient Continue to allow the provision for petitions to add qualifying conditions. MQAC may make a preliminary finding of good cause before holding a hearing and expand the time frame for the hearing Uses Work Group Recommendations. Uses Work Group Recommendations Uses Work Group Recommendations. Not requiring DOH to adopt rules to define "debilitating" and "intractable pain." Adds to the definition in statute that the condition must be severe enough to significantly interfere with the patient's activities of daily living and ability to function, and can be objectively assessed and evaluated. SB 5887 (Proposed Sub, Senator Rivers) SB 6178 (Proposed Sub, Senator Kohl-Welles)

Prepared by: Kathleen Buchli, Senate Health Care Committee Staff Date: 2/9/2014

Comparison of the Recreational and Medical Marijuana Laws with the Medical Marijuana Work Group Recommendations Recreational Marijuana ( I-502) Current Law on Medical Marijuana petitions. They must hold a hearing and approve or deny the petition within 180 days of submission. Who may grow Licensed producers only. Recreational marijuana users may not grow for themselves. Patients may grow for themselves or may designate a provider to grow on their behalf or act as the designated provider for another patient. Medical Marijuana Work Group Recommendations to be completed. SB 5887 (Proposed Sub, Senator Rivers) SB 6178 (Proposed Sub, Senator Kohl-Welles)

Patients may grow for themselves or designate a provider to grow on their behalf. Patients who grow for themselves may also act as a designated provider for another patient.

Patients may grow for themselves or designate a provider to grow on their behalf. Patients may not grow for themselves and act as a designated provider to another patient. Uses Work Group Recommendations.

Uses Work Group Recommendations.

Who may sell

Licensed retail stores only.

Sales are not specifically authorized in the medical cannabis statutes. Some "dispensaries" are operating under the collective garden statutes and appear to be selling to patients. Up to ten patients and designated providers may combine their resources and grow for the medical needs of the

Licensed retail stores with a medical marijuana endorsement.

Uses Work Group Recommendations. Health care professionals are authorized to sell products that do not meet the statutory definition of marijuana.

Collective gardens

Not applicable.

Eliminates collective gardens.

Eliminates collective gardens effective July 30, 2016.

Eliminates collective gardens effective July 1, 2016.

Prepared by: Kathleen Buchli, Senate Health Care Committee Staff Date: 2/9/2014

Comparison of the Recreational and Medical Marijuana Laws with the Medical Marijuana Work Group Recommendations Recreational Marijuana ( I-502) Current Law on Medical Marijuana collective garden. Medical Marijuana Work Group Recommendations SB 5887 (Proposed Sub, Senator Rivers) SB 6178 (Proposed Sub, Senator Kohl-Welles)

Regulating agency

The Liquor Control Board is the regulatory agency.

No agency has regulatory authority over medical cannabis patients and providers.

The Liquor Control Board is to regulate licensing of recreational retailers with medical marijuana endorsements. The Department of Health is to administer the registry, and issue authorization cards, and regulate participating health care professionals.

Uses Work Group Recommendations. Renames Liquor Control Board to Liquor and Cannabis Board.

Uses Work Group Recommendations. Renames Liquor Control Board to Liquor and Cannabis Board.

Taxes

25% excise tax at each level of production and sale.

Patients are required to pay sales tax. Other levels of production are not taxed.

Patients are not required to pay sales tax at point of sale at an LCB store with an authorization card.

Retailers are not required to pay the excise tax at point of sale to patients holding a valid authorization card. Savings achieved through this exemption must be passed to the patient. Patients with an authorization card are not required to pay sales and use tax at point of sale at a retail store. Current sales of marijuana are exempt from sale tax, with this to expire to coincide with the

Retailers are not required to pay the excise tax at point of sale to patients holding a valid verification card. Savings achieved through this exemption must be passed to the patient. Patients are required to pay sales tax. A sales tax exemption is provided to patients if the Federal government moves marijuana from Schedule I of the

Prepared by: Kathleen Buchli, Senate Health Care Committee Staff Date: 2/9/2014

Comparison of the Recreational and Medical Marijuana Laws with the Medical Marijuana Work Group Recommendations Recreational Marijuana ( I-502) Current Law on Medical Marijuana Medical Marijuana Work Group Recommendations SB 5887 (Proposed Sub, Senator Rivers) expiration date of the collective gardens. Retailers are provided a use tax exemption for products that are donated to patients with authorization cards. SB 6178 (Proposed Sub, Senator Kohl-Welles) Controlled Substances Act.

Prepared by: Kathleen Buchli, Senate Health Care Committee Staff Date: 2/9/2014

Comparison of the Recreational and Medical Marijuana Laws with the Medical Marijuana Work Group Recommendations Recreational Marijuana ( I-502) Licenses Producers, processors, and retailers must be licensed. Current Law on Medical Marijuana No licensing requirements. Medical Marijuana Work Group Recommendations SB 5887 (Proposed Sub, Senator Rivers) SB 6178 (Proposed Sub, Senator Kohl-Welles) Uses Work Group Recommendations. Requires the LCB to consider the medical needs of patients in determining the number of retail licenses to be issued. Stores with a medical endorsement must have an employee or volunteer on staff who is knowledgeable about medical marijuana.

Producers, processors, and Uses Work Group retailers must be licensed Recommendations. under the system created for Requires the LCB to consider the recreational market. A the medical needs of patients in medical marijuana endorsement should be created determining the number of retail licenses to be issued. to sell to medical patients. The LCB may give a preference to those stores that indicate in their license application that they intend to be solely medical.

Stores with a medical marijuana The LCB may give a preference endorsement may indicate this on their store sign with a green to those stores that indicate in their license application that they cross. intend to be solely medical. Stores with a medical marijuana endorsement may indicate this on their store sign with a green cross.

Prepared by: Kathleen Buchli, Senate Health Care Committee Staff Date: 2/9/2014

Comparison of the Recreational and Medical Marijuana Laws with the Medical Marijuana Work Group Recommendations Recreational Marijuana ( I-502) Affirmative defense/Arrest protection Persons in compliance with the law on recreational marijuana will not be arrested. Current Law on Medical Marijuana Patients in compliance with the law on medical marijuana are provided with the ability to assert an affirmative defense to marijuana-related charges. Medical Marijuana Work Group Recommendations Patients and designated providers in compliance with statutory amounts related to medical marijuana will not be arrested. SB 5887 (Proposed Sub, Senator Rivers) Uses Work Group Recommendations. SB 6178 (Proposed Sub, Senator Kohl-Welles) Uses Work Group Recommendations. Also provides that patients who do not sign up in the program but who have valid documentation may assert an affirmative defense if they possess greater than the statutory amounts.

Retain the provision permitting a patient to assert Patients may assert an an affirmative defense if they affirmative defense if the possess an amount of amount of marijuana marijuana greater than the they possess exceeds the statutory amounts. statutory limits if they demonstrate that the greater amount is medically necessary.

Prepared by: Kathleen Buchli, Senate Health Care Committee Staff Date: 2/9/2014

Comparison of the Recreational and Medical Marijuana Laws with the Medical Marijuana Work Group Recommendations Recreational Marijuana ( I-502) Zoning Recreational marijuana businesses may not be within 1000 feet of the perimeter of the grounds of any of the following: elementary or secondary schools, playgrounds, recreational centers or facilities, child care centers, public parks, public transit centers, libraries, or any game arcade where admission is restricted to persons aged 21 or older. Current Law on Medical Marijuana Cities, towns, and counties may adopt zoning requirements relating to production, processing, or dispensing of cannabis products within their jurisdictions. Medical Marijuana Work Group Recommendations No recommendations were needed on zoning because the only stores able to sell to medical marijuana patients will be recreational businesses with medical marijuana endorsements. SB 5887 (Proposed Sub, Senator Rivers) Repeals zoning language pertaining to medical marijuana production, processing and dispensing only. SB 6178 (Proposed Sub, Senator Kohl-Welles) Repeals zoning language pertaining to medical marijuana production, processing and dispensing only. Businesses may not be located within 1000 feet of the perimeter of the grounds of the following: elementary or secondary schools, playgrounds, recreation centers or facilities, public parks, or game arcades where admission is restricted to persons aged 21 or older. Removes child care centers, public transit centers and libraries from the list in I-502. Funds marked for the Washington State Health Plan are to go to the Health Care Authority to fund low-income health care and mental health care.

Revenue

Provides that all marijuana excise taxes shall be disbursed according to statutory requirements. DSHS and DOH receive funds. Also on the list of fund recipients is the now obsolete Washington Basic Health Plan.

N/A

N/A

Funds marked for the Washington State Health Plan are to go to the Health Care Authority to fund low-income health care and mental health care. Thirty percent of the excise tax paid by retailers is to be distributed to counties, cities, and towns for law enforcement and public safety activities.

Prepared by: Kathleen Buchli, Senate Health Care Committee Staff Date: 2/9/2014

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Comparison of the Recreational and Medical Marijuana Laws with the Medical Marijuana Work Group Recommendations Recreational Marijuana ( I-502) Studies N/A Current Law on Medical Marijuana N/A Medical Marijuana Work Group Recommendations N/A SB 5887 (Proposed Sub, Senator Rivers) N/A SB 6178 (Proposed Sub, Senator Kohl-Welles) The LCB is to report on the use of the medical marijuana endorsement and the types of products sold under that endorsement. They must also report on whether additional types of licenses are needed to meet the medical needs of patients and whether patients should be permitted to grow in small groups. Establishes a medical marijuana advisory group to assist the LCB in its report. The advisory group consists of medical marijuana stakeholders including, authorizing health care professionals, producers, processors, and retailers, and patients.

Prepared by: Kathleen Buchli, Senate Health Care Committee Staff Date: 2/9/2014

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