Medical Cannabis On The Verge Of Being Destroyed In Washington | The Weed Blog
Medical Cannabis On The Verge Of Being Destroyed In Washington | The Weed Blog
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Thousands Look to Get Rich from Weed in Washington | High Times
The marijuana green rush is reportedly creating a rabid smoke screen of commerce across Washington State, where people from all walks of life and various parts of the country have crossed over into pot-friendly territory in hopes doing one thing — getting rich by selling weed.
While Colorado is set to allow medical marijuana dispensaries to start selling pot for recreational use in January, the laws in Washington are a little more liberal: basically permitting anyone without a felony that wants to battle it out in the trenches of the state’s marijuana industry to do so.
Earlier this week, Washington received hundreds of applications for state licenses from farmers, chefs, real estate agents, growers, security guards and many others, all looking to stake their claim in the impending boom of a new, greener marketplace.
One applicant, a former Microsoft employee who left his job as a software engineer to become a pig farmer, recently decided to open a 25,000-square-foot grow operation. Bruce King says he does not smoke weed, but “You don’t have to like Brussels sprouts to grow them,” or capitalize on them either.
Marla Molly Poiset says she traded in her career as an interior designer and went to culinary school in hopes of “Blending my newfound patisserie skills with medical cannabis.” Her goal is to create French chocolates and pastries for patients that have trouble swallowing pills.
Another woman says she was “the poster child for anti-cannabis,” until she discovered the healing properties pot had on her daughter’s digestive condition. Now, Angel Swanson and her husband own a medical marijuana dispensary in Tacoma, with plans to sell recreational weed next year.
Washington State is set to begin recreation marijuana sales in the late spring of 2014.
Mike Adams writes for Playboy’s The Smoking Jacket, Townsquare Media and Hustler magazine. Find him on Facebook: facebook.com/mikeadams73 or follow him on Twitter @adamssoup
These are the Marijuana laws of the Pacific Crest Trail – PCT Team Green 2014
These are the Marijuana laws of the Pacific Crest Trail
Ballot Proposition 215 (45 KB) — Approved Nov. 5, 1996 by 56% of voters
Effective: Nov. 6, 1996
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a “written or oral recommendation” from their physician that he or she “would benefit from medical marijuana.” Patients diagnosed with any debilitating illness where the medical use of marijuana has been “deemed appropriate and has been recommended by a physician” are afforded legal protection under this act.
Approved Conditions: AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, including spasms associated with multiple sclerosis, seizures, including seizures associated with epilepsy, severe nausea; Other chronic or persistent medical symptoms.
Amended: Senate Bill 420 (70 KB)
Effective: Jan. 1, 2004
Imposes statewide guidelines outlining how much medicinal marijuana patients may grow and possess.
Possession/Cultivation: Qualified patients and their primary caregivers may possess no more than eight ounces of dried marijuana and/or six mature (or 12 immature) marijuana plants. However, S.B. 420 allows patients to possess larger amounts of marijuana when recommended by a physician. The legislation also allows counties and municipalities to approve and/or maintain local ordinances permitting patients to possess larger quantities of medicinal pot than allowed under the new state guidelines.
S.B. 420 also grants implied legal protection to the state’s medicinal marijuana dispensaries, stating, “Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients … who associate within the state of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions.”
4: [Editor’s Note: On Jan. 21, 2010, the California Supreme Court affirmed (S164830 (300 KB)) the May 22, 2008 Second District Court of Appeals ruling (50 KB) in the Kelly Case that the possession limits set by SB 420 violate the California constitution because the voter-approved Prop. 215 can only be amended by the voters.
ProCon.org contacted the California Medical Marijuana Program (MMP) on Dec. 6, 2010 to ask 1) how the ruling affected the implementation of the program, and 2) what instructions are given to patients regarding possession limits. A California Department of Public Health (CDPH) Office of Public Affairs representative wrote the following in a Dec. 7, 2010 email to ProCon.org: “The role of MMP under Senate Bill 420 is to implement the State Medical Marijuana ID Card Program in all California counties. CDPH does not oversee the amounts that a patient may possess or grow. When asked what a patient can possess, patients are referred to www.courtinfo.ca.gov, case S164830 which is the Kelly case, changing the amounts a patient can possess from 8 oz, 6 mature plants or 12 immature plants to ‘the amount needed for a patient’s personal use.’ MMP can only cite what the law says.”
According to a Jan. 21, 2010 article titled “California Supreme Court Further Clarifies Medical Marijuana Laws,” by Aaron Smith, California Policy Director at the Marijuana Policy Project, the impact of the ruling is that people growing more than 6 mature or 12 immature plants are still subject to arrest and prosecution, but they will be allowed to use a medical necessity defense in court.]
Attorney General’s Guidelines:
On Aug. 25, 2008, California Attorney General Jerry Brown issued guidelines for law enforcement and medical marijuana patients to clarify the state’s laws. Read more about the guidelines here.
Ballot Measure 67 (75 KB) — Approved by 55% of voters on Nov. 3, 1998
Effective: Dec. 3, 1998
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed recommendation from their physician stating that marijuana “may mitigate” his or her debilitating symptoms.
Approved Conditions: Cancer, glaucoma, positive status for HIV/AIDS, or treatment for these conditions; A medical condition or treatment for a medical condition that produces cachexia, severe pain, severe nausea, seizures, including seizures caused by epilepsy, or persistent muscle spasms, including spasms caused by multiple sclerosis. Other conditions are subject to approval by the Health Division of the Oregon Department of Human Resources.
Possession/Cultivation: A registry identification cardholder or the designated primary caregiver of the cardholder may possess up to six mature marijuana plants and 24 ounces of usable marijuana. A registry identification cardholder and the designated primary caregiver of the cardholder may possess a combined total of up to 18 marijuana seedlings. (per Oregon Revised Statutes ORS 475.300 — ORS 475.346) (52 KB)
Amended: Senate Bill 1085 (52 KB)
Effective: Jan. 1, 2006
State-qualified patients who possess cannabis in amounts exceeding the new state guidelines will no longer retain the ability to argue an “affirmative defense” of medical necessity at trial. Patients who fail to register with the state, but who possess medical cannabis in amounts compliant with state law, still retain the ability to raise an “affirmative defense” at trial.
The law also redefines “mature plants” to include only those cannabis plants that are more than 12 inches in height and diameter, and establish a state-registry for those authorized to produce medical cannabis to qualified patients.
Amended: House Bill 3052
Effective: July 21, 1999
Mandates that patients (or their caregivers) may only cultivate marijuana in one location, and requires that patients must be diagnosed by their physicians at least 12 months prior to an arrest in order to present an “affirmative defense.” This bill also states that law enforcement officials who seize marijuana from a patient pending trial do not have to keep those plants alive. Last year the Oregon Board of Health approved agitation due to Alzheimer’s disease to the list of debilitating conditions qualifying for legal protection.
In August 2001, program administrators filed established temporary procedures further defining the relationship between physicians and patients. The new rule defines attending physician as “a physician who has established a physician/patient relationship with the patient;… is primarily responsible for the care and treatment of the patients;… has reviewed a patient’s medical records at the patient’s request, has conducted a thorough physical examination of the patient, has provided a treatment plan and/or follow-up care, and has documented these activities in a patient file.”
Amended: SB 281 (25 KB)
Signed by Gov. John Kitzhaber on June 6, 2013
Adds post-traumatic stress disorder (PTSD) to the list of approved conditions for medical marijuana use.
Amended: HB 3460 (50 KB)
Signed by Gov. John Kitzhaber on Aug. 14, 2013
Creates a dispensary program by allowing the state licensing and regulation of medical marijuana facilities to transfer marijuana to registry identification cardholders or their designated primary caregivers.
[Editor’s Note: On Nov. 2, 2010, 55.79% of Oregon Voters rejected Measure 74 (100 KB), which would have allowed for the creation of state-regulated dispensaries.]
Chapter 69.51A RCW (4KB) Ballot Initiative I-692 — Approved by 59% of voters on Nov. 3, 1998
Effective: Nov. 3, 1998
Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess “valid documentation” from their physician affirming that he or she suffers from a debilitating condition and that the “potential benefits of the medical use of marijuana would likely outweigh the health risks.”
Approved Conditions: Cachexia; cancer; HIV or AIDS; epilepsy; glaucoma; intractable pain (defined as pain unrelieved by standard treatment or medications); and multiple sclerosis. Other conditions are subject to approval by the Washington Board of Health.
Possession/Cultivation: Patients (or their primary caregivers) may legally possess or cultivate no more than a 60-day supply of marijuana. The law does not establish a state-run patient registry.
Amended: Senate Bill 6032 (29 KB)
Effective: 2007 (rules being defined by Legislature with a July 1, 2008 due date)
Amended: Final Rule (123 KB) based on Significant Analysis (370 KB)
Effective: Nov. 2, 2008
Approved Conditions: Added Crohn’s disease, Hepatitis C with debilitating nausea or intractable pain, diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when those conditions are unrelieved by standard treatments or medications.
Possession/Cultivation: A qualifying patient and designated provider may possess a total of no more than twenty-four ounces of usable marijuana, and no more than fifteen plants. This quantity became the state’s official “60-day supply” on Nov. 2, 2008.
[Editor’s Note: On Jan. 21, 2010, the Supreme Court of the State of Washington ruled that Ballot Initiative “I-692 did not legalize marijuana, but rather provided an authorized user with an affirmative defense if the user shows compliance with the requirements for medical marijuana possession.” State v. Fry (125 KB)
ProCon.org contacted the Washington Department of Health to ask whether it had received any instructions in light of this ruling. Kristi Weeks, Director of Policy and Legislation, stated the following in a Jan. 25, 2010 email response to ProCon.org:
“The Department of Health has a limited role related to medical marijuana in the state of Washington. Specifically, we were directed by the Legislature to determine the amount of a 60 day supply and conduct a study of issues related to access to medical marijuana. Both of these tasks have been completed. We have maintained the medical marijuana webpage for the convenience of the public.
The department has not received ‘any instructions’ in light of State v. Fry. That case does not change the law or affect the 60 day supply. Chapter 69.51A RCW, as confirmed in Fry, provides an affirmative defense to prosecution for possession of marijuana for qualifying patients and caregivers.”]
Amended: SB 5073 (375 KB)
Effective: July 22, 2011
Gov. Christine Gregoire signed sections of the bill and partially vetoed others, as explained in the Apr. 29, 2011 veto notice. (50 KB) Gov. Gregoire struck down sections related to creating state-licensed medical marijuana dispensaries and a voluntary patient registry.
[Editor’s Note: On Nov. 6, 2012, Washington voters passed Initiative 502, which allows the state to “license and regulate marijuana production, distribution, and possession for persons over 21 and tax marijuana sales.” The website for Washington’s medical marijuana program states that the intiative “does not amend or repeal the medical marijuana laws (chapter 69.51A RCW) in any way. The laws relating to authorization of medical marijuana by healthcare providers are still valid and enforceable.”]
No federal challenge to pot legalization in 2 states – CNN.com
Washington (CNN) — The Justice Department said it won’t challenge state laws that legalize marijuana and will focus federal enforcement on serious trafficking cases and keeping the drug away from children.
Attorney General Eric Holder, in a conference call Thursday morning, notified the governors of Colorado and Washington that the department, for now, will not seek to pre-empt those states’ laws, which followed voters’ approval of ballot measures that legalized recreational marijuana use.
Marijuana will remain illegal under the federal Controlled Substances Act. But a department memo to federal prosecutors tightened federal marijuana prosecution standards.
Under the new guidelines, federal prosecutors are required to focus on eight enforcement priorities, including preventing marijuana distribution to minors, preventing drugged driving, stopping drug trafficking by gangs and cartels and forbidding the cultivation of marijuana on public lands.
The guidelines, issued by Deputy Attorney General James Cole, have been months in the making and took on some urgency after citizens in Colorado and Washington approved the ballot measures last fall. Nineteen states and the District of Columbia allow some legal use of marijuana, primarily for medicinal purposes.
The attorney general told the Washington and Colorado governors that the Justice Department will work with the states to craft regulations that fall in line with the federal priorities, and reserves the right to try to block the laws if federal authorities find repeated violations.
The memo to prosecutors also seeks to address one common complaint from medicinal marijuana dispensaries in some states, which have been subject to raids by federal agents because they were deemed too big or profitable.
The size and profitability of marijuana businesses will still be a factor prosecutors can consider, but there also must be additional illegal activities for prosecutors to take action.
The new guidelines don’t change federal money laundering rules, meaning that some large banks may still be leery of doing business with marijuana producers and sellers. However, Justice Department officials said there is some leeway for banks to provide services to such businesses, so long as they don’t violate the eight priorities being assigned to federal prosecutors.
“We received good news this morning when Attorney General Eric Holder told the governor the federal government would not pre-empt Washington and Colorado as the states implement a highly regulated legalized market for marijuana,” Washington Gov. Jay Inslee and Attorney General Bob Ferguson said in a statement.
“We want to thank the attorney general for working with the states on this and for finding a way that allows our initiative to move forward while maintaining a commitment to fighting illegal drugs. This reflects a balanced approach by the federal government that respects the states’ interests in implementing these laws and recognizes the federal government’s role in fighting illegal drugs and criminal activity,” they said.
Company wants to introduce marijuana vending machines to Washington – Local – MyNorthwest.com
Obama marijuana Colorado Washington – chicagotribune.com
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Washington State’s cannabis business attorneys. We help you operate legally under MMJ laws and will help you navigate I-502.
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