Prosecutors Desk 6-5-11

There were some changes to the medical marijuana law this year.  The Governor vetoed some of the bill which the legislature passed because it was in conflict with federal law and would place some state workers at risk of federal prosecution.  Here are some parts of the legislation that were signed into law.

Section 301 – increases the need for an ongoing and documented relationship between the health care professional and qualifying patient, including the need for a physical examination, as well as restrictions on how health care professionals advertise and act.

Section 403 – Allows for community gardens of for up to 10 patients limited to 45 plants and 72 ounces of useable cannabis.  Patient identity and valid documentation must be present at the garden at all times.

Section 404 – A designated provider cannot start serving another patient without a 15 day break from being last patients designated provider (this does away with the argued gray area/starbucks model for dispensaries under existing law).

Section 405 – provides the affirmative defense if possessing more than 15 plants and 24 ounces, law enforcement may seize amounts over the limit

Section 406 – provides the affirmative defense if not providing documentation as long as it can later be shown that the person had it at time of questioning by law enforcement.

Section 408 – medical use of marijuana not grounds to deny organ transplant.

Section 409 – medical use of marijuana not grounds to deny child custody.

Section 501 – public use or display of medical marijuana is reduced from a misdemeanor to a class 3 civil infraction.  Employers may have drug free workplaces.

Section 1105 – correctional facilities and supervision authorities do not have to accommodate medicinal use of marijuana.

This is a brief analysis of some of the changes to the medical marijuana law based upon information I have at this time.  There is no provision in the law at this time for the existence of the marijuana drug stores.  These remain illegal and are the object of continuing federal and state prosecutions. So far as I am aware, at this time there are no medical marijuana drug stores operating in Stevens County.

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