Seattle Cross is your local Medical Marijuana co-op, providing safe access for medical marijuana patients. We provide a safe and friendly place for individuals who are prescribed medical marijuana from their physician to come and receive the help, advice, and compassion they deserve. Because we provide a service that offers an alternative to mainstream medicine, we want all our patients to know the rules and regulations of our business. We want you to be completely comfortable with us and be able to begin the process of improving your quality of life. Here are some simple facts from the state of Washington Department of Health and some links to pages that may help you understand a little more about where the local and federal government stand.

Dispensaries are storefront facilities that provide marijuana for patients — and in some cases, support services. Patients in parts of Canada and California have access to marijuana from dispensaries. Dispensaries might improve patient access to an adequate, safe, and consistent source of marijuana. At the same time, dispensaries can make it more difficult to secure marijuana from diversion and could lead to increased crime and federal action. Regulation may help ensure patient and public safety by deterring crime and diversion. Most patients told the department they want legal protection for dispensaries. Some comments from individual law enforcement officers indicate support for regulated dispensaries.

Washington voters passed the Medical Use of Marijuana Act in November 1998. The Act allows people with certain medical conditions and a doctor’s recommendation to use marijuana for health reasons. The law defines medical use as the production, possession, or administration of marijuana. It allows patients to possess a 60-day supply. The law allowed patients to name a caregiver to help with the medical use of marijuana. Patients and caregivers can cite the medical use of marijuana as a defense against state criminal charges, thereby avoiding prosecution.

Over the years, several issues have indicated a need to clarify the law. First, the law does not define a 60-day supply. Patients and police are left to come up with their own interpretations. These interpretations are often conflicting, leading to the arrest of patients and caregivers who think they are following the law. Second, the law does not provide patients with a legal source. Without a legal source, patients are put in an awkward and dangerous situation in which they must break the law to get usable marijuana or seeds to grow their own supply. The lack of a clearl legal source also affects law enforcement, who must try to distinguish between legitimate patients and providers and illegal users and dealers.

In 2007, the Washington State Legislature passed the Engrossed Substitute Senate Bill (ESSB) 6032. It aimed “to clarify the law on medical marijuana so that the lawful use of this substance is not impaired.” Clarification is supposed to help doctors, patients, and providers take part in the medical use of marijuana “without fear of state criminal prosecution.” It is also meant to clarify the law for police and the courts.

The new law makes several changes to the previous one. Patients may now have a designated provider instead of a primary caregiver. Unlike a caregiver, a provider does not have to be responsible for the patient’s housing, health, or care. The new law also says police should not seize the marijuana of a qualified and complying patient or provider. Instead, they should take only a sample if they suspect a patient or provider of exceeding the amount allowed by law.

The law directs the Department of Health to work on two projects. First, the department must draft rules to define a 60-day supply. The department must also report to the legislature on access to medical marijuana. The law says the report should address patient “access to an adequate, safe, consistent, and secure source, including alternative distribution systems.” Information should come from “medical and scientific literature, consulting with experts and the public, and reviewing the best practices of other states.” This report is in response to the second directive.

Conclusions From the DOH “Final Report”

The lack of a clearly legal source for medical marijuana is a problem for patients and law enforcement. Most people who expressed an opinion to the department agree there needs to be a safe, legal source for qualified patients.

Effective patient access should consider issues such as barriers to access, other jurisdictions’ experiences, and the concerns of stakeholders.

Patients have different views on the best way to provide access. Many said they want multiple sources. Many patients want legal protection for group growing and dispensaries.

Group growing, dispensaries, and government supply have the potential to increase patient access to an adequate and consistent source.

Marijuana diversion may be a challenge for group growing and dispensaries. Security measures, accounting procedures, and government oversight might reduce the risk.

Patient and public safety may be a challenge for group growing and dispensaries. Security procedures and government regulation could reduce these risks.

Government supply may be more secure and safe. The law enforcement community may support a state-controlled system.

Government supply faces many challenges, including unknown costs, potential federal responses, and patient concerns about product quality.

Seattle Cross got this information from the Washington State Department of Health and the Federal Department of Health and Human Services.

Links

http://www.doh.wa.gov/

http://www.hhs.gov/

http://www.doh.wa.gov/hsqa/medical-marijuana/FinalReport.htm

http://www.hhs.gov/news/press/2002pres/marijuana.html