AGING AND DISABILITY SERVICES ADMINISTRATION
2007 AFH "Dear Provider" Letters
June 11, 2007
ADSA: AFH #2007-003
ESSB 6032 – MEDICAL MARIJUANA
Dear Adult Family Home Provider:
The 2007 Washington Legislature recently passed ESSB 6032 regarding the use of medical marijuana. The Governor signed the bill into law effective on July 21, 2007. The purpose of this letter is to inform you of the changes made to the medical marijuana law, chapter 69.51A RCW and some of its provisions.
Highlights of the new bill:
- Deletes definition of primary caregiver and instead adds definition of designated provider.
- Adds Crohn’s disease, hepatitis C, and other diseases when the symptoms are unrelieved by standard treatments or medications to terminal or debilitating medical condition definition.
- Washington state medical quality assurance commission and board of osteopathic medicine and surgery or other appropriate agency designated by the governor must accept consideration petitions to add terminal or debilitating conditions to the list.
- Valid documentation includes a copy of a physician statement that the patient may benefit from medical use of marijuana.
- If a law enforcement officer determines that marijuana is being possessed lawfully, the officer may document the amount, take a representative sample but does not need to seize the marijuana.
- By July 2008, the Department of Health must adopt rules defining the quantity of marijuana “presumed to be a sixty day supply” for qualifying patients.
It is not the department’s decision whether or not a provider admits a resident who is qualified to using medical marijuana. If a provider chooses to accept residents who are qualified to use medical marijuana, the areas for consideration are:
- All conditions outlined in state law must be met.
- The provider must develop and implement policies and procedures for the medical use of marijuana, consistent with applicable laws.
- The provider must strictly follow their policies and procedures for the medical use of marijuana.
- The rights of other residents must not be negatively impacted by a resident smoking marijuana.
- Staff must not intercept or use the marijuana themselves.
You may access the complete Engrossed Substitute Senate Bill 6032 online at:
http://apps.leg.wa.gov/billinfo/summary.aspx?bill=6032&year=2007
If you have any questions, please contact your RCS Field Manager.
Sincerely,
Joyce Pashley Stockwell, Director
Residential Care Services
