AGING AND DISABILITY SERVICES ADMINISTRATION

October 22, 1999

AASA: BH #99-021
RE: Medical Marijuana

Dear Boarding Home Provider:

The purpose of this letter is to inform you of the new medical use of marijuana law and some of its provisions. Enclosed is a copy of the law.

In November, 1998, Washington voters passed Initiative 692, allowing marijuana to be used for medical purposes under specific circumstances. That initiative became law in January 1999 and is now chapter 69.51A RCW.

The new law allows qualifying patients with terminal or debilitating illnesses to possess and use marijuana. It protects the validating physician and the patient's primary caregiver from criminal prosecution and/or penalizing administrative actions.

The new law did not include a provision for any state agency to write rules to implement the medical use of marijuana. However, we know that there may be questions about the law and its provisions and include the following information for you.

Some of the provisions of the law are:

• Only medical and osteopathic physicians may provide the validation for a patient's medical use of marijuana. RCW 69.51A.030(1)(2)
• Patients must have "valid documentation" or copies of their records showing that they qualify. (The valid documentation is not a prescription, it is still against the federal law to prescribe marijuana.) RCW 69.51A.010(5)(a)(b) and RCW 69.51A.030(2).
• Patients and "primary caregiver" combined cannot possess more than a sixty day supply of marijuana. There are no provisions for the distribution of marijuana and it is still against the law to sell it. RCW 69.51A.040(2)(b) and (4)(b)
• While a patient may have several caregivers, and caregivers may care for multiple patients in their caseload, a caregiver may only be a "primary caregiver" for one medical marijuana user at a time for the purpose of this law. RCW 69.51A.040(4)(e)
• Terminal and debilitating conditions are defined in the law. New conditions can only be added by petitioning the Medical Quality Assurance Commission. RCW 69.51A.010(4)(a)(b)(c)(d)

In order to assist you with questions that you may have in regard to the medical use of marijuana in your facility, we have provided the following areas for your consideration:

• The conditions outlined in state law must be met; if not, then the police should be notified.
• The facility must develop and implement policies and procedures for the medical use of marijuana, consistent with applicable federal and state laws;
• The facility must follow their medical use of marijuana policies and procedures;
• The rights of other residents must not be negatively impacted by another resident smoking marijuana; and
• Staff must not intercept or use the marijuana themselves.

As noted earlier, the statute only allows users with "valid documentation" and "primary caregivers" to possess marijuana for medical use. The department and boarding home will not be involved in assisting users or caregivers in acquiring or paying for the marijuana.

We hope that this information is helpful to you in considering this issue and encourage you to read the enclosed law. If you have further questions, please call your area manager.

Sincerely,

Patricia K. Lashway, Director
Residential Care Services

Enclosure

cc: Mindy Schaffner, Administrator, Community Services Quality Assurance
CSQA Area Managers