ISSUE
Gov. Chris Gregoire today partially vetoed Senate Bill 5073 – the medical-cannabis bill approved in the Legislature earlier this year. State Rep. Jim Moeller, who prime-sponsored the companion measure, House Bill 1130, said this about the governor’s partial veto:
STATEMENT
“The governor’s partial veto of key sections of Senate Bill 5073 is very disappointing. Like many legislators – and like, I’m sure, the governor, herself – I’ve received calls from people who are living in chronic pain. They don’t want to take opioids to help fight that pain. Medical cannabis is a good and appropriate option for them.”
“This partial veto perpetuates the discrimination against patients whose choices are limited by pharmacology or genetics. Would we do this to any other patient? Indeed, it is ironic that we now, thankfully, regulate the final life-choices for terminal patients – and yet we still deny some folks this medicine they need to lessen their pain.”
“I do certainly look forward to continuing the work at crafting a measure that we can all stand behind – and that will provide patients comfort from pain and protection from prosecution.”
BACKGROUND
Washington voters in 1998 approved Initiative 692 by 59 percent. This state law is called the Medical Use of Marijuana Act. The law creates what is called an affirmative defense if and when one is charged with violating laws relating to marijuana if the person so charged uses and possesses the marijuana for medicinal purposes. Qualifying patients, or their designated providers, can establish the defense – as long as they:
1. Possess only the amount of marijuana necessary for their personal use.
2. Present valid documentation to law-enforcement officers.
“Qualifying patients” are people who have been:
1. Diagnosed with a terminal or debilitating medical condition.
2. Advised by a physician about the risks and benefits of medical use of marijuana.
3. Advised by a physician that they may benefit from such use.
The legislation:
1. Establishes a regulatory system for producing, processing, and dispensing
cannabis intended for medical use.
2. Establishes protections from criminal liability, including arrest and prosecution protection, and an affirmative defense for certain qualifying patients, designated providers, health-care professionals, licensed producers, licensed processors, and licensed dispensers.
3. Establishes a voluntary registry in which qualifying patients and designated
providers can enroll and receive protection from arrest and prosecution.