INITIATIVE 692

        AN ACT Relating to the medical use of marijuana; adding a new
chapter to Title 69 RCW; and prescribing penalties.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:

NEW SECTION:  Sec. 1.  TITLE.
This chapter may be known and cited as the Washington state medical use
of marijuana act.

NEW SECTION.  Sec. 2.  PURPOSE AND INTENT.
The People of Washington state find that some patients with terminal or
debilitating illnesses, under their physician's care, may benefit from
the medical use of marijuana.  Some of the illnesses for which
marijuana appears to be beneficial include chemotherapy-related nausea
and vomiting in cancer patients; AIDS wasting syndrome; severe muscle
spasms associated with multiple sclerosis and other spasticity
disorders; epilepsy; acute or chronic glaucoma; and some forms of
intractable pain.

The People find that humanitarian compassion necessitates that the
decision to authorize the medical use of marijuana by patients with
terminal or debilitating illnesses is a personal, individual decision,
based upon their physicians' professional medical judgment and
discretion.

Therefore, The people of the state of Washington intend that:

Qualifying patients with terminal or debilitating illnesses who, in the
judgment of their physicians, would benefit from the medical use of
marijuana, shall not be found guilty of a crime under state law for
their possession and limited use of marijuana;

Persons who act as primary caregivers to such patients shall also not
be found guilty of a crime under state law for assisting with the
medical use of marijuana; and

Physicians also be excepted from liability and prosecution for the
authorization of marijuana use to qualifying patients for whom, in the
physician's professional judgment, medical marijuana may prove
beneficial.

NEW SECTION.  Sec. 3.  NON-MEDICAL PURPOSES PROHIBITED.
Nothing in this chapter shall be construed to supersede Washington
state law prohibiting the acquisition, possession, manufacture, sale,
or use of marijuana for non-medical purposes.

NEW SECTION.  Sec. 4.  PROTECTING PHYSICIANS AUTHORIZING THE USE OF
MEDICAL MARIJUANA.
A physician licensed under chapter 18.71 RCW or chapter 18.57 RCW shall
be excepted from the state's criminal laws and shall not be penalized
in any manner, or denied any right or privilege, for:
1.   Advising a qualifying patient about the risks and benefits of
     medical use of marijuana or that the qualifying patient may benefit
     from the medical use of marijuana where such use is within a
     professional standard of care or in the individual physician's
     medical judgment; or
2.   Providing a qualifying patient with valid documentation, based upon
     the physician's assessment of the qualifying patient's medical
     history and current medical condition, that the potential benefits
     of the medical use of marijuana would likely outweigh the health
     risks for the particular qualifying patient.

NEW SECTION.  Sec. 5.  PROTECTING QUALIFYING PATIENTS AND PRIMARY
CAREGIVERS.
1.   If charged with a violation of state law relating to marijuana, any
     qualifying patient who is engaged in the medical use of marijuana,
     or any designated primary caregiver who assists a qualifying
     patient in the medical use of marijuana, will be deemed to have
     established an affirmative defense to such charges by proof of his
     or her compliance with the requirements provided in this chapter. 
     Any person meeting the requirements appropriate to his or her
     status under this chapter shall be considered to have engaged in
     activities permitted by this chapter and shall not be penalized in
     any manner, or denied any right or privilege, for such actions.
2.   The qualifying patient, if eighteen years of age or older, shall:
     (a)   Meet all criteria for status as a qualifying patient;
     (b)   Possess no more marijuana than is necessary for the patient's
           personal, medical use, not exceeding the amount necessary for
           a sixty day supply; and
     (c)   Present his or her valid documentation to any law enforcement
           official who questions the patient regarding his or her
           medical use of marijuana.
3.   The qualifying patient, if under eighteen years of age, shall
     comply with subsection (2) (a) and (c) of this section.  However,
     any possession under subsection (2) (b) of this act, as well as any
     production, acquisition, and decision as to dosage and frequency of
     use, shall be the responsibility of the parent or legal guardian of
     the qualifying patient.
4.   The designated primary caregiver shall:
     (a)   Meet all criteria for status as a primary caregiver to a
           qualifying patient;
     (b)   Possess, in combination with and as an agent for the
           qualifying patient, no more marijuana than is necessary for
           the patient's personal, medical use, not exceeding the amount
           necessary for a sixty day supply;
     (c)   Present a copy of the qualifying patient's valid documentation
           required by this chapter, as well as evidence of designation
           to act as primary caregiver by the patient, to any law
           enforcement official requesting such information;
     (d)   Be prohibited from consuming marijuana obtained for the
           personal, medical use of the patient for whom the individual
           is acting as primary caregiver; and
     (e)   Be the primary caregiver to only one patient at any one time.

NEW SECTION.  Sec. 6.  DEFINITIONS.
The definitions in this section apply throughout this chapter unless
the context clearly requires otherwise.
1.   "Medical use of marijuana" means the production, possession, or
     administration of marijuana, as defined in RCW 69.50.101(q), for
     the exclusive benefit of a qualifying patient in the treatment of
     his or her terminal or debilitating illness.
2.   "Primary caregiver" means a person who:
     (a)   Is eighteen years of age or older;
     (b)   Is responsible for the housing, health, or care of the
           patient;
     (c)   Has been designated in writing by a patient to perform the
           duties of primary caregiver under this chapter.
3.   "Qualifying Patient" means a person who:
     (a)   Is a patient of a physician licensed under chapter 18.71 or
           18.57 RCW;
     (b)   Has been diagnosed by that physician as having a terminal or
           debilitating medical condition;
     (c)   Is a resident of the state of Washington at the time of such
           diagnosis;
     (d)   Has been advised by that physician about the risks and
           benefits of the medical use of marijuana; and
     (e)   Has been advised by that physician that they may benefit from
           the medical use of marijuana.
4.   "Terminal or Debilitating Medical Condition" means:
     (a)   Cancer, human immunodeficiency virus (HIV), multiple
           sclerosis, epilepsy or other seizure disorder, or spasticity
           disorders; or
     (b)   Intractable pain, limited for the purpose of this chapter to
           mean pain unrelieved by standard medical treatments and
           medications; or
     (c)   Glaucoma, either acute or chronic, limited for the purpose of
           this chapter to mean increased intraocular pressure unrelieved
           by standard treatments and medications; or
     (d)   Any other medical condition duly approved by the Washington
           state medical quality assurance board as directed in this
           chapter.
5.   "Valid Documentation" means:
     (a)   A statement signed by a qualifying patient's physician, or a
           copy of the qualifying patient's pertinent medical records,
           which states that, in the physician's professional opinion,
           the potential benefits of the medical use of marijuana would
           likely outweigh the health risks for a particular qualifying
           patient; and
     (b)   Proof of Identity such as a Washington state driver's license
           or identicard, as defined in RCW 46.20.035.

NEW SECTION.  Sec. 7.  ADDITIONAL PROTECTIONS.
1.    The lawful possession or manufacture of medical marijuana as
      authorized by this chapter shall not result in the forfeiture or
      seizure of any property.
2.    No person shall be prosecuted for constructive possession,
      conspiracy, or any other criminal offense solely for being in the
      presence or vicinity of medical marijuana or it's use as
      authorized by this chapter.
3.    The state shall not be held liable for any deleterious outcomes
      from the medical use of marijuana by any qualifying patient.

NEW SECTION.  Sec. 8.  RESTRICTIONS, AND LIMITATIONS REGARDING THE
MEDICAL USE OF MARIJUANA.
1.    It shall be a misdemeanor to use or display medical marijuana in
      a manner or place which is open to the view of the general public.
2.    Nothing in this chapter requires any health insurance provider to
      be liable for any claim for reimbursement for the medical use of
      marijuana.
3.    Nothing in this chapter requires any physician to authorize the
      use of medical marijuana for a patient.
4.    Nothing in this chapter requires any accommodation of any medical
      use of marijuana in any place of employment, in any school bus or
      on any school grounds, or in any youth center.
5.    It is a class C felony to fraudulently produce any record
      purporting to be, or tamper with the content of any record for the
      purpose of having it accepted as, valid documentation under
      section 6 (5)(a) of this act.
6.    No person shall be entitled to claim the affirmative defense
      provided in Section 5 of this act for engaging in the medical use
      of marijuana in a way that endangers the health or well-being of
      any person through the use of a motorized vehicle on a street,
      road, or highway.

NEW SECTION.  Sec. 9.  ADDITION OF MEDICAL CONDITIONS.
The Washington state medical quality assurance board, or other
appropriate agency as designated by the governor, shall accept for
consideration petitions submitted by physicians or patients to add
terminal or debilitating conditions to those included in this chapter. 
In considering such petitions, the Washington state medical quality
assurance board shall include public notice of, and an opportunity to
comment in a public hearing upon, such petitions.  The Washington state
medical quality assurance board shall, after hearing, approve or deny
such petitions within one hundred eighty days of submission.  The
approval or denial of such a petition shall be considered a final
agency action, subject to judicial review.

NEW SECTION.  Sec. 10.  SEVERABILITY.
If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected.

NEW SECTION.  Sec. 11.  CAPTIONS NOT LAW.
Captions used in this chapter are not any part of the law.

NEW SECTION.  Sec. 12.
Sections 1 through 11 of this act constitute a new chapter in Title 69
RCW.

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