SB 5073 Passes Senate 29-20. What Now?

Draper

Member
I wonder if Gregoire will sign it. I think its positive, getting into the light and paying taxes is the goal.
 

UltramegaMJ

Member
From what I can tell, there is quite a bit of this bill that will set back MMJ in Washington. A huge percent of the state's MMJ patients will lose their recommendations and finding a doctor who will grant you a new one is about to get a lot more difficult. It essentially threatens doctors with professional penalties for granting too many recommendations, a limit which is to be determined by the Department of Health. It seems like there are a lot of people building the foundation for an amazing MMJ program in Washington, but this bill could end those efforts rapidly if we aren't careful of its implications.
 

PeteSwitch

Well-Known Member
From what I can tell, there is quite a bit of this bill that will set back MMJ in Washington. A huge percent of the state's MMJ patients will lose their recommendations and finding a doctor who will grant you a new one is about to get a lot more difficult. It essentially threatens doctors with professional penalties for granting too many recommendations, a limit which is to be determined by the Department of Health. It seems like there are a lot of people building the foundation for an amazing MMJ program in Washington, but this bill could end those efforts rapidly if we aren't careful of its implications.
I disagree with this 100% and to support your statement, can you please post what part of the bill you got this impression from? In surveying the bill that was passed I am finding that the same rules apply for future approvals of MMJ as they do now & did prior. I also find that it's clearly outlined in writing that doctors may not face legal or criminal penalties for consulting with patients on the benefits and (or) drawbacks of cannabis consumption. The bill is heavily steeped with legalities on dispensaries and co-ops which has been a top issue for a while now. They have even written in legalities for people from other states with MMJ cards (for example Oregon, California, Colorado, Montana etc) legally being able to poses cannabis in Washington so long as they comply with the 24 ounce and 15 plant limit. The official regulators on dispensaries will of course be The Department of Agriculture pending the bill is put into law & the will review applications & heavily regulate permits to be granted to open up a dispensary. It will be a lot of tape to get through. Another cool thing I see is that in regard to a co-op you can have 1 person posses the maximum amount of plants for up to 6 patients, that is 90 plants!!! This is only possible to do providing that all documentation is onsite to justify the possession of that amount of cannabis though. This is a very interesting bill & so far I'm not finding any drawbacks.

The bill: http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Senate Bills/5073.pdf
 

tokerjim

Member
This is a very interesting bill & so far I'm not finding any drawbacks.

The bill: http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Senate%20Bills/5073.pdf
(b) A health care professional shall not:

.....

(v) Have a business or practice which consists primarily of
examining patients for the purpose of authorizing the medical use of
cannabis;
(vi) Include any statement or reference, visual or otherwise, on
the medical use of cannabis in any advertisement for his or her
business or practice;
(2)(a) A health care professional may only provide a patient with
valid documentation authorizing the medical use of cannabis or register
the patient with the registry established in section 901 of this act if
he or she has a documented relationship with the patient relating to
the diagnosis and ongoing treatment or monitoring of the patient's
terminal or debilitating medical condition
For all info regarding 5073. http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5073

This is the most up to date version. http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Senate Bills/5073-S2.E.pdf
 

PeteSwitch

Well-Known Member
(b) A health care professional shall not:

.....

(v) Have a business or practice which consists primarily of
examining patients for the purpose of authorizing the medical use of
cannabis;
(vi) Include any statement or reference, visual or otherwise, on
the medical use of cannabis in any advertisement for his or her
business or practice;
So a physician is going to need to see patients outside of primarily prescribing Marijuana? The doctor is able to be a primary care provider providing assistance with pain management ie doctor gives recommendation for MMJ & sends a patient home with general recommendations for patient to treat illness.

(2)(a) A health care professional may only provide a patient with
valid documentation authorizing the medical use of cannabis or register
the patient with the registry established in section 901 of this act if
he or she has a documented relationship with the patient relating to
the diagnosis and ongoing treatment or monitoring of the patient's
terminal or debilitating medical condition
Basically there will be an enactment of a registry comparable to what Oregon is doing already? With this comes the ability for law enforcement to better track & access who has MMJ recommendations prior to carrying out drug busts & moving forward with search warrants because they don't currently have the ability to instantly access who is an MMJ patient & who isn't. Again, this is bad because why?
 

tokerjim

Member
(vi) Include any statement or reference, visual or otherwise, on
the medical use of cannabis in any advertisement for his or her
business or practice;
This is an offense to the first amendment of the US constitution. The state will be sued and the people will foot the bill.

he or she has a documented relationship with the patient relating to
the diagnosis and ongoing treatment or monitoring of the patient's
terminal or debilitating medical condition
My health care organization will not allow its doctors to recommend medical cannabis and I'm not capable of paying for out of pocket health care. I'd be very surprised if I'm the only one in this situation.
 

PeteSwitch

Well-Known Member
This is an offense to the first amendment of the US constitution. The state will be sued and the people will foot the bill.
No one is having their rights to a freedom of speech impeded upon. The state will be outlawing profiteering by businesses attempting to make financial gains by overly prescribing patients a federal schedule 1 drug. An offense to the 1st amendment would be to prohibit a doctor from speaking candidly to a patient about the benefits and non-benefits to cannabis consumption.

My health care organization will not allow its doctors to recommend medical cannabis and I'm not capable of paying for out of pocket health care. I'd be very surprised if I'm the only one in this situation.
Hey, my health care organization already does this to me for doctors that make recommendations for me to obtain insulin to treat my Type I diabetes. Either the doctor I see is "in network" or is "out of network" which is how most insurance companies are run all the way from HMO's to PPO's. You see all of the health care providers I have been with (diagnosed with Type I Diabetes Mellitus 1982) have had in-network providers and out of network providers. If I want to see an in-network provider (like you already have setup) then it will be covered & vice versa if I go out of network.

Now as far as I'm aware the only reason why a doctor may or may not be in network is because the doctor chooses to accept that health care network's compensation for the doctor's practice. The doctor making a recommendation for treatment or prescribing a specific drug isn't something the health care company is going to kick them out of network for just like health insurance companies are choosing not to reimburse patients for MMJ at a doctor's recommendation. But if you run in to fill a bottle of vicodin then they have no problem with accepting you covering the cost of the copay and it's out the door you go.

You know the beauty of a health care system is that if one doctor isn't in the covered network of providers it allows me the flexibility to choose another provider who is. If I don't happen to agree with the doctor I'm seeing that is in my network, I am fully able to go out of network & have my PPO cover it for more money out of my pocket or pay for the visit myself out of pocket. I am also able to choose another medical provider who is in network & will hear my case & plea for MMJ to treat my specific illness or ailments. If your health care organization doesn't allow it's doctors to recommend medical cannabis then you can't be getting the coverage at this time so how is this bill going to change anything that's already happening to you and an MMJ recommendation exactly?
 

MomaPug

Active Member
Thanks so much for the links to the updated draft...I couldn't find it. The rumors I have been hearing are not good...and I see from your post that they aren't all rumors.

I urge everyone to volunteer some time to Sensible Washington https://sensiblewashington.org/hq/ They are filing an initiative to legalize cannabis. There will be a petition circulating that needs to be signed by every registered voter we can get. The goal is to have it ready and start gathering signatures by March 11th.

If we can get enough signatures for the initiative, and get it to vote, Washington State could be the first state to legalize cannabis. Poles say 56% of us favor it.
 

tokerjim

Member
An offense to the 1st amendment would be to prohibit a doctor from speaking candidly to a patient about the benefits and non-benefits to cannabis consumption.

page 26 of 5073-s2.e
For the purposes of this subsection, displaying cannabis,
including artistic depictions of cannabis
, is considered to promote or
to tend to promote the use or abuse of cannabis.
-Stewart Jay, a UW professor of law
"If a court views medical marijuana as akin to tobacco or alcohol, this law is clearly an unconstitutional regulation of commercial speech under several Supreme Court decisions," he writes. "Or, more specifically, it would be unconstitutional as applied to many ads for medical marijuana. (The ban on "artistic depictions of cannabis" is especially suspect.) It is a lawful product, even if for a restricted group. The same is true for tobacco, alcohol, and prescription drugs. It would be possible to regulate ads for medical marijuana along the lines of those products, but to be constitutional the statute needs to be much more limited."
 

ympb

Member
I was just told by Rep. Joe Schmick's(R) assistant that HB 1100 is dead. It didn't make it past the Health and Wellness Committee. She said to start calling in a day or so to voice concerns over any state bills because they were very busy with wrapping up the house bills at the moment.
 

Slojo69

Well-Known Member
page 26 of 5073-s2.e
-Stewart Jay, a UW professor of law
Dude, they can't advertise for a specific thing to get people to come into their clinic. Thats a form of profiteering i believe, advertising something or other. Thats like saying, "Hey come to me and ill prescribe you some pain pills" of COURSE people re going to go to that doc then. I think having that in this bill will prevent alot of problems man. To advertise that they give out Rx's for marijuana would be a line out the door to china. Possibly even put the doctor at risk with going out to his car after work. It's just trying to keep order dude and i agree with that.

What i don't agree with is the collectives. Ya it sounds all awesome and shit, if you have 7 patients or more in the collective. The garden can hold up to 99 plants and the establishment that has said garden can also have as much as 96 ounces on hand. YES!!! That's awesome, however, (this is all in section 406 by the way) the section does talk about the collective as to having one garden, so do we have to keep the garden to that one establishment? and if you are in a collective does that mean you can't have yer own personal garden? Can that collective accept outside donations of medicine? I don't know if i like it. I may not be a part of a collective anymore if this bill passes, which sucks cuz i know i would help lots of people by giving excess medicine that i wouldn't ever use.
 

ympb

Member
Doing nothing is always a choice when it comes to your rights....it just means you get what they give you.:wall::confused::roll:

Atleast we'll still have the rights to bitch about it when it's all said and done and the majority of us can't find a doctor to write a recomendation for a legitimate qualification. I've read it, I would'nt touch it if I were a GP Dr.

I'm going to Olympia on Monday. Anyone else?


To clear the air. It's not the bill, it's the latest amendments that will gut the system.

Special interest slime and the agendas of elected individuals who have more power than is good for them.
 
is this the bill to put it in liquer stores? if so at least its a start.

This just goes to show how we need to have more education in the cannabis community. No this is not the bill for the liquor stores. This a much much worse bill this bill is a blatant violation the right of all the medical patients of Washington State. This bill if passed will basically be the end of medical marijuana in Washington State as we know it and no that is not a good start. The state legislature has put 3 different cannabis related bills before the house this time around and it has caused massive confusion. The original draft of HB 5073 looked ok but still it was full of smoke and mirrors. Now with the current amendments it will kill medical marijuana. It make marijuana look like it did in the old days of REFER MADNESS. We need to KILL this bill and next session put together a bill that is written by patients and Dr's a bill for the people by the people. When the people of Washington Sate originally approved medical marijuana for medical purposes they did so out of compassion so be compassionate and help kill it.

I believe if this bill passes then Washington State doesn't have a prayer for legalization it's not going to be decriminalized or sold in liquor store or readily available to medical patients in need
 

mountaingarden

Well-Known Member
Here's my situation. My primary care physician is a right wing Republican who voted for Sarah Palin. BUT>>> He's a pretty good doc, we're both 60, and if we don't talk politics, we're cool. I asked him about a MMJ recommendation and he said he didn't do them. Just wasn't familiar, and also acknowledged he had a patient currently up to 10 oxycontin/day and said he now had two diseases, one doctor created. Open to change. So, I went to a MMJ practitioner, extremely professional, and got my prescription. My intention is to educate my primary care doc in the benefits of MMJ and hope he decides to prescribe. Likely not covered by insurance, even then, but perhaps a start.

That said, the last 12 years have created a speciality in prescribing MMJ, not unlike orthopedics or gynecology. Seems suspect and discriminatory to be switching paths now.
 

dRoPpM

Member
Thanks Toughwork, for taking that picture so clearly that we could all read it. This is a good article. The voluntary registry reminds me of what Benjamin Franklin once said “Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one.”

Big Ups to Washington Growers and the Cannabis Community. Looking forward to the march. One!
 
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