SB 5887 is moving forward to the Rules commitee.
Please contact the Senate Rules Committee and tell them to OPPOSE 5887!
http://www.leg.wa.gov/Senate/Committees/RULE/Pages/MembersStaff.aspx
On monday Senator Ann Rivers rejected all reasonable ammendants put forth to reign in the worst parts of 5887, 90% of them were rejected and Senator Kohl-Welles vowed to fight 5887 for her amendments. Stay tuned for a catfight on the lesgislative floor.
Most of the discussion about 5887 and the amendments is in the Executive session where the public is not represented.
http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2014030048
" Summary by John Novak
Here's what I have so far on the latest version of 5887 with all the new
amendments...
Sec. 1 changes the name of the LCB
Sec. 2 amends the controlled substances act, forcing a 2/3rds majority floor
vote in both houses. Limits marijuana infused products to a limit of 20%
marijuana. Adds retail sales of concentrates. Ties the Medical Cannabis Act
directly into the Controlled Substances Act, so if I502 fails court challenges,
the medical act fails as well. Also sets up a dangerous precedent in adding a
definition for "CBD Content" to the Controlled Substances Act when
there is no reason for it to be in there and no corresponding definition for
what CBD. This substance does not belong in the Controlled Substances Act.
Sec. 4 removes the protection in I502 of medical patients having their
cannabis seized, confiscated, destroyed or donated to law enforcement.
Sec. 5 puts the LCB in charge of determining how many LCB licensed stores
with medical endorsements will be allowed. This number will only be reflected
by how many patients are in the registry, not the actual of patients who use
cannabis. It also put the LCB and Dept of Agriculture in charge of determining
which "grade, condition, cannabinoid profile, THC concentration, or other
qualitative measurements" are deemed appropriate for medical use (9).
Paragraph 10 and 10(a) conflicts with itself since cannabis is illegal
federally. Subparagraph (c) puts the LCB in charge of making "medically
and scientifically accurate information" with no qualifications to do so.
Also, (13) sets up the LCB to determine methods of identifying black market
cannabis and giving the ability to seize, confiscate, destroy and donate for
law enforcement training.
Sec. 7 Only patients in the registry can buy the low THC content products.
This makes hemp products a controlled substance without being scheduled for LCB
stores. It also gives them authority to determine what cannabinoid levels and
which products will be determined "medical" with no medical
qualifications to make these determinations.
Sec. 9 sets limitations of 3 ounces for retail purchase by patients
Sec. 11 gives a 25% tax exemption on retail sales end only if the patient is
in the registry.
Sec. 12 appears to turn over patient records to the Dept. of Revenue in
subsection (2)
Sec. 14 Gives tax money to local jurisdictions while moratoriums are in
effect, giving no incentive for local jurisdictions to actually allow a medical
or recreational store. Also provides funding for low income and mental health
services, not proper research into the beneficial medical uses of cannabis.
Stupid question: Doesn't Obamacare cover low income and mental health?
Sec. 15 changes or creates the "Basic Health Plan Trust Account"
to the "Basic Health Services Account". Not sure if that changes the
name or creates a new one. Another stupid question: Where does the old one go
if this is a new one and what does this have to do with cannabis specifically?
Probably a name change.
Sec. 16 Sets up the state cartel distribution of funds for local
jurisdictions to buy in to the I502 system. This also basically allows
jurisdictions to "just say no" and continue their bans on patients
and other cannabis users.
Sec. 17 sets is funding for the UW and WSU to conduct scientific research
and create guidelines for on the efficacy and safety and the appropriateness of
administering cannabis for medical treatment. This does not take federal
scheduling issues into consideration since these schools rely on federal
funding. And under the law, schedule one drugs are not allowed to be studied
for any use that is for legalization or in finding the beneficial medical
benefits. See
Title VII Office of National Drug Control Policy Reauthorization Act of 1998:
H11225. The current law is in place to protect the personal, individual
decision, based upon their health care professional's professional medical
judgment and discretion.
Sec. 19 raises the age of designated providers from 18 to 21.
Designated providers and qualifying patients must be part of the registry.
Automatically makes parents designated providers, so must be in the registry
(easy target for CPS). Forced cancelation of all current authorizations by
September 1, 2015. Ties the medical Act directly to the Controlled Substances
act definitions for registry cards, marijuana and infused products, producers,
processors and retailers, so again, if this thing crashes from federal
challenges, all access is lost under the current system. Defines public places
where medical cannabis can be excluded.
Sec. 20 gives the Department of health full control of defining how medical
cannabi scan be used, whaty defines "terminal or debilitating conditions
AND intractible pain without any medical or scientific guidelines to use in
making these desicions! Again, the current law is in place to protect the
personal, individual decision, based upon their health care professional's
professional medical judgment and discretion.
Sec. 21 forces health care professional to register their patients and get
zero protections if they don't. Only "principle provider or specalist
directly referred by the principle provider" may authorize patients. What
the term "principle provider" means is not known as it is not
defined. Veterans and others on Social Security who rely on federally funded
health care proffesionals are out of luck as they will not risk losing their
medical license or their clinic/hosptial federal grants. It's still a schedule
one substance and now we are declaring both over the counter and with medical
value, obviously completely at odds with the state and federal schedules. This
section looks like even talking about marijuana needs to be documented in the
patient medical record. the doctor must also document that they tell the
patient about other medical options It also forces people with life long
conditions to retrace their life history and come up with documentation of
everything that has been tried before using cannabis to treat the condition.
This is impossible for most people who are older than today's easy access
electronic record keeping. Prevents a doctor authorizing cannabis from making
house calls. Allows doctors to be in the business of selling cannabis if they
are not authorizing it.
Sec. 22 makes it so a registered patient can have 3 flowering plants, but
can only have up to 15, but it is not clear if that still only means 3 in
flowering. No matter how many plants you get authorized for, you can still only
have 8 ounces. And it all has to be entered into the registry.
Sec. 23 sets up a work group to determine authorization guidelines. I don't
get it. Didn't they set up the UW and WSU to do this in section 17? Plus it is
another Work Group hand picked by the governor's office. Another work group
leads to secret, behind closed door policy making just like what put us in the
position we are in right now. Again, the current law is in place to protect the
personal, individual decision, based upon their health care professional's
professional medical judgment and discretion.
Sec. 24 is a dream come true for Child Protective Services (CPS). Not only
are the medical records in the registry, but they are a mandatory part of the
child's medical records. Also, health care physicians are forced to consult
with other health care providers involved in the child's treatment, as
medically indicated, before authorization or reauthorization of the medical use
of marijuana. This section is guaranteed to be abused by non cannabis friendly
health care workers and everyone with access to the medical records in the
clinics and hospitals and will prevent pretty much any child from getting the
ability to use cannabis. This will force parents into the black market and
leave them stained in the child's record for even attempting to speak about it
since all conversations are required to be made part of a patient's record.
Sec. 25 gives law enforcement access to the registry without having to get a
warrant. It also gives it to other "persons authorized to prescribe or
dispense controlled substsances" access. It also gives it the retailer,
the LCB, Dept of Revenue, Dept of Health and your health care professional's
disciplining authorities. Also, patient must go through the entire examination
period every single year or they lose their status and arrest protection, even
if it is a lifelong illness.
Ssec. 27 removes marijuana licensee applicants from public disclosure.
Sec. 28 changes enforcement authority from peace officers to law
enforcement, meaning LCB has police powers over cannabis and can decide to
seize, confiscate, arrest or not to. Arrest protection only for registered
patients. Sharing a joint is grounds to seize, confiscate, arrest, prosecute
and eliminate your qualifying patient status.
Sec. 29 sets up a 4 person cooperative that must be registered with the LCB
and must be located in one of the 4 patient's homes. All participants must
provide labor. Security measures may be adopted and enforced by the LCB. Home
inspections by the LCB.
Sec. 30 only allows an affirmative defense for people in the registry who
exceed possession limits. No affirmative defense if you are not in the
registry.
Sec 32 prevents medical use of cannabis in public, however makes the false hope
that kids may be allowed to use it in schools if their policy allows it. (AS
IF!!!) No criminal supervision, employment protections.
Sec. 34 allows the Dept of Health to never remove a designated provider's
name from the registry, even if they stop growing completely if they decide
never to pass a rule to do so.
Sec. 38 removes current arrest protection for EVERY patient in the state of
Washington as decided in the State vs Kurtz ruling back in Sept. of 2013. Valid
documentation may not be issued by a health care professional after July 1,
2015. There will be forced expiration of all current authorizations on
September 1, 2015. You will also be limited to an affirmative defense for being
a patient and for exceeding the 3 flowering plant and 3 ounce limit.
Sec. 39 sets up a task force hand picked by the governor to review the laws
and practices, with no implementation plan for any conclusions.
Sec 42 repeals collective gardens and the affirmative defense for those not
on the registry.
Are you ready to kill this thing yet?
http://apps.leg.wa.gov/documents/billdocs/2013-14/Pdf/Bills/Senate%20Bills/5887-S3.pdf
"
Please contact the Senate Rules Committee and tell them to OPPOSE 5887!
http://www.leg.wa.gov/Senate/Committees/RULE/Pages/MembersStaff.aspx
On monday Senator Ann Rivers rejected all reasonable ammendants put forth to reign in the worst parts of 5887, 90% of them were rejected and Senator Kohl-Welles vowed to fight 5887 for her amendments. Stay tuned for a catfight on the lesgislative floor.
Most of the discussion about 5887 and the amendments is in the Executive session where the public is not represented.
http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2014030048
" Summary by John Novak
Here's what I have so far on the latest version of 5887 with all the new
amendments...
Sec. 1 changes the name of the LCB
Sec. 2 amends the controlled substances act, forcing a 2/3rds majority floor
vote in both houses. Limits marijuana infused products to a limit of 20%
marijuana. Adds retail sales of concentrates. Ties the Medical Cannabis Act
directly into the Controlled Substances Act, so if I502 fails court challenges,
the medical act fails as well. Also sets up a dangerous precedent in adding a
definition for "CBD Content" to the Controlled Substances Act when
there is no reason for it to be in there and no corresponding definition for
what CBD. This substance does not belong in the Controlled Substances Act.
Sec. 4 removes the protection in I502 of medical patients having their
cannabis seized, confiscated, destroyed or donated to law enforcement.
Sec. 5 puts the LCB in charge of determining how many LCB licensed stores
with medical endorsements will be allowed. This number will only be reflected
by how many patients are in the registry, not the actual of patients who use
cannabis. It also put the LCB and Dept of Agriculture in charge of determining
which "grade, condition, cannabinoid profile, THC concentration, or other
qualitative measurements" are deemed appropriate for medical use (9).
Paragraph 10 and 10(a) conflicts with itself since cannabis is illegal
federally. Subparagraph (c) puts the LCB in charge of making "medically
and scientifically accurate information" with no qualifications to do so.
Also, (13) sets up the LCB to determine methods of identifying black market
cannabis and giving the ability to seize, confiscate, destroy and donate for
law enforcement training.
Sec. 7 Only patients in the registry can buy the low THC content products.
This makes hemp products a controlled substance without being scheduled for LCB
stores. It also gives them authority to determine what cannabinoid levels and
which products will be determined "medical" with no medical
qualifications to make these determinations.
Sec. 9 sets limitations of 3 ounces for retail purchase by patients
Sec. 11 gives a 25% tax exemption on retail sales end only if the patient is
in the registry.
Sec. 12 appears to turn over patient records to the Dept. of Revenue in
subsection (2)
Sec. 14 Gives tax money to local jurisdictions while moratoriums are in
effect, giving no incentive for local jurisdictions to actually allow a medical
or recreational store. Also provides funding for low income and mental health
services, not proper research into the beneficial medical uses of cannabis.
Stupid question: Doesn't Obamacare cover low income and mental health?
Sec. 15 changes or creates the "Basic Health Plan Trust Account"
to the "Basic Health Services Account". Not sure if that changes the
name or creates a new one. Another stupid question: Where does the old one go
if this is a new one and what does this have to do with cannabis specifically?
Probably a name change.
Sec. 16 Sets up the state cartel distribution of funds for local
jurisdictions to buy in to the I502 system. This also basically allows
jurisdictions to "just say no" and continue their bans on patients
and other cannabis users.
Sec. 17 sets is funding for the UW and WSU to conduct scientific research
and create guidelines for on the efficacy and safety and the appropriateness of
administering cannabis for medical treatment. This does not take federal
scheduling issues into consideration since these schools rely on federal
funding. And under the law, schedule one drugs are not allowed to be studied
for any use that is for legalization or in finding the beneficial medical
benefits. See
Title VII Office of National Drug Control Policy Reauthorization Act of 1998:
H11225. The current law is in place to protect the personal, individual
decision, based upon their health care professional's professional medical
judgment and discretion.
Sec. 19 raises the age of designated providers from 18 to 21.
Designated providers and qualifying patients must be part of the registry.
Automatically makes parents designated providers, so must be in the registry
(easy target for CPS). Forced cancelation of all current authorizations by
September 1, 2015. Ties the medical Act directly to the Controlled Substances
act definitions for registry cards, marijuana and infused products, producers,
processors and retailers, so again, if this thing crashes from federal
challenges, all access is lost under the current system. Defines public places
where medical cannabis can be excluded.
Sec. 20 gives the Department of health full control of defining how medical
cannabi scan be used, whaty defines "terminal or debilitating conditions
AND intractible pain without any medical or scientific guidelines to use in
making these desicions! Again, the current law is in place to protect the
personal, individual decision, based upon their health care professional's
professional medical judgment and discretion.
Sec. 21 forces health care professional to register their patients and get
zero protections if they don't. Only "principle provider or specalist
directly referred by the principle provider" may authorize patients. What
the term "principle provider" means is not known as it is not
defined. Veterans and others on Social Security who rely on federally funded
health care proffesionals are out of luck as they will not risk losing their
medical license or their clinic/hosptial federal grants. It's still a schedule
one substance and now we are declaring both over the counter and with medical
value, obviously completely at odds with the state and federal schedules. This
section looks like even talking about marijuana needs to be documented in the
patient medical record. the doctor must also document that they tell the
patient about other medical options It also forces people with life long
conditions to retrace their life history and come up with documentation of
everything that has been tried before using cannabis to treat the condition.
This is impossible for most people who are older than today's easy access
electronic record keeping. Prevents a doctor authorizing cannabis from making
house calls. Allows doctors to be in the business of selling cannabis if they
are not authorizing it.
Sec. 22 makes it so a registered patient can have 3 flowering plants, but
can only have up to 15, but it is not clear if that still only means 3 in
flowering. No matter how many plants you get authorized for, you can still only
have 8 ounces. And it all has to be entered into the registry.
Sec. 23 sets up a work group to determine authorization guidelines. I don't
get it. Didn't they set up the UW and WSU to do this in section 17? Plus it is
another Work Group hand picked by the governor's office. Another work group
leads to secret, behind closed door policy making just like what put us in the
position we are in right now. Again, the current law is in place to protect the
personal, individual decision, based upon their health care professional's
professional medical judgment and discretion.
Sec. 24 is a dream come true for Child Protective Services (CPS). Not only
are the medical records in the registry, but they are a mandatory part of the
child's medical records. Also, health care physicians are forced to consult
with other health care providers involved in the child's treatment, as
medically indicated, before authorization or reauthorization of the medical use
of marijuana. This section is guaranteed to be abused by non cannabis friendly
health care workers and everyone with access to the medical records in the
clinics and hospitals and will prevent pretty much any child from getting the
ability to use cannabis. This will force parents into the black market and
leave them stained in the child's record for even attempting to speak about it
since all conversations are required to be made part of a patient's record.
Sec. 25 gives law enforcement access to the registry without having to get a
warrant. It also gives it to other "persons authorized to prescribe or
dispense controlled substsances" access. It also gives it the retailer,
the LCB, Dept of Revenue, Dept of Health and your health care professional's
disciplining authorities. Also, patient must go through the entire examination
period every single year or they lose their status and arrest protection, even
if it is a lifelong illness.
Ssec. 27 removes marijuana licensee applicants from public disclosure.
Sec. 28 changes enforcement authority from peace officers to law
enforcement, meaning LCB has police powers over cannabis and can decide to
seize, confiscate, arrest or not to. Arrest protection only for registered
patients. Sharing a joint is grounds to seize, confiscate, arrest, prosecute
and eliminate your qualifying patient status.
Sec. 29 sets up a 4 person cooperative that must be registered with the LCB
and must be located in one of the 4 patient's homes. All participants must
provide labor. Security measures may be adopted and enforced by the LCB. Home
inspections by the LCB.
Sec. 30 only allows an affirmative defense for people in the registry who
exceed possession limits. No affirmative defense if you are not in the
registry.
Sec 32 prevents medical use of cannabis in public, however makes the false hope
that kids may be allowed to use it in schools if their policy allows it. (AS
IF!!!) No criminal supervision, employment protections.
Sec. 34 allows the Dept of Health to never remove a designated provider's
name from the registry, even if they stop growing completely if they decide
never to pass a rule to do so.
Sec. 38 removes current arrest protection for EVERY patient in the state of
Washington as decided in the State vs Kurtz ruling back in Sept. of 2013. Valid
documentation may not be issued by a health care professional after July 1,
2015. There will be forced expiration of all current authorizations on
September 1, 2015. You will also be limited to an affirmative defense for being
a patient and for exceeding the 3 flowering plant and 3 ounce limit.
Sec. 39 sets up a task force hand picked by the governor to review the laws
and practices, with no implementation plan for any conclusions.
Sec 42 repeals collective gardens and the affirmative defense for those not
on the registry.
Are you ready to kill this thing yet?
http://apps.leg.wa.gov/documents/billdocs/2013-14/Pdf/Bills/Senate%20Bills/5887-S3.pdf
"