SB 5073 Passes Senate 29-20. What Now?

MomaPug

MomaPug

Active Member
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DwayneMendoza

Member
I just won't I'd rather just deal with it the way it is now than be on a registry that may be ok but the law the rules the regulations may change and my name is still on that list.
I would like to see a patient and physician written bill. Not politician and law enforcement written.
 
UltramegaMJ

UltramegaMJ

Member
In another way of looking at it, the state is considering putting its balls on the line with the federal government. At some point we are going to have to as well, unless you don't want to see legalization in your lifetime. Obviously that decision has different consequences for different people...
 
Timmahh

Timmahh

Well-Known Member
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.
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this is very similar to how it is in Mi, as a CG, you can have up to 5 Authorized Pts. and if you yourself are a Pt as well, then you have 6 Pts. Each Pt is allowed up to 12 total plants thru the entire grow to useable phase (a bit limited i think. IMO, i would like to see our limit raised to a minimum of 24 plants per pt, 2 per month/per pt. We are also allowed to hold 2.5 oz for each pt. so if you have 5 plus yourself, you can hold up to 14.5 oz on hand, 2.5 oz for each of the 6 pts.

i would also like to see this limit raised to 4 oz per pt.
 
Timmahh

Timmahh

Well-Known Member
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?
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this would be a violation of Federal HIPPA laws regarding Pt Privacy, just like a lawyer has client privledge, a Patient has privacy privledge with their Drs.

HIPPA laws protect a Pts medical records, which are private. Drs, recommendations or prescriptions of any medications for treatment of an ongoing infliction/illness/disability, are private matters for only the Pt and their Physician. While if the SOLE INTENT of LEO haveing access to this information, to soley act upon anyone NOT in the registry, just seeing WHO is on any Registry List is an invasion of the HIPPA law. thus not a legal source of information of who is legally on the registry, and who is just operating illegally.

We here in Mi also have a CG/PT register list. LEO including the Feds have already tried to get info on 2 "SUSPECTS" they were investigating, as being NON Complient with the Registry, Thus breaking the law, on a 144 plant co op grow. each of them was a CT/PT and had 5 assinged pt each, so 12 pts total, by 12 plants per PT, equals 144 plants, so they were in complaince, but everyone knows 100 plants and up, and the Feds open the eye. But to date, the HIPPA law has protected the registry so far.

i have read where their was a dispensory busted that was opperationg out side the scope of our MMMP law, by selling other non marijuana drugs. These guys though, had all the Pts info (a CG must keep documented Pt info on any Authorized PT, and many also get and keep info on any Pt to PT or CG/CG transfers they to to NON authorized (assigned to the CG thru the registry). this is how many are documenting their Donated meds, and the donations they accpeted for them. well these bozos kept all that PT info on a laptop, un encripted, in a simple file directory, which was confiscated.
now i hope those folks that utiilized that busted dispensory also get that same HIPPA protection, but here in Michigan, LEO for the most part, have put targets on PTs/CGs backs, even moreso than the fucking black market dealers still. or any of the pedifiles, murderers or theifs here.

so far, Federal HIPPA laws are prevailing where LEO and the Registry here in Michigan are concerned.
 
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xaraph

Member
Passed the House yesterday 54-43. I believe it's going back to the Senate now with the House amendments. I haven't looked through all the amendments, but from the way things are smelling, this is going to go through. The state doesn't want any loopholes, especially when they're losing money.
 
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GreenThumbBill

New Member
I don't see how any pro MMJ folks can complain about this bill. I just read the entire thing and if this passes, WA patients/caregivers/doctors will have the most protection of any MMJ state! It appears to me that whoever wrote this incorporated the help of people who understand the growing process and the problem patients are having in other states like CA/MT/CO where rogue cops in rural/conservative areas are harassing legal patients/caregivers. It's great that it clearly states, "Shall not be subject to ARREST OR PROSECUTION!" That is way better than "may raise an affirmative defense!" Bankruptcy by trial is a reality, not fiction and it's happened to more than a few people here in CO. I also love how it clearly defines plants and usable medicine! I personally know somebody who had to spend 5k getting a case dismissed in CO b/c the thug cops tried saying his 20 fresh cuttings patiently waiting in cups of water to go into the cloner after his harvest was finished, were plants! Also, that his 18 chopped root masses in 3g buckets with 6" of stalk were plants! So according to them he had twice as many plants as he was allowed. Also, they through all his garbage containing stalks and leaves into the center of the room, bagged them and said it was usable medicine!

Trust me, you guys are LUCKY to have this bill going in front of your Guber! It is WAY better than the equivalent MMJ regulatory SB that passed here in CO last year (SB 1284). That's for damn sure!
 
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xaraph

Member
I think the article is a little misleading. Governor Gregoire asked what the legal implications could be, and the fed prosecutors outlined how the laws would lay out if they wanted to prosecute. They didn't come out and say "We will shut down dispensaries if you pass these MMJ amendments." They gave her exactly what she asked for--the precise legal repercussions. The letters ignore the fact that the current federal admistration policy has stated it will abide by state MMJ laws. But our dear gov didn't ask about policy, she wanted to know what the law was. My thoughts on this are two-fold--it's going to suck if a new administration comes in and decides to start enforcing again, and Gov Gregoire is being a fucking pussy by not standing up for her state (and constituents). The leadership in this needs to come from her. She's our state governor, not a federal lapdog. She has the power to influence federal-state relationships, but her repeated unwillingness to cross the fed is disappointing.
 
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GreenThumbBill

New Member
Hey I just remembered something from US government class. If the legislature passes the bill, and the Governor doesn't sign it, it automatically becomes a law after a certain period of time (I think 30 days). She has to actively veto it at this point for it not to become a law. She has publicly stated that she would not sign it. She has never said she would veto it. So there is still hope that it will pass as written.
 
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GreenThumbBill

New Member
ympb said:
The last thing I'm doing is hoping this passes as written. Way to much government involvement...
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Can you please elaborate with specifics from the bill? I read it and couldn't disagree with you more. I think the version of 5073 that passed the house on 4/11 is the best and most patient/grower friendly MMJ regulation bill to be passed in any state to date.
 
MomaPug

MomaPug

Active Member
Cannabis Defense Coalition says: April 16, 2011 at 10:09 am
The medical cannabis bill that passed the Washington State House of Representatives Monday, April 11, is now a ghost of its former self, and is set to dramatically weaken our state’s voter-approved medical cannabis law. For some folks, anything one can paint as a victory to donors helps their bottom line, and for some, adding myriad restrictions to our law is a necessary evil in a long-term political and public opinion strategy. But please be informed that the bill as amended in the state house is, on balance, shockingly horrible for medical cannabis patients in our state.
On the arguably positive side, SB 5073 implements a very limited and licensed dispensary and grower network in Washington State. It promises to provide limited protections to patients who register with the government in a future state-run database run by our Department of Health, whose current director has a history of refusing to implement medical cannabis legislation and of surreptitiously supplanting rules created in the public rule-making process with the will of our governor. It provides an affirmative defense to patients visiting from out of state. It also defines “useable cannabis” and “plant” much more favorably.
THE CURRENT BILL IS BAD FOR DOCTORS:
* Requires an authorizing health care professional to be the primary care provider or a “specialist” — which likely requires specialty certification, which does not exist currently for medical cannabis — in order to authorize the medical use of cannabis. Section 301.
* Places ten new requirements on health care professionals who recommend medical cannabis. Disallows health care professionals from running “medical cannabis only” clinics, or from making any statement on the medical use of cannabis in any advertisement for their practice. Violations would be findings of unprofessional conduct, and the punishments may include per-violation fines of up to $5,000 and license revocation under RCW 18.130.160. Most doctors in our state that currently authorize medical cannabis risk having their livelihood destroyed in doing so. Section 301.
THE CURRENT BILL IS BAD FOR PATIENTS:
* Protections from search and arrest were gutted on the house floor Monday. Patients will not be safe from police terror unless they register in a future government database, which we believe may never be implemented by our Department of Health. Section 402.
* Invalidates all current “lifetime” authorizations. Section 201(32)(b)(i).
* Places additional requirements and limits on “designated provider” documentation. Section 201(32)(b)(iii).
* Codifies in law that state-funded housing programs may disallow the medical use of cannabis. Section 410.
* Disavows the medical necessity common law defense. Washington appellate courts have a “division split” on the medical necessity common law defense, and the bill specifically removes its underlying support for the defense as we wait to see if our supreme court will take up the appeal. Section 102(3).
* Denies the medical cannabis affirmative defense to members of our military. Section 501(5).
* Expressly allows DOC or any other correctional authority to disallow the medical use of cannabis. Sections 102(4), 201(26)(b), 803(3), 1105.
* Expressly allows Washington State hotels and motels to refuse to accommodate medical cannabis patients. Section 501(4).
* Makes “tougher” the existing restrictions against driving “under the influence” of medical cannabis. Section 501(8).
* Provides immunity to law enforcement and all other state actors who violate the privacy of the future state-run registry. Section 1101.
THE CURRENT BILL IS BAD FOR DISPENSARIES:
* Removes the affirmative defense and legal underpinning for all currently operating dispensaries. Section 201(6)(d).
* Requires currently operating dispensaries to notify local authorities of their intent to apply for a future license if they are to be afforded an affirmative defense in court. This notification — or admission of criminal behavior — will likely lead to threats of closure and raids from local authorities. Section 1201.
* Places an “advertising ban” on dispensaries that forbids speech which “promotes or tends to promote the use or abuse of cannabis.” Specifically states that any visual or artistic representation of cannabis is illegal. Each violation is punishable by fines of up to $1,000. Section 802.
* Allows local jurisdictions to adopt zoning, “health and safety,” licensing, and tax requirements on dispensaries. Section 1102.
READ THE BILL:
http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Amendments/House/5073-S2.E%20AMH%20ENGR%20H2509.E.pdf
 
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