Peninsula Daily News news sources
OLYMPIA — Medical marijuana dispensaries such as the three which operate on the North Olympic Peninsula would face greater state regulation under a bill approved a bill passed Monday by the state House of Representatives.
The measure now returns to the state Senate for a concurrence vote on the House’s amendments.
The bill, which in its current form also gives greater legal protection to patients who have a cannabis prescription, must pass both houses before it can go to the governor.
The bill, originally sponsored by Sen. Jeanne Kohl-Welles, D-Seattle, passed 54-43 with both North Olympic Peninsula representatives, Kevin Van De Wege and Steve Tharinger, voting yes.
The bill aims to bring medical marijuana dispensaries out of the legal gray area in which they operate under current law.
It establishes a licensing process for cannabis producers and sets up regulations for dispensaries, including a provision that they must be located at least 500 feet away from a school.
Supporters say the measure will help patients who suffer from chronic pain and other conditions by allowing them easier access to the drug and giving them more security in their legal status.
The bill creates arrest protection for physicians who prescribe medical marijuana and for the patients who use it in compliance with possession limitations:
Patients may own no more than 15 plants and 24 ounces of medical cannabis and must have proof of their registration as a legal medical user.
Under the bill, groups of patients would also be allowed to collaborate on community gardens, which could have up to 99 plants.
Only qualified patients would be allowed to use the marijuana grown in these gardens.
Opponents argue that this moves the state one step closer to full-blown legalization and doesn’t set up enough safeguards to keep marijuana out of the hands of children.
“It fosters ambiguity,” said Rep. Kevin Parker, R-Spokane.
“We are confusing kids, we are confusing the law, and we are making it harder on law enforcement when the budgets we’re writing are reducing law enforcement in this state.”
In 1998, Washington voters passed an initiative to allow people with debilitating medical conditions access to medical marijuana.
But the initiative did not set up a clear legal way for patients to access cannabis.
Federal law classifies marijuana as a Schedule 1 controlled substance, which means that though state law permits medical marijuana, all users are still violating federal law.
Last week, U.S. Attorney for Eastern Washington Michael Ormsby issued a statement saying that landlords could face foreclosure of their properties if they rented out to medical marijuana dispensaries.
He said this is to encourage Washington to follow federal law. Some shops in Spokane County have already been shut down by the police.
Earlier on Monday, Gov. Chris Gregoire expressed concern over the conflict between state and federal law, especially given what Ormsby and other U.S. attorneys around the country have done to crack down on dispensaries.
But for the past two years, the Obama administration has followed a policy of not interfering with medical marijuana dispensaries as long as they comply with state law.
This bill aims to bring Washington dispensaries legal protection from both state and federal law enforcement agents.
“We owe it to the people of this state to be compassionate,” said Rep. Mary Lou Dickerson, D-Seattle, in support of a bill she says provides much-needed relief for people with chronic pain.