Medical Marijuana

What does Initiative 692 do?

The initiative amends state law to allow some patients and their primary care givers who have certain qualifying conditions to possess and use a limited amount of marijuana for medical use. Itis still against federal law to obtain, possess, or cultivate marijuana for any purpose. Marijuana is currently classified as a Schedule I drug, which means that it has no generally recognized medical use.

Who is a qualifying patient?

A patient must be under the care of a physician (MD or DO) licensed in Washington state, must be diagnosed by that physician as having a terminal or debilitating condition, must have been a resident of Washington state at the time of diagnosis, must have been advised by that physician of the risks and benefits of the medical use of marijuana, and was advised by that physician that he/she might benefit from the medical use of marijuana

What terminal or debilitating conditions qualify?

The law is very specific about the conditions for which the medical use of marijuana might be appropriate. They are:

cancer,
human immunodeficiency virus (HIV),
multiple sclerosis,
epilepsy or other seizure disorder,
spasticity disorders,
intractable pain which is unrelieved by standard medical treatments and medications,
glaucoma, either acute or chronic, limited for the purposes of this law to mean increase intraocular pressure unrelieved by standard treatments or medications,
Crohn's disease,
hepatitis C, or
any disease, including anorexia, which results in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, and/or spasticity, when these symptoms are unrelieved by standard treatments.

The Washington State Medical Quality Assurance Commission (MQAC) may approve other conditions. Check their site for more information.

What is a limited amount?

The law is not very specific, it only states that a qualifying patient may possess no more marijuana than what is necessary for the patient's personal medical use for 60 days.

What does the law allow physicians to do?

The initiative protects physicians from being penalized under state law for advising a qualifying patient about the risks and benefits of the medical use of marijuana and providing a qualifying patient with documentation that the medical use of marijuana might be beneficial.

Does this mean physicians may prescribe marijuana?

No, physicians must not prescribe marijuana. It is prohibited under federal law to knowingly or intentionally distribute, dispense or possess marijuana. The terms "distribute" and "dispense" have been broadly interpreted, and physicians may be found in violation of federal law for writing a prescription for a substance, such as marijuana, for which federal law has no recognized medical use. Violation of federal laws can bring significant penalties, including imprisonment and fines. In addition, violating federal law (or aid and abet in its violation) may result in other federal sanctions, such as a revocation of a physician's DEA registration.

What documentation should physicians give to qualifying patients?

The law defines valid documentation as a statement signed by the qualifying patient's physician, or a copy of the 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 qualifying patient.

Must a physician authorize the use of medical marijuana?

No, there is nothing in the law that requires any physician to authorize the use of medical marijuana for a patient.

Download a Documentation of Medical Authorization to Possess Marijuana for Medical Purposes form in pdf format.