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washington state cannabis growing laws

Home Grow Regulatory Options

Sec. 24. (1) The state liquor and cannabis board must conduct a study of regulatory options for the legalization of marijuana plant possession and cultivation by recreational marijuana users. In conducting the study, the state liquor and cannabis board must consider the federal guidelines provided by the Cole memorandum, issued by the United States department of justice on August 29, 2013, which allows individual states to implement marijuana legalization policies, provided such states enact strong and effective regulatory and enforcement systems that address public safety, public health, and law enforcement concerns as outlined in the memorandum.

(2) Not later than December 1, 2017, the state liquor and cannabis board must provide the appropriate committees of the legislature written findings and recommendations regarding the adoption and implementation of a regulatory and enforcement system for the legalization of marijuana plant possession and cultivation by recreational marijuana users, in light of the guidelines set forth in the federal Cole memorandum.

(3) The study, findings, and recommendations required under this section must be done through the use of the existing resources of the state liquor and cannabis board.

Home Grow Regulatory Options

1. Strictly Regulated Recreational Home Grows

  • Allow recreational home grows under a strict state regulatory framework that requires a permit and tracking of plants throughout the state, with enforcement jurisdiction shared between the WSLCB and local authorities.
  • Absent a permit, growing marijuana for any purpose is illegal.
  • Require tracking of all plants in the traceability system to help prevent diversion.
  • Limit of no more than 4 plants per household.
  • Include a statutory provision that allows law enforcement to seize and destroy all plants possessed by a person if the person has more plants than the law allows.
  • Include a statutory provision to allow recreational growers to acquire plants from licensed producers so long as the person possesses a valid permit.
  • Include requirements for security, preventing youth access, preventing diversion, etc.
  • Include the same restrictions that apply to medical marijuana patients on processing marijuana in recreational home grows (no extraction with combustible materials. See WAC 314-55-430).

2. State Framework, Local Authority Recreational Home Grows

  • Allow recreational home grows under a regulatory framework based on statewide standards set in statute, but authorized, controlled, and enforced by local jurisdictions (counties, cities).
  • Include statutory requirements for security, preventing youth access, preventing diversion, etc. (Cole Memo).
  • Require a permit to possess plants. Absent a permit, growing marijuana for any purpose is illegal.
  • Limit of no more than 4 plants per household.
  • Include a statutory provision to allow recreational growers to acquire plants from licensed producers so long as the person possesses a valid permit.
  • Include a statutory provision that allows law enforcement to seize and destroy all plants possessed by a person if the person has more plants than the law allows.
  • Include the same restrictions that apply to medical marijuana patients on processing marijuana in recreational home grows (no extraction with combustible materials. See WAC 314-55-430).
  • The Legislature may choose to allow local jurisdictions to “opt-in” for or “opt-out” of allowing recreational home grows, similar to the approach the Legislature took with marijuana licenses and registered medical marijuana patient cooperative grows.

3. Prohibit Recreational Home Grows.

  • Do not allow recreational home grows. Maintain current status.
  • A regulated market is in place and widely available throughout the state.
  • Home grows for medical purposes, including cooperatives, are currently allowed under state law.
  • Allowing recreational home grows may provide a cover for the illicit market. This has been seen in other states that permit home grows for both medical and recreational purposes.
  • Recreational home grows may contribute to diversion, youth access, etc., primary considerations under the guidelines set in the Cole Memo.

Home Grow Regulatory Options Sec. 24. (1) The state liquor and cannabis board must conduct a study of regulatory options for the legalization of marijuana plant possession and cultivation by

Washington Medical Marijuana Law

Status

Law Signed:

QUALIFYING CONDITIONS

  • Cachexia
  • Cancer
  • Crohn’s disease
  • Glaucoma
  • Hepatitis C
  • HIV or AIDS
  • Intractable pain
  • Persistent muscle spasms, and/or spasticity
  • Nausea
  • Post Traumatic Stress Disorder
  • Seizures
  • Traumatic Brain Injury
  • Any “terminal or debilitating condition”

PATIENT POSSESSION LIMITS

Those entered in the state’s voluntary patient database may possess: 48 ounces of marijuana-infused product in solid form; 3 ounces of useable marijuana; 216 ounces of marijuana-infused product in liquid form; or 21 grams of marijuana concentrates.

HOME CULTIVATION

Those entered in the state’s voluntary patient database may cultivate, in his or her domicile, up to 6 plants for the personal medical use and possess up to 8 ounces of useable marijuana produced from his or her plants. If the health care professional determines that the medical needs of a qualifying patient exceed the amounts provided, the health care professional may specify on the authorization that it is recommended that the patient be allowed to grow, in his or her domicile, up to 15 plants, yielding up to 16 ounces, of usable marijuana for the personal medical use of the patient. Qualified medical marijuana patients and designated providers may purchase immature plants, clones, or seeds from a licensed producer. In order to purchase plants or clones the patients and providers must hold a recognition card and be entered in the medical marijuana authorization database.

If a qualifying patient has not been entered into the medical marijuana authorization database, he/she may grow, in his or her domicile, up to 4 plants for the personal medical use of the qualifying patient and 6 possess up to six ounces of useable marijuana in his or her domicile.

STATE-LICENSED DISPENSARIES ALLOWED

No, but retail providers may also engage in the sale of medial cannabis.

MEDICAL MARIJUANA STATUTES

  • Wash. Rev. Code §§ 69.51A – 69.51A.901 (2007)
  • Wash. Rev. Code §§69.51A.010, 69.51A.040 (2007)

CAREGIVERS

Yes, designated provider is a person who has been designated in writing by a patient to serve as a designated provider. The caregiver must be 21 years of age or older. The provider must also possess either authorization from the qualifying patient’s health care professional or has been entered into an authorized database. The provider must only provide cannabis to the expressed patient.

Washington Medical Marijuana Law Status Law Signed: QUALIFYING CONDITIONS Cachexia Cancer Crohn’s disease Glaucoma Hepatitis C HIV or AIDS Intractable