[h=5]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?
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