Medical Marijuana Use in the State of Washington

2009.04.27

The laws regulating the use of medical marijuana in the State of Washington differ from those in Oregon and California. In Oregon, Medical Marijuana Patients are issued a card and in California, patients may enroll in a voluntary registry and be issued a ID card. In Washington, no card or registry exists, but the law provides that such patients cannot be found guilty of a crime under state law for the possession and limited use of marijuana.

In order to be prescribed medical marijuana by a physician, the patient must have one of the following conditions: Cancer, HIV, MS, epilepsy, seizure disorder, spastic disorder, pain that is not relieved by standard medication, Crohn’s disease, hepatitis C, a disease resulting in wasting or appetite loss or any other medical condition approved by one the state medical quality assurance commission. Your doctor must document his recommendation that you use medical marijuana in his charts.

State law also provides for a designated provider who must be at least 18 years old, designated in writing to serve as a provider, who may provide marijuana for only one person at a time and may not use the marijuana designated for the patient. Furthermore the law provides that a physician may not be sanctioned for discussing or prescribing medical marijuana for the use of the patient.

Even though the state says that they will the medical use of marijuana is a valid defense in state proceedings, the federal government still can prosecute a person for possession or use of marijuana in the State of Washington. Recently in the news, President Obama has seemed to have relaxed the enforcement of these federal laws. It should also be noted that in some child custody cases that medical marijuana use has been considered by judges in awarding custody of children. State law simply states that on may posses a sixty day supply of marijuana. It does not set an amount. In some cases, there have been arrests and attempts at prosecution of persons by accepting that they are medical marijuana patients but stating that the person has more than a sixty day supply.

How does a person decide if medical marijuana is the right choice for him? First, talk with your doctor. If you have a good relationship with the doctor, this should be a part of his prescribing any medication. Talk about possible side effects and dosing. Ask if this is what the doctor feels is the best course of action. Ask why. Do not forget that your doctor works for you. If he cannot or will not answer your questions, you should feel free to find a new physician. The choice of use of medical marijuana is for many a big choice and should not be made without all of the information.

In summary, state law in Washington does allow for use medical marijuana for a limited number of conditions. A person may still be prosecuted under federal law. There are some areas of the state law that are unclear. If approved by your physician for medical marijuana use, you may appoint in writing a provider for your marijuana. You physician cannot be sanctioned for discussing the use of medical marijuana with you. Talk to your doctor.