WSR 12-05-076

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed February 16, 2012, 2:45 p.m. , effective February 16, 2012 ]


Effective Date of Rule: February 16, 2012.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Effective July 22, 2011, ESSB 5073 removed the department's authority to establish rules. RCW 34.05.380 (3)(a) allows for an earlier adoption date for rules required by state law.

Purpose: Chapter 246-75 WAC is being repealed because ESSB 5073 (chapter 181, Laws of 2011) added the department's definition of a sixty-day supply of medical marijuana (cannabis) for qualifying patients to the law and removed the department's authority to establish rules.

Citation of Existing Rules Affected by this Order: Repealing chapter 246-75 WAC.

Statutory Authority for Adoption: Chapter 43.70 RCW and ESSB 5073 (chapter 181, Laws of 2011).

Adopted under notice filed as WSR 11-22-088 on November 1, 2011.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 1.

Date Adopted: February 1, 2012.

Mary C. Selecky

Secretary

OTS-4365.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 246-75-010 Medical marijuana.

Washington State Code Reviser's Office