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69.51A.030  <<  69.51A.040 >>   69.51A.043

RCW 69.51A.040

Compliance with chapter — Qualifying patients and designated providers not subject to penalties — Law enforcement not subject to liability.

The medical use of cannabis in accordance with the terms and conditions of this chapter does not constitute a crime and a qualifying patient or designated provider in compliance with the terms and conditions of this chapter may not be arrested, prosecuted, or subject to other criminal sanctions or civil consequences, for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver, cannabis under state law, or have real or personal property seized or forfeited for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver, cannabis under state law, and investigating peace officers and law enforcement agencies may not be held civilly liable for failure to seize cannabis in this circumstance, if:

     (1)(a) The qualifying patient or designated provider possesses no more than fifteen cannabis plants and:

     (i) No more than twenty-four ounces of useable cannabis;

     (ii) No more cannabis product than what could reasonably be produced with no more than twenty-four ounces of useable cannabis; or

     (iii) A combination of useable cannabis and cannabis product that does not exceed a combined total representing possession and processing of no more than twenty-four ounces of useable cannabis.

     (b) If a person is both a qualifying patient and a designated provider for another qualifying patient, the person may possess no more than twice the amounts described in (a) of this subsection, whether the plants, useable cannabis, and cannabis product are possessed individually or in combination between the qualifying patient and his or her designated provider;

     (2) The qualifying patient or designated provider presents his or her proof of registration with the department of health, to any peace officer who questions the patient or provider regarding his or her medical use of cannabis;

     (3) The qualifying patient or designated provider keeps a copy of his or her proof of registration with the registry established in *section 901 of this act and the qualifying patient or designated provider's contact information posted prominently next to any cannabis plants, cannabis products, or useable cannabis located at his or her residence;

     (4) The investigating peace officer does not possess evidence that:

     (a) The designated provider has converted cannabis produced or obtained for the qualifying patient for his or her own personal use or benefit; or

     (b) The qualifying patient has converted cannabis produced or obtained for his or her own medical use to the qualifying patient's personal, nonmedical use or benefit;

     (5) The investigating peace officer does not possess evidence that the designated provider has served as a designated provider to more than one qualifying patient within a fifteen-day period; and

     (6) The investigating peace officer has not observed evidence of any of the circumstances identified in *section 901(4) of this act.

[2011 c 181 § 401; 2007 c 371 § 5; 1999 c 2 § 5 (Initiative Measure No. 692, approved November 3, 1998).]

Notes:

     *Reviser's note: Section 901 of this act was vetoed by the governor.

     Intent -- 2007 c 371: See note following RCW 69.51A.005.