WSR 17-02-006
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF HEALTH
[Filed December 22, 2016, 12:03 p.m.]
Subject of Possible Rule Making: Chapter 246-71 WAC, Medical marijuana authorization data base and chapter 246-72 WAC, Medical marijuana consultant certificate. The department is considering amendments to chapter 246-71 WAC regarding authorization forms, recognition cards, regulation of card fees, and other housekeeping. The department is also considering amendments to chapter 246-72 WAC regarding fees and a consultant's issuing of authorization cards, training and other housekeeping.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 69.51A.230 and 69.51A.290.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The first few months of operation have revealed policy issues affecting the authorization data base and consultant certification which need addressing. Rules may be needed for the department's administrative improvement of the authorization data base and consultant certification. Rules may further be needed to address potential conflicts of interest between marijuana producers, processors, and retailers.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The liquor and cannabis board (LCB) has authority to license the medically endorsed marijuana retail stores with medical marijuana consultant certificate holders who can create cards for a patient and sell medical marijuana products. The department of health will continue its coordination with LCB for the regulatory implementation of chapter 69.51A RCW through regular meetings and other communications.
Process for Developing New Rule: Collaborative.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Persons interested in participating in the rule process or receiving updates can contact the Washington state medical marijuana program through a listserv available at www.doh.wa.gov/medicalmarijuana; send a facsimile to (360) 236-2901; or by mail to the Medical Marijuana Program, P.O. Box 47852, Olympia WA 98504-7852; or by email medicalmarijuana@doh.wa.gov; or by phone (360) 236-4844.
December 22, 2016
John Wiesman, DrPH, MPH
Secretary