Ballot Initiative I-692

Effective:

— Approved by 59% of voters on Nov. 3, 1998Nov. 3, 1998

“Qualifying patients with terminal or debilitating illnesses who, in the judgment of their physicians, may benefit from the medical use of marijuana, shall not be found guilty of a crime under state law for their possession and limited use of marijuana.”

Approved Conditions: Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; Intractable pain, limited to pain unrelieved by standard medical treatments and medications; Glaucoma, either acute or chronic, limited to mean increased intraocular pressure unrelieved by standard treatments and medications; Crohn’s disease with debilitating symptoms unrelieved by standard treatments or medications; Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; Chronic renal failure requiring hemodialysis; PTSD; Traumatic brain injury

Possession/Cultivation: Any adult over age 21 can purchase one ounce of marijuana from a retail store. Qualifying patients who are in the state database may purchase any combination of:

Three ounces of usable marijuana

Forty-eight ounces of marijuana-infused product in solid form

Two hundred sixteen ounces of marijuana-infused product in liquid form or

Twenty-one grams of marijuana concentrate

Medical marijuana card holders may also grow in their home or as a member of a cooperative:

Six plants for personal medical use, and

Possess up to eight ounces of usable marijuana produced from their plants.

Amended: Senate Bill 6032

Effective: 2007

Amended: Final Rule based on Significant Analysis

Effective: Nov. 2, 2008

Amended: SB 5073

Effective: July 22, 2011

Gov. Christine Gregoire signed sections of the bill and partially vetoed others, as explained in the Apr. 29, 2011 veto notice. Gov. Gregoire struck down sections related to creating state-licensed medical marijuana dispensaries and a voluntary patient registry.

Updates: On Jan. 21, 2010, the Supreme Court of the State of Washington ruled that Ballot Initiative “I-692 did not legalize medical marijuana, but rather provided an authorized user with an affirmative defense if the user shows compliance with the requirements for medical marijuana possession.” State v. Fry

ProCon.org contacted the Washington Department of Health to ask whether it had received any instructions in light of this ruling. Kristi Weeks, Director of Policy and Legislation, stated the following in a Jan. 25, 2010 email response to ProCon.org:

“The Department of Health has a limited role related to medical marijuana in the state of Washington. Specifically, we were directed by the Legislature to determine the amount of a 60 day supply and conduct a study of issues related to access to medical marijuana. Both of these tasks have been completed. We have maintained the medical marijuana webpage for the convenience of the public. The department has not received ‘any instructions’ in light of State v. Fry. That case does not change the law or affect the 60 day supply. Chapter 69.51A RCW, as confirmed in Fry, provides an affirmative defense to prosecution for possession of marijuana for qualifying patients and caregivers.”

On Nov. 6, 2012, Washington voters passed Initiative 502, which allows the state to “license and regulate marijuana production, distribution, and possession for persons over 21 and tax marijuana sales.” The website for Washington’s medical marijuana program states that the initiative “does not amend or repeal the medical marijuana laws (chapter 69.51A RCW) in any way. The laws relating to authorization of medical marijuana by healthcare providers are still valid and enforceable.”

SB 5052 passed the House by a vote of 60-36 on Apr. 10, 2015 and the Senate by a vote of 41-8 on Apr. 14, 2015. Gov. Jay Inslee signed the bill into law with partial vetoes on Apr. 24, 2015.

Qualifying patients in Washington need a valid Medical Marijuana authorization form from their healthcare practitioners.

“Beginning July 1, 2016, patients and designated providers who are entered into the Medical Marijuana Authorization Database will receive a recognition card which will entitle the patient to additional rights and protections under SB 5052:

-Arrest protection

-Purchase products sales tax free

-Purchase three times the legal limit for recreational

Patients and designated providers who hold valid authorizations but aren’t entered into the database will have an affirmative defense to criminal prosecution if they possess no more than four plants and six ounces of usable marijuana. They may purchase only in accordance with the laws and rules for non-patients.”