(1) If a law enforcement officer
determines that marijuana is being possessed lawfully under the
medical marijuana law, the officer may document the amount of
marijuana, take a representative sample that is large enough to
test, but not seize the marijuana. A law enforcement officer or
agency shall not be held civilly liable for failure to seize
marijuana in this circumstance.
(2) If charged with a violation of state law relating to
marijuana, any qualifying patient who is engaged in the medical
use of marijuana, or any designated provider who assists a
qualifying patient in the medical use of marijuana, will be
deemed to have established an affirmative defense to such charges
by proof of his or her compliance with the requirements provided
in this chapter. Any person meeting the requirements appropriate
to his or her status under this chapter shall be considered to
have engaged in activities permitted by this chapter and shall
not be penalized in any manner, or denied any right or privilege,
for such actions.
(3) A qualifying patient, if eighteen years of age or older,
or a designated provider shall:
(a) Meet all criteria for status as a qualifying patient or
designated provider;
(b) Possess no more marijuana than is necessary for the
patient's personal, medical use, not exceeding the amount
necessary for a sixty-day supply; and
(c) Present his or her valid documentation to any law
enforcement official who questions the patient or provider
regarding his or her medical use of marijuana.
(4) A qualifying patient, if under eighteen years of age at
the time he or she is alleged to have committed the offense,
shall demonstrate compliance with subsection (3)(a) and (c) of
this section. However, any possession under subsection (3)(b) of
this section, as well as any production, acquisition, and
decision as to dosage and frequency of use, shall be the
responsibility of the parent or legal guardian of the qualifying
patient.
[2007 c 371 § 5; 1999 c 2 § 5 (Initiative Measure No. 692, approved November 3, 1998).]
NOTES:
Intent -- 2007 c 371: See note following RCW 69.51A.005.