(1) It
shall be a class 3 civil infraction to use or display medical
cannabis in a manner or place which is open to the view of the
general public.
(2) Nothing in this chapter establishes a right of care as a
covered benefit or requires any state purchased health care as
defined in RCW 41.05.011 or other health carrier or health plan
as defined in Title 48 RCW to be liable for any claim for
reimbursement for the medical use of cannabis. Such entities may
enact coverage or noncoverage criteria or related policies for
payment or nonpayment of medical cannabis in their sole
discretion.
(3) Nothing in this chapter requires any health care
professional to authorize the medical use of cannabis for a
patient.
(4) Nothing in this chapter requires any accommodation of
any on-site medical use of cannabis in any place of employment,
in any school bus or on any school grounds, in any youth center,
in any correctional facility, or smoking cannabis in any public
place or hotel or motel.
(5) Nothing in this chapter authorizes the use of medical
cannabis by any person who is subject to the Washington code of
military justice in chapter 38.38 RCW.
(6) Employers may establish drug-free work policies.
Nothing in this chapter requires an accommodation for the medical
use of cannabis if an employer has a drug-free work place.
(7) It is a class C felony to fraudulently produce any
record purporting to be, or tamper with the content of any record
for the purpose of having it accepted as, valid documentation
under *RCW 69.51A.010(32)(a), or to backdate such documentation
to a time earlier than its actual date of execution.
(8) No person shall be entitled to claim the protection from
arrest and prosecution under RCW 69.51A.040 or the affirmative
defense under RCW 69.51A.043 for engaging in the medical use of
cannabis in a way that endangers the health or well-being of any
person through the use of a motorized vehicle on a street, road,
or highway, including violations of RCW 46.61.502 or 46.61.504,
or equivalent local ordinances.
[2011 c 181 § 501; 2010 c 284 § 4; 2007 c 371 § 6; 1999 c 2 § 8 (Initiative Measure No. 692, approved November 3, 1998).]
NOTES:
*Reviser's note: RCW 69.51A.010(32) is a reference to the definition of "valid documentation" which was amended and renumbered by 2011 c 181 § 201, but the section was vetoed by the governor.
Intent -- 2007 c 371: See note following RCW 69.51A.005.