Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
                                HOUSE BILL 1563
                       Chapter 254, Laws of 2023
                               68th Legislature
                             2023 Regular Session
      MEDICAL USE OF CANNABIS—CRIMINAL AND CIVIL PROTECTIONS
                     EFFECTIVE DATE: July 23, 2023
Passed by the House March 3, 2023                    CERTIFICATE
  Yeas 63 Nays 32
                                        I, Bernard Dean, Chief Clerk of the
                                        House of Representatives of the
            LAURIE JINKINS              State of Washington, do hereby
Speaker of the House of                 certify that the attached is HOUSE
Representatives                         BILL 1563 as passed by the House of
                                        Representatives and the Senate on
                                        the dates hereon set forth.
Passed by the Senate April 12, 2023
  Yeas 37 Nays 12                                   BERNARD DEAN
                                                                   Chief Clerk
              DENNY HECK
President of the Senate
Approved May 4, 2023 10:29 AM                           FILED
                                                     May 4, 2023
                                                  Secretary of State
              JAY INSLEE                          State of Washington
Governor of the State of Washington
                                HOUSE BILL 1563
                   Passed Legislature - 2023 Regular Session
     State of Washington       68th Legislature        2023 Regular Session
     By Representatives Kloba, Simmons, Cheney, Peterson, Ramel, Ormsby,
     Reeves, Reed, Macri, Fitzgibbon, Gregerson, Rude, and Wylie
     Read first time 01/24/23.      Referred   to   Committee   on   Regulated
     Substances & Gaming.
      AN ACT Relating to arrest protections for the medical use of
  cannabis; amending RCW 69.51A.040, 69.51A.055, and 69.51A.060; and
  repealing RCW 69.51A.043.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1. RCW 69.51A.040 and 2022 c 16 s 118 are each amended to
 read as follows:
     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
 law enforcement officers and agencies may not be held civilly liable
 for failure to seize cannabis in this circumstance, if:
     (1)(a)(i) The qualifying patient or designated provider has been
 entered into the medical cannabis authorization database and holds a
 valid recognition card ((and)) or the qualifying patient or
                                     p. 1                            HB 1563.SL
 designated provider holds a valid authorization if the qualifying
 patient or designated provider has not been entered into the medical
 cannabis authorization database and has not been issued a recognition
 card, and the qualifying patient or designated provider possesses no
 more than the amount of cannabis concentrates, useable cannabis,
 plants, or cannabis-infused products authorized under RCW 69.51A.210.
     (ii) 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 RCW 69.51A.210 for the
 qualifying patient and designated provider, whether the plants,
 cannabis concentrates, useable cannabis, or cannabis-infused products
 are possessed individually or in combination between the qualifying
 patient and his or her designated provider. However, in accordance
 with RCW 69.51A.260, no more than 15 plants may be grown or located
 in any one housing unit other than a cooperative established pursuant
 to RCW 69.51A.250;
     (b) The qualifying patient or designated provider presents his or
 her recognition card or, if the qualifying patient or designated
 provider does not have a recognition card, then his or her
 authorization, to any law enforcement officer who questions the
 patient or provider regarding his or her medical use of cannabis;
     (c) The qualifying patient or designated provider keeps a copy of
 his or her recognition card ((and)) if the qualifying patient or
 designated provider has a recognition card, or keeps a copy of his or
 her authorization if the qualifying patient or designated provider
 does not have a recognition card, and keeps a copy of the qualifying
 patient   or   designated  provider's   contact   information   posted
 prominently next to any plants, cannabis concentrates, cannabis-
 infused products, or useable cannabis located at his or her
 residence;
     (d) The investigating law enforcement officer does not possess
 evidence that:
     (i) The designated provider has converted cannabis produced or
 obtained for the qualifying patient for his or her own personal use
 or benefit; or
     (ii) The qualifying patient sold, donated, or supplied cannabis
 to another person; and
     (e) The designated provider has not served as a designated
 provider to more than one qualifying patient within a fifteen-day
 period; or
                                     p. 2                       HB 1563.SL
     (2) The qualifying patient or designated provider participates in
 a cooperative as provided in RCW 69.51A.250.
     Sec. 2.   RCW 69.51A.055 and 2015 c 70 s 30 are each amended to
 read as follows:
     (1)(a) The arrest and prosecution protections established in RCW
 69.51A.040 may not be asserted in a supervision revocation or
 violation hearing by a person who is supervised by a corrections
 agency or department, including local governments or jails, that has
 determined that the terms of this section are inconsistent with and
 contrary to his or her supervision.
     (b) The affirmative ((defenses)) defense established in RCW
 ((69.51A.043 and)) 69.51A.045 may not be asserted in a supervision
 revocation or violation hearing by a person who is supervised by a
 corrections agency or department, including local governments or
 jails, that has determined that the terms of this section are
 inconsistent with and contrary to his or her supervision.
     (2) RCW 69.51A.040 does not apply to a person who is supervised
 for a criminal conviction by a corrections agency or department,
 including local governments or jails, that has determined that the
 terms of this chapter are inconsistent with and contrary to his or
 her supervision.
     Sec. 3. RCW 69.51A.060 and 2022 c 16 s 122 are each amended to
 read as follows:
     (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 youth
                                     p. 3                       HB 1563.SL
 center, in any correctional facility, or smoking cannabis in any
 public place or hotel or motel.
     (5) Nothing in this chapter authorizes the possession or use of
 cannabis, cannabis concentrates, useable cannabis, or cannabis-
 infused products on federal property.
     (6) 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.
     (7) 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 workplace.
     (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.
     NEW SECTION.   Sec. 4.   RCW 69.51A.043 (Failure to enter into the
 medical cannabis authorization database—Affirmative defense) and 2022
 c 16 s 119, 2015 c 70 s 25, & 2011 c 181 s 402 are each repealed.
         Passed by the House March 3, 2023.
         Passed by the Senate April 12, 2023.
         Approved by the Governor May 4, 2023.
         Filed in Office of Secretary of State May 4, 2023.
                                    --- END ---
                                       p. 4                      HB 1563.SL
Statutes affected: 
Original Bill: 69.51A.040, 69.51A.250, 69.51A.060
Bill as Passed Legislature: 69.51A.040, 69.51A.250, 69.51A.060
Session Law: 69.51A.040, 69.51A.250, 69.51A.060