Is it legal to possess marijuana for medical use in Washington?

Washington’s medical marijuana law is codified in the Revised Code of Washington Chapter 69.51A.  Washington residents who have a qualifiying medical condition, and their designated caregivers, may recieve approval from a Physician or Osteopathy for the use medical marijuana.

What kind of documentation do I need?

Washington law requires you to have a statement signed by a physician stating that, in the physician’s professional opinion, you may benefit from the medical use of marijuana.  You must also have valid picture ID on you to show that you are the person named in the documents.

What does a valid medical marijuana “prescription” do? 

• The medical marijuana law provides an affirmative defense against manufacture (growing) and possession charges brought under Washington law.  This means that a qualifying patient or designated caregiver may use a valid “prescription” for medical marijuana to defend against a legal action taken under Washington law.  The document from your doctor must be issued prior to any possession of marijuana and must not be expired.   To be able to assert this defense you must (1) meet all the criteria of a qualifying patient or designated provider (2) possess no more than necessary for the patient’s personal, medical use and (3) present your prescription to an officer upon request (you should carry your medical marijuana documents on you at all times).
• A valid ”prescription” allows for the possession of up to a 60-day supply of marijuana.

What doesn’t a medical marijauna “prescription” do?

• A valid prescrition does not allow anyone to buy, sell or distribute marijuana. 
• A valid prescrition does not allow you to use marijuana in public or possess it in a way that it is displayed to the public.
• A valid prescrition does not legalize possession or give you an affirmative defense under federal law.  Current guidlines for federal prosecutors direct them to take appropriate medical use into consideration when deciding whether to charge marijuana-related offenses.  This directive does not change federal law and is subject to change at any time.  Thus, even if you have a perfectly valid defense against a Washington possession charge you can still be charged and convicted in federal court.
• It does not allow for possession in other states.  While some states may recogonize out-of-state prescriptions, you should always check with a criminal defense attorney that practices law in that state, first.  Washington does not recognize doctor recommendations, ID cards, or other documentation from other states.  You should never transport a controlled substance across state lines, regardless of any documentation you may have, as this is a violation of federal law.

How much marijuana is a “60-day supply?”

The Washington Administrative Code 246-75-010 defines a 60-day supply of marijuana as 24 ounces and 15 plants.  Washington’s medical marijuna law does allows for a qualifying patient to exceed these limits if he or she can prove medical need.  You should consult a criminal defense attorney before making the decision to possess a greater amount than that defined as a 60-day supply. 

How can I obtain a medical marijuana prescription?

You must be a resident of Washington and diagnosed by a Physician or Oestopath (licensed in Washington under RCW 18.71 or 18.57) to have one of the “terminal or debilitating medical condition” listed in the statute to be a qualifying patient.  If you meet all of the criteria ountlined in the statute your Physician can provide you with the proper documents. 

How do I become a designated provider?

A designated provider must be at least 18 years old and must be designated in writing by the qualifying patient.  A designated provider can only be a provider for one patient at any one time.

What do I do if I have been charged with possession of marijuna?

Everett Criminal Defense Attorney Scott W. Lawrence has years of experience fighting possession of marijuana and marijuana DUI charges. Call (425) 488-8481 now to schedule a free consultation with a proven Everett criminal defense attorney.