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Wash. State Limits Medical Marijuana Use

By JASON SCHOSSLER, Andrews Publications Correspondent

The state of Washington has set a final rule defining how much pot constitutes a 60-day supply for medical marijuana users.

The new rule, issued by the state health secretary, sets the supply limit at 24 ounces of smokeable marijuana and up to 15 plants.

According to the Department of Health, the new rule was needed to clarify exactly what a 60-day supply should be under the state's 1998 medical marijuana law.

The official definition will go into effect Nov. 2, according to a statement released by the Health Department.

State law permits the use of marijuana for "terminal or debilitating illnesses" when recommended by a physician.

Though the original law said qualifying patients were allowed to have up to a 60-day supply, it never specified just what that meant.

This led to confusion among patients, doctors, advocates and law enforcement as to the exact amount allowed.

As a result the state Legislature ordered the Department of Health in 2007 to come up with an official definition.

"We took a lot of public comment, listened to what people told us and then made several changes after considering those comments," Secretary of Health Mary Selecky said in a statement.

She added that the original draft rule allowed up to 18 immature plants and six mature ones. The new rule, she said, simply sets the total number of plants at 15.

"Many patients said they didn't like the distinction in the draft rule between mature and immature plants," Selecky said. "We believe the patients and their caregivers are in the best position to decide that."

On its Web site the Department of Health also noted that the 24-ounce total for smokeable marijuana is less than allowed in several California counties but the same as in Oregon.

To comment, ask questions or contribute articles, contact West.Andrews.Editor@ThomsonReuters.com.




Health Law Litigation Reporter
Volume 16, Issue 06
10/16/2008

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