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Medical Marijuana: Washington State Sets Supply Limits

Ending a contentious, year-long argument over what constitutes a 60-day supply of medical marijuana, the Washington state Department of Health last week issued new regulations setting the limit at 24 ounces of smokeable marijuana and 15 plants, no matter what size. The new standard comes a decade after Washington voters okayed the use of medical marijuana in 1998.

While the 1998 law specified that patients could have a 60-day supply, the law never specified just what that meant. As a result, some patients ended up being arrested and tried by prosecutors unfriendly to the law or intent on making sure it was not being used as a cover for marijuana manufacture and distribution. Some patients have even been convicted despite having physician recommendations.

from Drug War Chronicle, Issue #555, 10/10/08

Last year, the state legislature voted to order the Health Department to come up with reasonable quantities. After consulting with law enforcement, patients, medical personnel, and others, the department came up with a draft proposal calling for 24 ounces, six mature plants, and 18 seedlings, but that was lambasted by patients and advocates at an August hearing as insufficient for some patients.

The only differences between the draft and the final regulations were the move to allow 15 plants regardless of maturity, a move the department said would result in patients being able to harvest more, and the dropping of the requirement that patients get a doctor’s note if they need more than the 60-day supply set by the department.

"We took a lot of public comment, listened to what people told us, and then made several changes after considering those comments," said Secretary of Health Mary Selecky. "The final rule is simpler and gives patients and caregivers more flexibility in growing plants. Many patients said they didn’t like the distinction in the draft rule between mature and immature plants. We believe the patients and their caregivers are in the best position to decide that."

Although not everyone in the Washington medical marijuana community is pleased with the new quantity regulations, they are in line with those of neighboring Oregon and exceed those of some California counties.

Update Sunday 16 November 2008 20:21, published Sunday 16 November 2008 15:53

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