SB 38

Current law prohibits a person from manufacturing, distributing, or delivering

marijuana; possessing marijuana with the intent to manufacture, distribute, or

deliver it; possessing or attempting to possess marijuana; using drug paraphernalia;

or possessing drug paraphernalia with the intent to produce, distribute, or use a

controlled substance. This bill creates a medical use defense to such

marijuana-related prosecutions and forfeiture actions for persons who are

registered with the Department of Health Services as having specified debilitating

medical conditions or treatments and, if applicable, their primary caregivers. This

bill also prohibits the arrest or prosecution of such persons for those offenses. The

defense and prohibition do not apply under certain circumstances, such as 1) if the

person does not have a valid registry identification card; 2) if the amount of

marijuana involved is more than 12 marijuana plants and three ounces of marijuana

leaves or flowers; 3) if, while under the influence of marijuana, the person drives a

motor vehicle or engages in any other conduct that endangers the health or well

being of another person; or 4) if the person smokes marijuana on a school bus or

public transit or on school premises.

Under the bill, DHS must establish a registry for persons who use marijuana

for medical use. Under the bill, a person may apply to DHS for a registry

identification card. DHS must issue a qualified applicant a registry identification

card unless, in the previous ten years, the applicant was serving a sentence or on

probation for certain felony convictions. Except for law enforcement purposes, DHS

must keep registry information and applications confidential.

Under the bill, DHS also must license and regulate dispensaries to facilitate the

medical use of marijuana. This bill prohibits dispensaries from being located within

500 feet of a school, prohibits a dispensary from distributing to one person more than

an allowable amount of marijuana, and prohibits a dispensary from possessing an

excessive quantity of marijuana as determined by the number of persons it serves

or by DHS. An applicant for a license must pay an initial application fee of $250, and

a dispensary must pay an annual fee of $5,000.

This bill requires DHS to promulgate rules to allow entities to grow marijuana

and distribute marijuana to dispensaries. This bill also requires DHS to register

entities as tetrahydrocannabinols-testing laboratories.

This bill changes state law regarding marijuana. It does not affect federal law,

which generally prohibits persons from manufacturing, delivering, or possessing

marijuana and applies to both intrastate and interstate violations.