SDPdirect.org Solutions for Cannabis Patients

ADVANCE COUNCIL AGENDA Meeting of MONDAY, JANUARY 30, 2012

Former SDP member, Renata Rollins, testifies at SB 6265 Public Hearing.

Following the theatrics of last year's extremely contentious and highly profiled Senate Bill 5073, the 2012 effort to reform cannabis laws in Olympia is off to a relatively cooperative and promising start. Although the proposal received overall support from various stakeholders, those who testified still found disagreements with specific aspects of this year's bill, SB 6265.

“When we finished last year's session, I wasn't sure if I really had it in me to continue,” admitted the bill's sponsor, Sen. Jeanne Kohl-Welles, D-Seattle, referring to her work in 2011, on SB 5073.

The Senator worked tirelessly on a bi-partisan effort which would have created a state regulated system for the production, processing, and dispensing of medical cannabis, but major portions of her bill were vetoed by Washington Governor Christine Gregoire due to federal threats against state employees.

“It's like a big puzzle,” said Kohl-Welles before the Senate Committee on Health & Long-Term Care on Wednesday, “trying to put together the different pieces to satisfy the various groups; I'm convinced now, we can never do that.”

Some contentions in this year's bill include the level at which cities, towns, and counties may control and regulate cannabis within their boundaries, as well as the creation of a state regulated patient registry which would give registrants arrest protection.

Don Pierce with the Washington Association of Sherrifs and Police Cheifs  was prompted by Sen. Adam Kline, D-Seattle, to comment on possible abuses by police in regards to a law enforcement accessible patient registry.

“I don't see that kind of divide...we just want to know what the rules are, so we can do the right thing,” said Pierce. “As you well know, you subject yourself to a substantial amount of civil liability.”  

Dr. James Lathrop of Advanced Holistic Health, an organization which specializes in medical cannabis recommendations, claimed that a state-ran patient registry was redundant, as a decentralized patient verification system already exists amongst various cannabis authorization clinics and doctors offices.

“Police departments are increasingly accepting the tamper proof authorizations,” said Lathrop. “I would much rather see myself put on a list as a doctor and let me verify the patients, let me protect the patients...regulate me and my practice.”

Don Pierce agreed that law enforcement is not currently arresting patients with proper documentation, but feels there are other issues the registry can address.

“Nothing in the bill says that if you are not registered, but have proper documentation, then you would have to be arrested. Keep in mind, if you have a private grow-op, that's legitimate...and the neighbors call and complain, we have no way of knowing that and we have a duty to investigate. I don't think a registry sets us back, at all, as far as more folks getting arrested; I think fewer.”

Other portions of SB 6265 seek to enhance safe access for patients by clarifying language relating to collective gardens and provisions allowing for so-called non-profit patient cooperatives (NPC).

“They were not intended to be the centerpiece of the legislation...they were intended for small groups in local communities,” said Sen. Kohl-Welles in regards to provisions developed last year allowing for 10-patient, 45-plant collective gardens.

This year the Senator is proposing the concept of non-profit patient cooperatives. Amongst other requirements, NPC's must not be located within 500 feet of schools, must be registered with the Secretary of State as a non-501 (c) 3 non-profit organization, and may obtain usable cannabis from collective gardens. Don Pierce said his organization is opposed to NPC's.

“We are opposed to any part of a bill which increases access to illegitimate users and we believe that that is what the non-profit patient cooperatives do; they are a dispensary by another name.”

As far as collective gardens are concerned, Candice Bock, representing the Association of Washington Cities, said her organization is apposed to a bill which preempts cities and towns form banning them. However, she did say she supports the rest of the proposal, which includes giving localities the ability to opt-in or opt-out of allowing NPC's in their communities.  

“Each community needs the flexibility to find its own path,” claimed Bock. “These are a very creative and entrepreneurial group of folks. They often find new ways to interpret the law and what a collective garden can be and should be. We want to have some bright lines drawn by the legislature so that we all know what those rules are.”

Migraine sufferer and patient advocate, Renata Rollins voiced her opposition to portions allowing for communities to opt-out of NPC's and  ban collective gardens.

“I certainly didn't have to ask cities and towns whether to get debilitating migraines twice a week,” said Rollins before the committee. And I don't think anyone with cancer or epilepsy or other debilitating or life threatening conditions would have to, so I don't see the purpose in people like us having to ask cities where we can get our medicine.”

Again, relative to last year's bill, this year's effort to reform cannabis laws is a matter of hammering out the details. Ezra Eickmeyer with the Washington Alternative Medicine Alliance summed up the overall tone of the hearing with his comments.  

“We can all see that this is a mess across the state, because the laws are a mess. We think this bill is a great start. We agree that there appears to be no need for a registry. That said, we don't think it's worth fighting this bill over that provision.” 

Watch Hearing at TVW.org 

SB 6265 Draft (1/18/12) - Full Text

Ezra Eikmeyer with the Washington Alternative Medicine Alliance.

Council President Ben Stuckart and Councilmen Mike Fagan and Jon Snyder discuss cannabis in Spokane. 

The Spokane City Council was virtually mum on the issue of medical cannabis under the leadership of former President Joe Shogan.  However, only three weeks into a new council, medical marijuana advocates have gained what some may consider to be an unlikely ally in District 1 newcomer, Mike Fagan.  Fagan is teaming up with senior council member Jon Snyder to co-sponsor a resolution in support of Governor Christine Gregoire (WA) and Governor Lincoln Chaffe's (RI) petition to reclassify marijuana for medical use under the Controlled Substance Act.  

"We're taking baby steps."  said Fagan at the Public Safety Committee meeting held this afternoon at City Hall.

"We're requesting that the federal government provide us with some sort of clarification.  That way we know what direction we should be taking in the future."  

Interim Police Chief Scott Stephens was prompted by President Ben Stuckart for input regarding the possible effects of reclassification on the policing of marijuana. 

"Anytime you clarify a law, from a law enforcement standpoint, it just makes our job so much easier," said Stephens.  "We want to follow the law, as long as the law is clear."  

Marijuana is currently a Schedule I controlled substance; making it unavailable, under federal law, for medical use or clinical research.  If rescheduled, states and localities will be able to develop regulations providing for safe access without fear of federal action. 

When asked by Councilman Mike Allen whether or not this resolution included provisions for local distribution accountability, Councilman Snyder replied, "this resolution does not address any of the operational realities...that is step two, three, or four down the road."  

Sen. Jeanne Kohl-Welles discusses cannabis reform with TVW's Jessica Gao

Senator Jeanne Kohl-Welles, a long time supporter of medical cannabis, is continuing her efforts to reform medical marijuana laws in Olympia during the 2012 legislative session.  Her latest bill is currently sitting in the Senate Health & Long Term Care Committee and will receive a public hearing at 8:00 am on Wednesday, January 18.  The meeting can be viewed live at TVW.org. (Watch)  

Key portions of the draft include:  

Provisions allowing for Non-profit patient cooperatives (NPC)

NPC's: 

- Shall be registered with the Secretary of State as a non-profit;  excluding 501 (c) 3.  

- May obtain usable cannabis from collective gardens. 

- May produce and process cannabis for members; not to exceed 15 plants per patient or 99 plants total.

- May possess no more than 24 ounces of usable cannabis per member or up to a total of one-   hundred and forty ounces.

- Member contributions may be solely financial.  

- Shall not be located within 500 feet of schools or other similar institutions.  Local governments may   increase or reduce this distance via ordinance.

- Advertising is limited to trade journals and websites.  

- Shall permit designated agents to inspect the premises and authorization records.  

- Counties, cities, and towns may ban NPC's or enact zoning, health and safety, licensing, and other local   regulations and requirements.  

The creation of NPC's appears to be a responsible attempt to provide patients with reliable access; filling the void left by the closing of dispensaries. The current distribution model, known as a collective garden, lacks in ease of access, consistency, variety of product, and safety.  Finally, this bill gives local officials the autonomy to refine regulations in a way that best suits their region and demographic. 

Updates on the progress of this bill will be posted on our blog as soon as the information becomes available.     

Links:

"A push to revise marijuana laws." Sen. Jeanne Kohl-Welles with TVW's Jessica Gao.  November 15, 2011.  

S-3377.8 Relating to medical cannabis (full text) 

Local News - Local - November 03, 2011

Medical marijuana backers to open educational facility

Pair to counsel patients on issues surrounding state's cannabis rules

By Mike McLean

Of the Journal of Business

Two Spokane medical marijuana advocates, doing business as University of Spokamsterdam LLP, say they've leased space near downtown where they plan to base educational programs about using the drug in compliance with the state's Medical Use of Cannabis Act.

The University of Spokamsterdam will occupy 2,500 square feet of space at 127 W. Boone, says Darren McCrea, who plans to open the cannabis-counseling venture with partner Mike Levers on Dec. 3.

McCrea says the courses will inform patients and designated providers about legal issues regarding Washington state's medical marijuana law. It also will instruct patients and designated providers on setting up grow rooms, caring for marijuana plants, and harvesting and curing cannabis, he says.

"These are issues people are interested in, but don't know how to find the information," says McCrea, who adds that he uses medical marijuana as an alternative to painkillers and as a supplement to anti-seizure medications.

State law allows qualifying patients to use marijuana on the written recommendation of a health-care professional in the course of treatment of cancer, HIV, multiple sclerosis, epilepsy, or other seizure and spasticity disorders in which muscles tense reflexively and resist stretching, McCrea says. The state law also allows patients to use marijuana for certain other conditions including glaucoma, Crohn's disease, hepatitis C, and diseases that result in nausea, appetite loss, cramping, seizures, and muscle spasms, and spasticity, if those conditions can't be relieved by standard medical treatments, he says.

Such patients or their designated providers are allowed to possess up to 24 ounces of usable marijuana, including up to 15 live marijuana plants, McCrea says.

Federal law, though, prohibits manufacturing and distribution of marijuana, even for medical purposes, and a recent federal crackdown on medical marijuana dispensaries here and elsewhere have forced many of them to shut down.

Levers says the University of Spokam-sterdam has no plans to dispense or possess marijuana at the site.

The courses will hold up to 100 people and will be held at various times to accommodate schedules for patients and providers.

Levers and McCrea will be the only people on the University of Spokamster-dam's initial staff, although they plan to bring in consultants as needed to lead some courses, McCrea says.

They haven't set course prices yet, although they are considering charging $50 for an initial course in which a legal consultant would explain some of the nuances of the medical marijuana law.

The University of Spokamsterdam also has an option to lease the remaining half of the 5,000-square-foot building on Boone Avenue.

The building had been owned and occupied by The Arc of Spokane, which bought a 21,000-square-foot building formerly occupied by Inland Power & Light Co., at 320 E. Second, east of downtown in 2009 and moved there last year.

The Arc of Spokane sold the building on Boone last year to its current owner, My Man Godfrey LLC, headed by Roger Whitten, of Oakesdale, Wash.

Contact Mike McLean at (509) 344-1266 or via email at mikem@spokanejournal.com.

Journal of Business http://www.spokanejournal.com/article.php?id=7597 ;

 Spokane Entrepreneurial Center - Lorraine Building 308 W. 1st Ave. Spokane, WA

Spokane Designated Provider is pleased to announce our new office and meeting space located in the Spokane Entrepreneurial Center's (SEC) Lorraine building at 308 W. 1st Ave. in Downtown Spokane.  

According to the SEC's website, www.spokanecenter.biz, "the Lorraine Building is listed on both the National Register of Historic Properties as well as the Spokane Register of Historic Properties. It was originally built in 1909 as a single room occupancy hotel."

The Spokane Entrepreneurial Center was founded in 2007 by local businessman and city council hopeful Steve Salvatori.  His objective is to provide low cost office space with no overhead to small business upstarts. 

Current tenants at the Lorraine Building include Cathy for Congress and Condon for Mayor.  We feel that this space will be ideal for advocating to diverse groups and its central location, off-street parking, and wheelchair access are accommodating to clientele and associates.  

Our grand opening will be announced in a few weeks and we will be holding frequent meetings for various cannabis related organizations and projects.  Spokane Designated Provider hopes to use this key location to begin bringing real change to marijuana policy in Spokane and Washington State.

We hope that you will join us.

                 SEC Conference Room                                                         SDP new office space

DUTIES:

Develop and implement care plans for terminally ill cannabis patients;

Develop and implement medication administration/assistance and nurse delegation systems for long term and intensive care units;

Delegate administration of cannabis to terminally ill cannabis patients by licensed nurses assistants.

Call (509)217-6048 for more info or email your resume to ianm@sdpdirect.org.