Does this draft rule decriminalize marijuana?

How did the department settle upon its proposed 60-day supply limit of 24 ounces?

• The limit is based on carefully considering federal programs, published studies, and public input. We also reviewed regulations from other states that allow medical use of marijuana.

• Patients in the federal government’s Compassionate Investigational New Drug (IND) Program may have about 17.5 ounces of marijuana for a 60-day period. This amount is based on smoking as the only method of use.

• Many patients cannot tolerate smoking marijuana, and some patients say they use marijuana in a variety of other ways. They may smoke it, vaporize it, eat it, or make ointments, tea, and bath-soaks with it.

• Studies indicate that it takes more marijuana when using it in forms other than smoking — such as eating or vaporizing.

• Allowing 24 ounces as a 60-day supply is consistent with the federal Compassionate IND program, allows for some alternative use, provides patients and law enforcement with a clear number, and fosters consistent regulation with Oregon.
   

How did you decide to use plant count instead of plant canopy?

A.

• The proposed rule allows for a maximum of six mature plants and a maximum of 18 immature plants.

• The department considered several options to address the issue of marijuana plants, including plant canopy and plant counts.

• Feedback from patients and law enforcement agreed that the rules should provide clear direction on medical marijuana limits. In fact, some ideas shared by the public included plant counts.

• Law enforcement comments indicated that calculating plant canopy would be much more difficult than plant count.

• Using a plant count is also consistent with our neighboring state. Oregon has the same plant count limits in place.

What is the difference between a mature plant and an immature plant?

Immature plants are any marijuana plants that meet all three of the following: 

• There are no flowers on the plant.

• It is less than 12 inches tall.

• It is less than 12 inches in diameter

Is it true that doctors can recommend more or less than the designated limits?

• Yes. The limits are not absolute. State law allows physicians to recommend more (or less) than the presumptive limits if they can show a medical need.

• Doctors and patients should work together to determine the best amount of marijuana, even if it is under or over the proposed amount.

Will this rule mean that patients cannot be prosecuted if they are within the limits?

No. Patients can still be criminally prosecuted. That’s outside of Department of Health authority.

What specific studies were considered to develop the 60-day supply amount?

The Department of Health reviewed studies from the federal medical marijuana program, the Drug Enforcement Agency, the Dutch Office of Medicinal Cannabis, and medical and scientific researchers, among others.

Here is a selected list of studies reviewed:

• Chris Conrad, “Cannabis Yields and Dosage: A Guide to the Production and Use of Medical Marijuana,” Safe Access Now, August 2007.

• Emmanuel Street, Paul Verbanck, and Isy Pelc, “Pharmacology and Neurobiology of Cannabis,” International Conference on Cannabis, February 25, 2002.

• Ethan Russo, Mary Lynn Mathre, Al Byrne, Robert Velin, Paul J. Bach, Juan Sanchez-Ramos, Kristin A. Kirlin, “Chronic Cannabis Use in the Compassionate Investigational New Drug Program: An Examination of Benefits and Adverse Effects of Legal Clinical Cannabis,” Journal of Cannabis Therapeutics, Vol. 2(1), 2002.

• Gregory T. Carter, Patrick Weyd, Muraco Kynasha-Tocha, and Donald Abrams. “Medicinal Cannabis: Rational Guidelines for Dosing,” IDrugs, Vol.7(5), 2004.

•  Office of Medical Cannabis, “Medicinal Cannabis, Information for Health Care Professionals,” Ministry of Health, Welfare and Sports, Netherlands, June 2007.

• Sunil K. Aggarwwal, Muraco Kyashna-Tocha, and Gregory T. Carter, “Dosing Medical Marijuana: Rational Guidelines on Trial in Washington State,” Medscape General Medicine On-Line Journal, September 2007.

• U.S. Department of Justice, National Institute on Drug Abuse, and Drug Enforcement Administration, “Cannabis Yields,” 1992.

• Jones, Reese T.; “Human Effects: An Overview”; National Institute of Drug Abuse Research Monograph Series #31 - Marijuana Research Findings 1980; US Department of Health and Human Services; June 1980; pp 54-80.

• The public can provide comments on the draft rules in writing, by e-mail and regular mail, or in person at the rule hearing.

• A rule hearing will be held in Tumwater on August 25, 2008.

• After all comments by public and interested parties are reviewed, a final rule will be filed.