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Washington Senate Bill 5073 Veto Letter From Governor Christine Gregoire

Washington Senate Bill 5073 Veto Letter From Governor Christine Gregoire

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Published by CDSMGMT
Letter written on April 29, 2011 by Washington's Governor Christine Gregoire to the Senate of the State of Washington regarding her line-item veto of Senate Bill 5073 (An act relating to the medical use of cannabis.)
Letter written on April 29, 2011 by Washington's Governor Christine Gregoire to the Senate of the State of Washington regarding her line-item veto of Senate Bill 5073 (An act relating to the medical use of cannabis.)

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Categories:Types, Business/Law
Published by: CDSMGMT on Aug 08, 2011
Copyright:Attribution Non-commercial

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08/08/2011

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CHRISTINE
0.
CRLGOIRE
Ci‘ye
in,
STATE
Of
WASHINGTON
OFFICE
OF
THE
GOVERNOR
P.O.
Bo
30002
Olympia,
Wishington
98504-0002
(360)751-6780
IvwLsgovernor.skagot
April29,
2011To
theHonorablePresidentandMembers,
The
Senate
of
the
State
of
Washington
LadiesandGentlemen:
I
am
returning
herewith,
without
my
approval
as
to
Sections
101,
201,407,410,411,412,601,
602,603,
604,605,
606,
607,608,609,
610,
611,
701,
702,
703,
704,705,801,802,
803,
804,
805,806,807,
901,
902,1104,1201,1202,
1203
and
1206,
Engrossed
Second
Substitute
SenateBill5073
entitled:“AN
ACT
Relatingtomedical
use
of
cannabis.”
In
1998,
Washington
voters
madethe
compassionate
choice
to
remove
thefear
of
state
criminal
prosecution
for
patients
whouse
medical
marijuana
fordebilitating
or
terminal
conditions.
The
voters
also
provided
patients’
physicians
and
caregivers
with
defenses
to
statelawprosecutions.
I
fully
support
the
purpose
of
Initiative
692,
and
in
2007,
I
signed
legislation
thatexpanded
the
ability
of
a
patient
to
receive
assistance
from
a
designatedprovider
in
the
medical
use
of
marijuana,
andadded
conditions
anddiseases
for
which
medical
marijuana
could
be
used.
Today,
I
havesignedsections
of
EngrossedSecondSubstituteSenate
Bill5073
that
retain
the
provisions
of
Initiative
692
and
provide
additional
state
law
protections.
Qualifying
patients
or
their
designated
providers
may
growcannabis
forthe
patient’s
useor
participate
in
a
collectivegarden
without
fear
of
state
lawcriminalprosecutions.Qualifying
patients
or
their
designatedprovidersare
also
protectedfromcertain
statecivil
lawconsequences.
Ourstate
legislature
may
remove
state
criminal
andcivil
penalties
for
activities
thatassistpersons
suffering
from
debilitating
or
terminalconditions.
Whilesuch
activities
mayviolate
the
federal
Controlled
Substances
Act,
states
arenot
required
to
enforce
federallawor
prosecute
people
for
engaging
in
activitiesprohibited
by
federal
law.
However,
absent
congressional
action,statelaws
willnot
protect
an
individual
fromlegal
action
by
the
federal
government.Qualifying
patients
and
designatedproviders
can
evaluate
the
risk
of
federal
prosecution
andmake
choices
for
themselves
on
whether
to
use
or
assistanother
in
using
medicalmarijuana.
The
United
States
Department
of
Justice
has
made
the
wise
decision
not
to
usefederal
resources
to
prosecuteseriously
ill
patients
who
use
medical
marijuana.
4’
 
April
29,
2011
Page
2
However,
the
sections
in
Part
VI,
Part
VII,
and
PartVIII
of
EngrossedSecond
Substitute
Senate
Bill
5073
woulddirect
employees
of
thestate
departments
of
Health
and
Agriculture
to
authorize
and
license
commercial
businesses
thatproduce,processor
dispense
cannabis.
These
sectionswouldopenpublic
employees
to
federalprosecution,and
theUnited
States
Attorneys
have
made
it
clearthat
state
law
would
not
provide
theseindividuals
safe
harbor
fromfederalprosecution.No
state
employee
should
be
required
to
violate
federal
criminal
law
in
order
to
fulfilldutiesunder
state
law.
For
thesereasons,
I
havevetoedSections601,
602,603,
604,605,
606,607,
608,609,610,611,701,702,703,704,705,
801,802,
803,804,
805,
806
and
807
of
Engrossed
Second
SubstituteSenate
Bill
5073.
In
addition,thereare
a
number
of
sections
of
Engrossed
Second
SubstituteSenate
Bill5073
that
are
associatedwith
or
dependentupon
theselicensing
sections.
Section
201
setsforthdefinitions
of
terms.Section
412adds
protections
for
licensed
producers,processors
anddispensers.Section
901
requires
the
Department
of
Health
to
develop
a
secure
registration
system
for
licensedproducers,
processors
and
dispensers.
Section
1104
wouldrequire
a
review
of
the
necessity
of
the
cannabis
production
anddispensing
system
if
thefederal
government
were
to
authorizethe
use
of
cannabisfor
medicalpurposes.
Section
1201
applies
to
dispensaries
in
currentoperation
in
the
interimbefore
licensure,
and
Section
1202
exempts
documents
filed
underSection
1201
from
disclosure.
Section
1203
requires
the
department
of
health
to
report
certaininformationrelated
to
implementation
of
the
vetoed
sections.
Because
I
have
vetoed
the
licensingprovisions,
I
havealso
vetoed
Sections
201,
412,901,
1104,1201,
1202
and
1203
of
Engrossed
SecondSubstituteSenate
Bill5073.
Section
410
would
requireowners
of
housing
to
allow
the
use
of
medical
cannabis
ontheir
property,putting
them
in
potential
conflict
with
federal
law.Forthisreason,
I
have
vetoedSection
410
of
Engrossed
Second
Substitute
SenateBill
5073.Section
407
would
permit
a
nonresident
to
engage
in
the
medical
use
of
cannabisusing
documentation
or
authorization
issued
underother
state
or
territorial
laws.
This
section
would
notrequirethese
other
state
or
territorial
laws
to
meet
thesamestandards
for
health
care
professional
authorization
as
required
by
Washington
law.
For
thisreason,
I
have
vetoedSection
407
of
EngrossedSecondSubstituteSenate
Bill5073.
Section
411
wouldprovide
that
a
court
may
permitthe
medical
use
of
cannabis
by
an
offender,
andexclude
it
asa
ground
for
findingthat
the
offender
has
violated
the
conditions
or
requirements
of
thesentence,
deferred
prosecution,
stipulated
order
of
continuance.
deterred
disposition
or
dispositionalorder.The
correction
agency
or
departmentresponsible
forthe
person’ssupervision
isJn
the
bestposition
to
evaluate
an
individual’s
circumstances
and
medical
use
of
cannabis.
For
this
reason,
I
havevetoed
Section
411
of
EngrossedSecondSubstituteSenate
Bill5073.

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