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Reputation: 550

Is it legal for Seattleites with glaucoma to use medicinal marijuana?

I've heard that because medical marijuana is illegal federally that there are still some risks to using it to alleviate symptoms of chronic disease. Is someone with glaucoma better off moving to British Columbia if s/he wants to use medical marijuana without risking federal crime penalties? What legal protections exist in the State of Washington for glaucoma sufferers who use medical marijuana under doctor's supervision?

3 Answers

  • N738955164_2132_small
    Reputation: 6

    Both the CDC and Alison's answers are correct. I can only add that President Obama's decision not to use federal law enforcement resources to arrest and prosecute American citizens over medical marijuana "crimes" where their states' laws differ from federal laws (and misinterpretations of the commerce clause by the feds) has been one of the biggest socio-cultural breaths of fresh air that I have felt in my entire life. I hope the Obama Administration will take a similar stance with outright marijuana legalization on a state level. There is the very real possibility that California, Oregon and Washington could all legalize marijuana this November and that would deal a very serious blow to federal prohibition of marijuana and could easily set up other Western states to go legal via the initiative process in the near future.

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  • Cdc_logo_color_smaller_border
    Reputation: 39

    The only legal protections that exist in Washington state for a glaucoma patient using medical marijuana under a doctor's supervision are contained in RCW 69.51A.040, section 2:

    (2) If charged with a violation of state law relating to marijuana, any qualifying patient who is engaged in the medical use of marijuana, or any designated provider who assists a qualifying patient in the medical use of marijuana, will be deemed to have established an affirmative defense to such charges by proof of his or her compliance with the requirements provided in this chapter. Any person meeting the requirements appropriate to his or her status under this chapter shall be considered to have engaged in activities permitted by this chapter and shall not be penalized in any manner, or denied any right or privilege, for such actions.

    And "affirmative defense," which is one's medical marijuana legal protection in this state, means you can go to court and tell the jury that you were guilty, but you had a good reason to be so. If they agree, you won't be found guilty of the crime to which you are admitting.

    Beyond legal protections, one also has the "local reality" in Seattle, which is that marijuana arrests and prosecutions dropped after city voters passed Initiative 75 in 2003. And those numbers are trending downward now that our anti-pot city attorney has been replaced with a city attorney unwilling to ignore the will of his voters.

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  • Sb_5516_press_conference_small
    Reputation: 68

    Marijuana use for any purpose remains illegal under federal law. Fortunately, over 99 percent of marijuana law enforcement is conducted by state and local law enforcement, and last October, the U.S. Dept. of Justice issued a written policy directing that federal resources should not be expended on investigating or prosecuting individuals in "clear compliance" with state medical marijuana laws.

    The Washington State Medical Use of Marijuana Act provides qualifying patients with an affirmative defense they can raise at trial. Patients and providers can still be arrested and prosecuted. However, both the King County Prosecuting Attorney's Office and the Seattle Police Department have good records of not wasting law enforcement resources on patients and providers clearly operating within the spirit of the law.

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