Washington State Updates Medical Cannabis Law

From CannabisMD.org comes this excerpt from SB 6032 – a bill to clarify some ambiguity in the existing Medical Marijuana law. A situation i’ve followed closely for many years while sabres rattle and protestors get rained on – endless debates and rallies with painfully slow progress.

I recall a rally on the Capitol steps in 1996/7 when the momentun and public opinion suggested that we were on the brink of some major freedoms in this erstwhile campaign. I was filming The HempenRoad and Dennis Peron was fresh off big victory in California (where is he now?) and Ralph Seely was fighting tough as cancer ravaged his body. Robert Lunday was there youthful and focused (pause). So much energy for such a simple and harmless treatment. There is simply not a toxic level to this plant (trust me, i would’ve found it by now).

As a dude with chronic GI tract problems and dozens of doctor’s visits (homeopathic, acupuncuture, chinese herbs, allopathic, specialists galore) as a result, i reckon i qualify in the expanded list of “acceptable ailments.” Also noteworthy is the police not being liable for not seizing stash so not more of that “i was just following orders” excuse and doctors and caregivers being specifcally removed from hassles – i am not so naive to think that this will be a smooth ride but (some of) the compassion clinics in California show it can be done discretely and honestly and legally.

Alas, workplaces are not required to provide a place for patients to use thier herb but i know a few Washington businesses which already do ;-).

Excerpts follow:


May 8, 2007, Washington Governor Christine Gregoire signed Senate Bill 6032, an amendment to The Medical Use of Marijuana Act of 1998, originally filed by Dr. Rob Killian, (back row in white shirt) physician of Martin Martinez, (far right) the Seattle man who claimed “medical necessity” at trial in 1996 and 1997.

More photos here
News articles here
Support letters here

MEDICAL MARIJUANA IN WASHINGTON STATE

Excerpts from SB 6032:

Sec. 1. The legislature intends to clarify the law on medical marijuana so that the lawful use of this substance is not impaired and medical practitioners are able to exercise their best professional judgment in the delivery of medical treatment, qualifying patients may fully participate in the medical use of marijuana, and designated providers may assist patients in the manner provided by this act without fear of criminal prosecution. This act is also intended to provide clarification to law enforcement and to all participants in the judicial system.

Sec. 2. The people of Washington State find that some patients with terminal or debilitating illnesses, under their physician’s care, may benefit from the medical use of marijuana. Qualifying patients with terminal or debilitating illnesses who, in the judgment of their physician, may benefit from the medical use of marijuana, shall not be found guilty of a crime under state law for their possession and limited use of marijuana;
Persons who act as designated providers to such patients shall also not be found guilty of a crime under state law for assisting with the medical use of marijuana; and
Physicians shall also be excepted from liability and prosecution for the authorization of marijuana use to qualifying patients for whom, in the physician’s professional judgment, medical marijuana may prove beneficial.

Legal use of medical marijuana:

Terminal or debilitating medical conditions that qualify for the use of medical marijuana include: cancer, HIV, MS epilepsy, intractable pain unrelieved by standard treatments, Glaucoma unrelieved by standard treatments, Crohn’s disease unrelieved by standard treatments, Hepatitis C unrelieved by standard treatments, anorexia, and diseases with symptoms of wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when those symptoms are unrelieved by standard treatments.

Licensed physicians shall be excepted from the state’s criminal laws and shall not be penalized in any manner, or denied any right or privilege, for advising a qualifying patient about the risks and benefits of medical marijuana or that the qualifying patient may benefit from the use of medical marijuana, or for providing a qualifying patient with valid documentation that the medical use of marijuana may benefit that patient.

A qualifying patient is a person who has been diagnosed with a terminal or debilitating medical condition by a licensed physician who has advised them on risks and benefits and recommended that he or she may benefit by the use of medical marijuana. A qualifying patient must possess valid documentation. Valid documentation includes a copy of a document signed by the physician, or a copy of the patient’s pertinent medical records stating that, in the physician’s professional opinion, the patient may benefit from the medical use of marijuana. The patient must also possess proof of identity such as a Washington state driver’s license or identicard.

A designated provider is a person who is at least 18 years of age and who has been designated to possess medical marijuana in writing by a qualified patient, and must also possess a Washington state driver.s license or identicard. A designated provider may not consume the marijuana he or she may possess for the use of the qualified patient, and must be “the designated provider to only one patient at any one time.”

A qualified patient or designated provider must present valid documentation to police upon demand, and must possess no more marijuana than necessary for the patient’s personal medical use, not exceeding the amount necessary for a sixty-day period. When an officer determines that a patient or designated provider qualifies under this chapter the officers may document the amount in possession, and they may take a relative sample for testing, “but not seize the marijuana”. Law enforcement officers cannot be held liable for failure to seize medical marijuana.

A qualifying patient under 18 years of age may engage in the medical use of marijuana with a doctor’s recommendation, however, production, acquisition, and dosage determinations shall be the responsibility of that patient’s parent or legal guardian.

If charged with a violation of state law relating to marijuana, a qualifying patient or a designated provider who assists a qualifying patient in the medical use of marijuana will have established an affirmative defense to such charges by proof of compliance with the requirements of this chapter.

Limitations:

It is a misdemeanor to use or display medical marijuana in a manner or place open to the view of the general public.

A health insurance provider cannot be held liable for claims of reimbursement for the medical use of marijuana.

A physician is not required to authorize the medical use of marijuana for a patient afflicted with a terminal or debilitating condition.

Places of employment, educational centers, correctional facilities, and other public places are not required to provide on-site accommodations for qualifying patients to use medical marijuana.

It is a class C felony to fraudulently produce any record purporting to be, or to tamper with the content of any record for the purpose of having it accepted as valid documentation.

The affirmative defense shall be denied to any person engaged in the medical use of marijuana in a way that endangers the health or well-being of any person through the operation of a motorized vehicle on a street, road, or highway.

Determinations:

The Medical Quality Assurance Commission in consultation with the Board of Osteopathic Medicine and Surgery, or other appropriate agency as designated by the governor, shall accept for consideration petitions submitted to add terminal or debilitating conditions to those currently included in this chapter. Consideration of additional medical conditions shall include public notice and a public hearing upon such petitions. Final determinations may be subject to judicial appeal.

The Department of Health shall adopt rules defining the quantity of marijuana that could reasonably be presumed to be a sixty day supply for qualifying patients. This presumptive determination may be overcome with evidence of a qualifying patient’s necessary medical use. The Department of Health shall make a good faith effort to include all stakeholders identified in the rule-making analysis.

The Department of Health shall gather information from medical and scientific literature, from consulting with experts and the public and by reviewing the best practices of other states regarding access to an adequate, safe, consistent, and secure source, including alternate distribution systems, of medical marijuana for qualifying patients.

The Department of Health shall report these findings to the state Legislature by July 1st, 2008.

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White Poppies for Remembrance rolls on with HD Thoreau and Gord Downie + more tasty tunes

Thanks to some new found energy resultant from some very agressive acupuncture (fortified with electrical stimulation), I rallied out another (part 6) of the White Poppies peace and war series on Postcards from Gravelly Beach (my spoken word literature podcast – Feed – iTunes).  Really enjoying crafting these and still have at least 3 maybe 5 more to go in this series – then maybe move onto the trees and logging conundrums in Calyoquot sound series (featuring lots of Gary Snyder and other essays).  Anyhow, in case you are a non-violence advocate and literature enthusiast, check out my wee programme.

Awakening to the Dawn of Potential – Postcard #45

This one continues with me at the mostly empty Victory Park on the 3 day Remembrance Day weekend last November discussing human value and potential and perception with a poem by Gord Downie (hear Gord’s day job in “Hip Night in Vancouver – Choogle on #31) from “Coke Machine Glow” and two stirring excerpts from Henry David Thoreau’s classic “Walden” plus a “Declaration” from my original Letters from Russia project (read in a hospital room in Logan, Utah).  Salty and missing sea captian Chris Jacobsen sings “Providence” and Rock Plaza Central sing “Children be Joyful” and me and Miss Sena lay down some percussion-scape from Steamboat Island to jam along with the city bus brakes and heavy thoughts.

REM recording in Vancouver

REM Begins Recording in Vancouver

from R.E.M.hq via Heading to Vancouver

I have many things to mention about this …:

1) Story about meeting REM (fairgrounds SLC, UT circa 1985/6, Guadacanal Diary opening) – Buck and Mills were real friendly to a young sprout like me

2) Story about meeting EKap and explaining about REM’s album Fables of the Reconstruction before i realized he was tight with the band

3) Story about telling EKap i saw REM 6 times before Green tour (in 4 time zones to boot) most of which before he was out of elementary school (grizzled am i)

4) Discourse on the transitions of Vancouver as a recording hotspot for various genres (cheesepop, punk, metal, and most recently REM and Police)

5) Commentary about REM’s role in music these days (no Bill Berry, why do they still work so hard?, what is their legacy? (and i don’t mean all the hall of fame sh!t) are they really more important that U2? as i always argued with Corey Demille about in 10th grade)

6) Ponder what happened to my sweet 4-colour-bleed tour book about pondering perpetual motion from (which?) tour (no doubt lost with so much other misc rcok stuff)

7) Reminise about first buying “Murmur” at a record store in Bellingham and rewinding Radio Free Europe a dozen times before moving on to the next tracks (on cassette)

8) Happy memories on “Perfect Circle” as a stealth song for smoothing the ladies (before released much later and some lame band hi-jacked the name making things confusing)

9) Stories of Peter Buck’s other bands and projects i caught or listened to + his wife’s ownership of the Croc Cafe in Seattle (scene of much fun)

10) Recalling buying Dead Letter Office (along with Stewart Copeland’s Rumblefish Soundtrack) on vinyl in Toronto and flying them home with some damage to SLC (Still my fave REM album though Reckoning and Fables are perenial faves too)

11) Rambling about the disconnect i felt with the band when they chezed out with the Shiny Happy Radio Song pablum (but i’m mostly over it now) – shoot not even sure what happened on their last few albums … anyone wanna lend me a copy?

But since i am toiling away, i will just say the REM are recording somewhere in Vancouver – nothing more. 

(photo above uncredited – assumed to be Kaplan’s like this one)

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Awakening to the Dawn of Potential – Postcard #45

Pod cover - Postcards from Gravelly Beach - Awakening Dawn Potential

Part 6 of the “White Poppies for Remembrance” series considers the opportunity cost of the lost human potential while at the Victory cenotaph in downtown Vancouver – along the way, troubadours sing about Providence, Joyful(ness) along with spontaneous percussion-scapes and city bus brakes.

DaveO examines the value of life with Gord Downie‘s swift deconstructions of existence from Coke Machine Glow, Henry David Thoreau‘s visionary stories of perseverance and the value of the mindfulness from Walden and a personal declaration of sovereignty and dignity from original Letters from Russia read in hospital to ole gramps.

Awake ye, awake for: “Awakening to the Dawn of Potential – Postcard #45” (17:51, 128k mp3, 25MB)

Continue reading Awakening to the Dawn of Potential – Postcard #45

Oly’s Last Word Books kicking down the rare goods

Wise book enthusiasts are advised to visit Last Word Books in OlyWa. Check the tasty stash including the thick stack from the legendary counter-culture publisher Loompanics plus Evergreen College library books – cheap out the backdoor. The rag-tag group is even MySpaced and erstswhile curators of the Oly Zine Library and un-secretly Pirates and Honky Tonk Dragons .

Last Word Books – and their stablemate Rec the Place Fantastic Records – are worker owned collectives specializing in hard to find media of all sorts and providing a comfortable and welcoming space for the free exchange of ideas and they are a Zhonka Surfbreak location – kicking down the free wi-fi for the people! What’s more, they tend the Uncle Weed collection of cannabis related books and magazines for professional use only).  Here’s a map to Last Word Books in downtown Olympia.  To get to Olympia better, be sure to examine the Oly Poster Project & listen to the Clubside Breakfast Time podcast

LWB is a frequent stop for me whenst sojourned in Wa’s capitol city – where everyone brings a half dozen friends to college with them and stay on to starta rock band or non-profit group (well not all, some start worker’s owned collectives).

Here’s what Evergreen had to say about LWB:

Last Word Books emerged from the storefronts of downtown Oly on May 2002, opened by four ambitious then-sophomore Evergreen students. Six Greeners and alumni now run this cooperative. All but 2 percent of the books are used; even the new ones make use of recycled material. The inspiration for this used-book store came from co-owner Sky Cosby, whose father owns Walla Walla’s Earth Light.

Sky Cosy LWB David at LWB
Photos by Cynthia Miller

Asking SOCAN whassup with Podcasts

Thank You, Below is the information that you submitted to SOCAN. Thank you for your inquiry. We will get back to you shortly.

The SOCAN offices are closed from noon on December 23, 2005 until 9 a.m. on January 3, 2006. Your e-mail will be processed once the offices have been re-opened. We apologize for any inconvenience. Season’s Greetings from SOCAN!

–> First Name: Dave
Last Name: Olson
Email: dave@olsonboys.org
City: North Vancouver
Province: BC
Comment: I produce original spoken word audio podcasts and am considering adding music. With some music i use, the artist has provided direct permission however I am interested to find out how I can play SOCAN licensed artists on my podcast. The shows are free (i do not make any money from ads or otherwise) and the audience less than 1000 listeners. I look forward to your advice. dave

Good afternoon Dave,

As Socan does not yet collect licenses and distribute royalties for Internet performances, there is no fee to be paid to Socan.

However, you must seek permission directly from the author(s)/composer(s)/publisher

(s) to use the works. I also recommend that you contact the Canadian Musical Reproduction Rights Agency (CMRRA) as they may be collecting a fee for Internet performances.

CMRRA: (416) 926-1966 or website www.cmrra.ca

I hope this helps.

Sincerely,

Sophie Buonvino Hart
Information Officer/Agente d’information
buonvinoharts@socan.ca
1-866-307-6226 (Eng)
1-866-317-6226 (Fran)
www.socan.ca

Lt. Magnum boarding the USS Peleliu (named for my fave island) bound for Philippines

For 12 weeks this summer, an Amphib Ship, the USS Peleliu (http://www.peleliu.navy.mil/), loaded with Seabees (http://www.seabee.navy.mil/) will make 5 port calls in SE Asia of ~2 weeks each and perform humanitarian construction projects.

They had a call out for Civil Engineer Lieutenants to be liaisons at each of the locations. I volunteered and got selected to spend 16 May – 19 Jul in Manila, Philippines. I will work out of the US Embassy and make trips out to the two project locations in southern islands of the Philippines, closer to Malaysia than Manila. The locations are Tawi Tawi and Cotabato. I already found an aerial picture of Tawi Tawi and it looks like a fabulous tropical island.

 

Longboard Hockey League’s Chanley Cup Championship on the Sunshine Coast

As part of the Attack of Danger Bay longboard fest, the undefeated Chilliwack(ed) Meatheads will take on a All-Star team of LHL’ers including some of them ornrey looking dudes from North Shore Slashers. 

There is also a downhill race on Saturday and a slide comp on Saturday 8AM.  If you are in Vancouver, book a ferry ride and check it out – oh yeah, there is a parade too.  Who will hoist the Chanley Cup?  My money’s on King Brian.

Coast Longboarding says:

THIS YEARS LHL ALL-STARS ARE DETICATED LHL PLAYERS THAT TOP THE LEAUGE IN SCORING AND GAMES ATTENDED!!
HOODIE,
FENCE, WOLFMAN, GUFF, STRIKER, MEATBALL, STUMANCHU, STEVE LANG, SHADOW,
AND BLOOD GOAT… WILL TRY TO STOP THE POWER HOUSE MEATHEADS!!! THEY
ARE 10 WINS AND NO LOSES!!! CAN THE LHL ALL-STARS TAKE THEM?? COME OUT
TO WATCH THIS GAME SATURDAY MAY 19TH IN PENDER HARBOUR!!!

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Rick Steves – Europhile and travel-activist kicking down the tolerance

I am a huge fan of travel guru and noted nice guy, Rick Steves. He started with great books (Europe Through the Back Door) after traveling around Europe working as a piano tuner. Now, he’s all over PBS TV and Radio and his radio shows are now podcasted. He is totally in me “hero file.” Not only did build a kind and gracious empire promoting travel, good times and friendship from Edmonds, WA but he is also an outspoken and noble endorser of cannabis use and tolerance and chillaxing in general. He is now a member of the Norml advisory board and his ‘regular American dorky dad’ persona is just what ‘regualr dorky Americans’ need to see to push the cannabis bogey man image out of their minds.

I could go on and on but i was eager to let you know that his podcasts are getting better and better and these two (along with one about Prague i listened to this morning) are great examples. Not just ‘which hotel to stay in’ but real global/local minded discourse on the thoughts and customs which make us humans rather intriguing. The contrast (fairly unintentional) between Netherland’s noble aloofness and the cubicle-bound American makes for great listening and his recounting of the Road to Santiago is a treat with behind the scenes thoughts about ‘why’ along with the ‘wheres and hows.’

Anyhow, here are a few links to smoke errr. digest:Rick on Amsterdam’s Coffeeshops

Decriminalization of Marijuana

Europe Through an Open Door (interview)

Among the groups that Steves, a Christian who’s active in the Lutheran Church, supports are Bread for the World, Greenpeace, and NORML, which advocates the decriminalization of marijuana. His trips to Holland, he says, have shown him there are more compassionate and sane policies for managing marijuana use and prostitution.

Rick on Social Activism

So subscribe to Rick’s podcast ye mateys and/or grab a couple of samples below.

Dutch Tolerance and The Overworked American Airdate: April 28, 2007

Rick chats with tour guide Ton Van Garderen from The Netherlands about how Amsterdam makes its “live and let live” libertine policies work andwhat’s behind the Dutch reputation for being “tolerant.”

We’llalso assess the state of the overworked American with author and documentary producer John DeGraff to see how we can reclaim some of the time we never seem to have enough of.

Additional Links:

John Degraff’s website: www.timeday.org

Pilgrimage on El Camino de Santiago in Spain, Tourism in Iran

Airdate: March 31, 2007

We learn about El Camino de Santiago de Compostela from a man who takes tourists on updated versions of this medieval pilgrimage route and catch up with a Lonely Planet Iran researcher who finds that, despite the country’s heavy-handed rulers, the Iranian people are some of the most welcoming you’ll find anywhere. Plus we have a new round of listeners’ travel haiku to share.

Additional Links:

Note: I am fascinated by the Camino de Santiago where pilgrims walk for thousands of miles to get near the (alleged) bones of St. James as we learned arriving their the day the Pope JP2 died. The next day were impromptu parades and masses at the giant cathedral (my first Catholic mass too). I did a wee bit of writing a few painting too – maybe i’ll finish them sometime – here’s a photo in the meantime.

Rick Steves Europe: Travel with Rick Steves: Program Archives

Project library of poetry, podcasts, arts n' crafts, community sparking, + wandering and wondering elsewhere