UPDATE: Washington defines medical marijuana limits

On October 2, the Department of Health adopted a rule defining a 60-day supply of medical marijuana as 24 ounces of usable marijuana (stems, stalks, seeds, and roots excluded) and 15 plants at any stage of growth. The new rule takes effect November 2, 2008.

This recent development comes on the heels of over a decade of confusion and problems between patients and law enforcement regarding how much medical marijuana a patient can legally possess. Until now, different law enforcement agencies have arbitrarily imposed different limits throughout the state without input from patients, physicians, or horticulturists.

Twenty-four ounces and 15 plants are a presumptive limit and represent the total combined amount of marijuana that a patient and her designated provider can possess, which could prove to be problematic given Washington's current 1:1 patient/designated provider ratio. However, this presumptive limit can be "overcome with evidence of a qualifying patient's necessary medical use."

As you may recall, the department initially recommended 35 ounces and a 100-square-foot canopy, however, Gov. Christine Gregoire (D) claimed that law enforcement was underrepresented during the rulemaking process and pressured the department to reconsider. Although the department held four public hearings, and law enforcement did in fact comment — with the DEA even showing up at one point — the department acquiesced and came back with a recommendation of 24 ounces and 24 plants (defined as six mature plants and 18 seedlings). Patient advocates lobbied for 71 ounces and 99 plants, or, in the alternative, 71 ounces and a 100-square-foot canopy — numbers supported by MPP, experts, scientific research, and calculations based on the amount of medical marijuana the federal government currently provides its patients.

While the numbers adopted by the department last week will be insufficient for many patients, the ability to show a need for more, as well of the removal of the mature/immature distinction, are welcomed improvements.

Thank you for supporting the Marijuana Policy Project and all of our allies. If you have questions about the 60-day supply issue or marijuana policy reform in Washington, please contact MPP legislative analyst Nathan Miller at NMiller@mpp.org for more information.