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growing medical marijuana in washington state

Growing medical marijuana in washington state

“What I often hear is conflation of large-scale illicit activity with what we are actually advocating for here, which is legalizing six-plant, noncommercial home gardens,” Kingsbury said.

Timothy Nadreau, a research economist at Washington State University, said he studied how allowing marijuana home growing would affect state revenue. He concluded that cannabis tax collections would most likely continue to increase if HB 1019 passed, in part because home growing could boost people’s interest in cannabis products.

Under Washington state law, qualified medical cannabis patients can already grow a limited amount of marijuana plants. But for nonpatients, growing marijuana at home is a class C felony, punishable by up to five years in prison, a fine of up to $10,000, or both.

She said many of the fears associated with allowing home growing — that it would fuel illegal activity, or create neighborhoods that constantly reek of weed — haven’t come to pass in other states.

“I don’t see this having a significant impact on the state budget,” said state Rep. Drew MacEwen, R-Union, who is co-sponsoring the measure.

Law enforcement officials still worry, however, that homegrown pot could be easily sold on the illicit market, or that backyard cannabis plants could prove an attractive target for thieves and burglars.

State Rep. Shelley Kloba, D-Kirkland, called Washington’s ban on home growing of cannabis “an antiquated policy.”

If a qualifying patient has not been entered into the medical marijuana authorization database, he/she may grow, in his or her domicile, up to 4 plants for the personal medical use of the qualifying patient and 6 possess up to six ounces of useable marijuana in his or her domicile.

No, but retail providers may also engage in the sale of medial cannabis.

Those entered in the state’s voluntary patient database may possess: 48 ounces of marijuana-infused product in solid form; 3 ounces of useable marijuana; 216 ounces of marijuana-infused product in liquid form; or 21 grams of marijuana concentrates.

STATE-LICENSED DISPENSARIES ALLOWED

Those entered in the state’s voluntary patient database may cultivate, in his or her domicile, up to 6 plants for the personal medical use and possess up to 8 ounces of useable marijuana produced from his or her plants. If the health care professional determines that the medical needs of a qualifying patient exceed the amounts provided, the health care professional may specify on the authorization that it is recommended that the patient be allowed to grow, in his or her domicile, up to 15 plants, yielding up to 16 ounces, of usable marijuana for the personal medical use of the patient. Qualified medical marijuana patients and designated providers may purchase immature plants, clones, or seeds from a licensed producer. In order to purchase plants or clones the patients and providers must hold a recognition card and be entered in the medical marijuana authorization database.

Yes, designated provider is a person who has been designated in writing by a patient to serve as a designated provider. The caregiver must be 21 years of age or older. The provider must also possess either authorization from the qualifying patient’s health care professional or has been entered into an authorized database. The provider must only provide cannabis to the expressed patient.

MEDICAL MARIJUANA STATUTES

All employees on licensed premises must hold and properly display an employer-issued ID badge at all times while at work.

Some counties and municipalities have permits just for the privilege of being a marijuana business. For example, the City of Kenmore charges $500 a year for their annual Marijuana Business License.

Yes, but only to other licensees for the purpose of negotiating a sale. All samples given away must be logged into the traceability database. You can only give away 4 grams per month to any one licensee.

We can serve as your Washington registered agent and receive all official mail and service of process, as well as keep you up to date on all that is required to keep your business entity active.

Traceability:

Yes, but you can only sample one gram of usable marijuana per month. The sampler must either be you or one of your employees. The sampling must be logged into the traceability database.

The marijuana producer license application is only a small addendum to the Master Business License application. Even if you’re not filling out the application (if you’re investing in or buying an existing marijuana business), you’ll still need to have some of the same key information readily available, including:

Primarily, you need to be sure your grow location is located at least 1000 feet from any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or game arcade that allows minors to enter. As of June 2015, counties and municipalities have the right to enact an ordinance reducing the 1000 ft buffer to a minimum of 100 ft (with the exception of elementary schools, secondary schools and playgrounds). Olympia Ordinance 7046, for example, reduces the buffer zone in the state capital to 500 feet.

What other permits does my marijuana business need?

If your business operates as a corporation, you will benefit from limited liability as well. The personal assets of shareholders who have purchased stock are usually only responsible for their own stock investments. The corporation, since it is considered its own separate business entity apart from shareholders and owners, is legally responsible for itself. Debts, etc. do not fall onto the shoulders of individuals, but rather onto the corporation as a whole, separate entity. A corporation’s corporate veil can also be pierced, so you need to take in the same considerations as with an LLC when deciding which entity is right for your cannabis business.

It’s not all bad news though—you can invest in or buy an already-licensed marijuana grow business. Over a thousand producer licenses have been issued in Washington to different types of businesses. Before investing in or buying a business, it’s important to understand and carefully consider the impact that a business’s entity type will have on your operations.