Monday, April 5, 2010

NEW LAW CHANGES WHO CAN PRESCRIBE MEDICAL MARIJUANA

Up until now, only a doctor could prescribe medical marijuana to a patient in Washington. That will soon change as Governor Gregoire just signed SB 5798 into law on Thursday, April 1. The new law amends Washington medical marijuana statutes RCW 69.51A.005, 69.51A.010, 69.51A.030, and 69.51A.060.

Under current Washington law, a "qualified patient" who is suffering from a terminal or debilitating illness is allowed to possess and use marijuana and is immune from criminal prosecution. Current law says that to be considered a "qualified patient", the patient must be a patient of a licensed physician, been diagnosed by the physician as having a terminal or debilitating medical condition, has been advised by the physician about the risks and benefits of using medical marijuana, and have a signed statement from a licensed physician that the patient may benefit from the medical use of marijuana.

SB 5798 sets forth the definition of the term "health care professional" for the purpose of medical marijuana laws and replaces the word "physician" in the current laws with "health care professional." SB5798 says that "health care professional" includes a licensed physician, a licensed physician assistant, licensed osteopathic physician, licensed osteopathic physicians' assistant, or licensed advanced registered nurse.

Under the new law, any of the above health care professionals may diagnose, advise, and prescribe medical marijuana to patients under their care. The new law will take effect on June 10, 2010.