Thursday, August 20, 2015

Boycott SB-5052: The law says you can buy 3 oz, but retail stores can only sell you 1 oz.

SB-5052 says patients that get their state recognition card can purchase 3 times what a retail customer can. The problem is that it’s a felony for a retail store to sell you anything over an ounce of bud. Here is the updated section on what it is legal for a retail store to sell. It clearly states only one ounce. No other sections in SB-5052 nor in the companion tax bill HR-2136 changes how much stores can sell to medical patients. So, if you can’t buy more than a retail customer, why be in a database just to save 8% on sales tax? Remember, everybody pays the 37% excise tax.
Sec. 13. RCW 69.50.360 and 2014 c 192 s 5 are each amended to read as follows:The following acts, when performed by a validly licensed marijuana retailer or employee of a validly licensed retail outlet in compliance with rules adopted by the state liquor and cannabis board to implement and enforce chapter 3, Laws of 2013, shall not constitute criminal or civil offenses under Washington state law:...(3) Delivery, distribution, and sale, on the premises of the retail outlet, of any combination of the following amounts of marijuana concentrates, useable marijuana, or marijuana-infused product to any person twenty-one years of age or older:(a) One ounce of useable marijuana;(b) Sixteen ounces of marijuana-infused product in solid form;(c) Seventy-two ounces of marijuana-infused product in liquid form; or(d) Seven grams of marijuana concentrate.
Here is where SB-5052 clearly states that an authorized patient with a recognition card can obtain 3 times the amounts of a retail customer. If your doctor recommends more, you can grow and possess more, but you cannot buy more than the amounts listed below.

Section 19 (1) If the health care professional does not include recommendations on the qualifying patient's or designated provider's authorization, the marijuana retailer with a medical marijuana endorsement, when adding the qualifying patient or designated provider to the medical marijuana authorization database, shall enter into the database that the qualifying patient or designated provider may purchase or obtain at a retail outlet holding a medical marijuana endorsement a combination of the following: Forty-eight ounces of marijuana-infused product in solid form; three ounces of useable marijuana; two hundred sixteen ounces of marijuana-infused product in liquid form; or twenty-one grams of marijuana concentrates.

There you have it. SB-5052 says patients in the registry can buy 3 times what retail customers can, but I-502 retail stores can only sell I-502 retail amounts of marijuana. It looks like the recreational growers backing the Washington CannaBusiness Association shot themselves in the foot on this one. They just cut their potential profits from medical by 60%, and they made the Washington Legislature look like fools in the process.

I will cover HIPAA issues in a future post.

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