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Saturday, October 4, 2008

State rule clarifies 60-day supply of medical marijuana

A new rule determining how much pot constitutes a 60-day supply for medical-marijuana users was finalized on Thursday, a decade after Washington voters passed an initiative legalizing marijuana for people suffering from terminal and debilitating illnesses.

The new state rule, which goes into effect Nov. 2, sets the supply limit at 24 ounces of usable marijuana plus 15 plants. Those who need more marijuana to manage their pain will have to prove they need it — though how they would do that remains unclear.

While the new, 60-day-supply rule is meant to clarify the law and help police officers determine legitimate amounts, medical-marijuana advocates say the amounts are unreasonable — especially the 15-plant limit — and put patients at risk of criminal prosecution.

In King County, though, that's not going to happen, said Prosecuting Attorney Dan Satterberg, who has met with local law-enforcement officials and created an office policy that looks upon medical-marijuana cases "with a very lenient eye."

"Having this rule, having some amount ... is helpful, but it's not the end of the analysis," Satterberg said. "If you're in King County and you're dying of cancer, we're not going to prosecute you if you have 15 plants or 30. If somebody is legitimately ill, we're not going to prosecute that case, period."

In 1998, Initiative 692 legalized marijuana for medical purposes. Passed by 59 percent of Washington voters, the initiative said patients with valid certification from their doctors could possess a 60-day supply — but never said how much pot that was. The confusion and uncertainty led to conflict between police and patients. [Mark Godsey]

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