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wa state marijuana growing laws

Washington Marijuana Laws

Currently, both medical and recreational marijuana is legal in Washington. As the second state to legalize recreational marijuana, Washington is a hot-spot for cannabis tourism.

Purchasing Marijuana in Washington

Anyone over the age of 21 with a valid ID from any US State (or international passport) can legally purchase marijuana in Washington State, although some local jurisdictions have banned dispensaries within their city limits.

Purchases include both cannabis and cannabis-infused products along with paraphernalia such as pipes, lighters and papers, making most recreational marijuana dispensaries a one-stop smoke shop. When it is time to light up, however, make sure you’re not anywhere near a school, park or public transportation, otherwise you could be subject to a fine.

Purchasing & Possession Limits

Customers can purchase up to one ounce of cannabis flower at a time.The limit for concentrates is seven grams; for edibles it is 16 ounces; and for liquids it is 72 ounces. This is also the limit you can have on your person at any time. If you have any more than this, it’s possible the law will see this as “intent to distribute” and impose jail time or a fine.

Medical marijuana patients, however, have higher possession limits. All cardholders in the state may possess up to three ounces of usable marijuana, forty-eight ounces of marijuana-infused product in solid form, two hundred sixteen ounces of marijuana-infused product in liquid form or, twenty-one grams of marijuana concentrate.

Patients who cultivate their own cannabis are also allowed to possess higher amounts, but only if the cannabis is from their own crop. For the standard 6 plants all medical cardholders are allowed to grow, a patient may possess up to eight ounces of personally cultivated usable marijuana. Those with extended plant counts (up to 15), may possess up to 16 oz (1lb) of useable marijuana. Where to Buy

Delivery

Cannabis delivery of any kind is not allowed in Washington state.

Qualifying Conditions for Medical Marijuana

Washington state’s medical marijuana program is separate and distinct from adult-use regulations. The program allows for different pricing and possession for patients with debilitating or terminal illnesses. The qualifying conditions for the state’s program are:

  • Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders.
  • Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications.
  • Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications.
  • Crohn’s disease with debilitating symptoms unrelieved by standard treatments or medications.
  • Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications.
  • Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications.
  • Chronic renal failure requiring hemodialysis.
  • Post-traumatic stress disorder.
  • Traumatic brain injury.

More information about qualifying conditions can be found on Washington State Department of Health’s website. Get Your Card

Consumption Laws

When it comes to smoking marijuana or consuming cannabis products, it’s against the law to light up in any public place. This means that you can’t smoke a joint on the sidewalk, in a state or federal park, or in any other public place, including private property if it’s close enough to a public space where people can smell the smoke. The best places for consumers to light up are in private homes, medical marijuana collective social clubs, or at marijuana friendly hotels. Remember, discretion is key!

Driving Under the Influence of Marijuana

To be considered driving under the influence of marijuana, you’ll need to have at least five nanograms per milliliter of THC in your bloodstream. As a driver in Washington, you automatically give your consent for drug testing if you’re arrested. However if you refuse the test, you can still face fines and jail time. Bottom line? Avoid smoking and driving to stay on the right side of the law.

Traveling With or Transporting Marijuana

Transporting marijuana from state to state is illegal, whether crossing state lines in a car or sending a package of marijuana products in the mail. Consumers need to be aware that if a package containing marijuana is mailed, both the send and the receiver can face prosecution from both states.The consequences of breaking these laws could result in fines and up to five years in prison, depending on the amount.

Cultivation of Marijuana

Neither dispensaries, processors, nor private growers are allowed to grow their own marijuana without looking at a hefty fine of up to $10,000 and five years behind bars, regardless of whether or not there is intent to sell.

In fact, the only businesses that are strictly regulated to cultivate marijuana in Washington are licensed grow facilities, who deliver the product to dispensaries after harvest.

Medical marijuana patients, however, can grow their own cannabis. All cardholding patients may cultivate up to 6 plants, and those that get special dispensation from their doctor may grow up to 15 plants. Those that cultivate their own crop will have increased possession limits as well (8oz and 16 oz respectively). Learn to Grow

Consumption by Minors

There’s no way around it. To purchase or smoke marijuana in Washington, you need to be at least 21 years of age or older. If a minor is caught consuming marijuana, they could incur fines, suspension of a driver’s license, and even drug rehab. In fact, minors are not even allowed inside a marijuana dispensary in Washington. Having said this, minors with medical issues can receive a medical marijuana prescription from their doctor.

Legal information about medical and recreational marijuana laws in Washington, including Seattle, Spokane and Tacoma.

Home Grow Regulatory Options

Sec. 24. (1) The state liquor and cannabis board must conduct a study of regulatory options for the legalization of marijuana plant possession and cultivation by recreational marijuana users. In conducting the study, the state liquor and cannabis board must consider the federal guidelines provided by the Cole memorandum, issued by the United States department of justice on August 29, 2013, which allows individual states to implement marijuana legalization policies, provided such states enact strong and effective regulatory and enforcement systems that address public safety, public health, and law enforcement concerns as outlined in the memorandum.

(2) Not later than December 1, 2017, the state liquor and cannabis board must provide the appropriate committees of the legislature written findings and recommendations regarding the adoption and implementation of a regulatory and enforcement system for the legalization of marijuana plant possession and cultivation by recreational marijuana users, in light of the guidelines set forth in the federal Cole memorandum.

(3) The study, findings, and recommendations required under this section must be done through the use of the existing resources of the state liquor and cannabis board.

Home Grow Regulatory Options

1. Strictly Regulated Recreational Home Grows

  • Allow recreational home grows under a strict state regulatory framework that requires a permit and tracking of plants throughout the state, with enforcement jurisdiction shared between the WSLCB and local authorities.
  • Absent a permit, growing marijuana for any purpose is illegal.
  • Require tracking of all plants in the traceability system to help prevent diversion.
  • Limit of no more than 4 plants per household.
  • Include a statutory provision that allows law enforcement to seize and destroy all plants possessed by a person if the person has more plants than the law allows.
  • Include a statutory provision to allow recreational growers to acquire plants from licensed producers so long as the person possesses a valid permit.
  • Include requirements for security, preventing youth access, preventing diversion, etc.
  • Include the same restrictions that apply to medical marijuana patients on processing marijuana in recreational home grows (no extraction with combustible materials. See WAC 314-55-430).

2. State Framework, Local Authority Recreational Home Grows

  • Allow recreational home grows under a regulatory framework based on statewide standards set in statute, but authorized, controlled, and enforced by local jurisdictions (counties, cities).
  • Include statutory requirements for security, preventing youth access, preventing diversion, etc. (Cole Memo).
  • Require a permit to possess plants. Absent a permit, growing marijuana for any purpose is illegal.
  • Limit of no more than 4 plants per household.
  • Include a statutory provision to allow recreational growers to acquire plants from licensed producers so long as the person possesses a valid permit.
  • Include a statutory provision that allows law enforcement to seize and destroy all plants possessed by a person if the person has more plants than the law allows.
  • Include the same restrictions that apply to medical marijuana patients on processing marijuana in recreational home grows (no extraction with combustible materials. See WAC 314-55-430).
  • The Legislature may choose to allow local jurisdictions to “opt-in” for or “opt-out” of allowing recreational home grows, similar to the approach the Legislature took with marijuana licenses and registered medical marijuana patient cooperative grows.

3. Prohibit Recreational Home Grows.

  • Do not allow recreational home grows. Maintain current status.
  • A regulated market is in place and widely available throughout the state.
  • Home grows for medical purposes, including cooperatives, are currently allowed under state law.
  • Allowing recreational home grows may provide a cover for the illicit market. This has been seen in other states that permit home grows for both medical and recreational purposes.
  • Recreational home grows may contribute to diversion, youth access, etc., primary considerations under the guidelines set in the Cole Memo.
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