norml17 - Page 6
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The Act provided that the program would be administered by the
Board of Pharmacy (Department of Health) I5 and provided for the
appointment of a patient qualh_cafion review comr_ttee, which was to
include an ophthalmologist, oncologist (cancer speciafist), radiologist and
psychiatrist. The review corrL_rfittee was authorized to expand the program to
other disease groups upon being presented with pertinent data, and "after
approval for such participation has been granted pursuant m pertinent ruIes
promulgated by the United States drug enforcement agency, the food and
drug administration, and the national institute on drug abuse." 16 (Lower-case
usage is from the statute.) The statute provided for the use of marijuana
confiscated by local or state law enforcement agencies, after being analyzed
and determined to be free of impurities° 17 The iaw was amended in 1989, brat
primarily for °'housekeeping" reasons._
This would seem to be the answer to the problems of the afflicted who
need marijuana for medical reasons in this state, but that is not the case. For
reasons that defy explanation, the legislatmre killed the program in 1981 by
not funding it. It effectively died as of June of that year. 19
The law remains on the books, uvxepealed, even updated with
"housekeeping" items, yet the program simply does not exist.
This is particularly sad because the Act would have easily
accommodated the onslaught of AIDS patients who find relief from the drag,
without the need for further legislation. It seems that Ne Act was not only
broad-minded and insightful, but prescient. As the song says, only the good
die young.
B_ CASE LAW_
1977, Samuel Diana was arrested for possession of a small amount
of marijuana. He was a multiple sclerosis patient, and found that marijuana
helped him cope with his disease better than prescribed medications, and with
15 RCW 69.51.040
16 RCW 69.51o050
t7 RCW 6951.060
xs Substituting "department" for "N0ard," inserting a defmidor_ of "department," etc.
19 Letter of OcL I3, 1992_ to the author from Donald Williams, Execrative Director, Board of Phamaacy.
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