Posted on May 1, 2011
Serving one patient at any one time, removed (Section 404 of SB 5073)
This is a topic that has been a concern since we all protested the raid at CHANGE in Spokane in 2009.
According to the Washington voters that passed I-691 in 1998, a provider could provide medicine to one patient at any one time. But under Section 404 of SB 5073 that has changed, and a 15 day cooling off period is applied between patients.
The Washington code has read under RCW 69.51a.010 for 13 years about providers:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) “Designated provider” means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in writing by a patient to serve as a designated provider under this chapter;
(c) Is prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as designated provider; and
(d) Is the designated provider to only one patient at any one time.
After Change was busted in 2009, this became a concern for providers. We felt it was necessary for patients to be able to access medicine as soon as they got their recommend without having to wait for their garden or their provider’s garden to grow for 3-4 months before harvest was ready. Ill patients sometimes don’t even have 3 months, not yet can they wait even if they do. Their doctors has recommended cannabis to them because they are sick, and they should have immediate access to their medication. So we designed software to offer a time/date stamp so that providers can prove that they are only serving one patient at any one time. We paid a developer for a lot of modifications to an open source program called PHPPointOfSale, and it offers a database record, and a printed receipt with this time/date stamp on it, to help protect providers. You can see that software and even download and use it 100% free at: http://emeraldpos.com
But NOW under SB 5073 that lingo changes. See the below info and link:
NEW SECTION. Sec. 404. (1) A qualifying patient may revoke his or
21 her designation of a specific provider and designate a different
22 provider at any time. A revocation of designation must be in writing,
23 signed and dated. The protections of this chapter cease to apply to a
24 person who has served as a designated provider to a qualifying patient
25 seventy-two hours after receipt of that patient’s revocation of his or
26 her designation.
27 (2) A person may stop serving as a designated provider to a given
28 qualifying patient at any time. However, that person may not begin
29 serving as a designated provider to a different qualifying patient
30 until fifteen days have elapsed from the date the last qualifying
31 patient designated him or her to serve as a provider.