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WPIC 52.13 Medical Marijuana—Qualifying Patient—Definition

11 WAPRAC WPIC 52.13Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 52.13 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Washington State Supreme Court Committee on Jury Instructions
Part VIII. Drugs and Controlled Substances
WPIC CHAPTER 52. Special Defenses—Uniform Controlled Substances Act
WPIC 52.13 Medical Marijuana—Qualifying Patient—Definition
A qualifying patient is a person who
(1) is a patient of a health care professional;
(2) has been diagnosed by that health care professional as having a terminal or debilitating medical condition;
(3) is a resident of the State of Washington at the time of such diagnosis;
(4) has been advised by that health care professional about the risks and benefits of the medical use of marijuana;
(5) has been advised by that health care professional that he or she may benefit from the medical use of marijuana[; and]
[(6)] [[has an authorization from his or her health care professional] [and] [or] [has been entered into the medical marijuana authorization database and has been provided with a recognition card]] [; and]
[(7)] [is not being supervised for a criminal conviction by a [corrections agency] [or] [department] that has determined that the terms of the medical marijuana laws are inconsistent with and contrary to his or her supervision].
Use this instruction only for offenses committed on or after July 1, 2016.
Use this instruction to define a term used in WPIC 52.10 (Medical Marijuana—Qualifying Patient—Defense) and WPIC 52.11 (Medical Marijuana—Designated Provider—Defense).
With this instruction, also use WPIC 52.12 (Medical Use of Marijuana—Definition), WPIC 52.14 (Medical Marijuana—Terminal or Debilitating Condition—Definition), and WPIC 52.17 (Medical Marijuana—Health Care Professional—Definition).
RCW 69.51A.010(19).
Under the former version of the statute, the “qualifying patient” defense required that the physician who recommended the use of marijuana be authorized to practice medicine in the State of Washington. See State v. Tracy, 158 Wn.2d 683, 147 P.3d 559 (2006) (recommendation from a California physician is insufficient to support the defense). The current statute, RCW 69.51A.010, requires that the health care professional be licensed under Washington law as a predicate to a valid medical marijuana authorization. See WPIC 52.17 (Medical Marijuana—Health Care Professional—Definition).
The defendant is required to prove the diagnosis and authorization. The accuracy of the diagnosis is not relevant to the defense as defined by the Legislature. State v. Constantine, 182 Wn.App.635, 333 P.3d 226 (2014).
A discussion of the phrase “terminal or debilitating medical condition” is included in the Comment to WPI 52.14 (Medical Marijuana—Terminal or Debilitating Medical Condition—Definition).
[Current as of November 2019.]
End of Document