Washington Medical Marijuana Laws

Washington State Department of Health — Medical Marijuana

Medical Cannabis State Law — Chapter 69.51A RCW

Marijuana Production Compliance Rules — Chapter 246-70 WAC

Marijuana Regulation in Washington State

There is no limit on the number of plants that can be grown by a licensed producer

Here are the federal penalties for marijuana plants:

Federal Penalties

21 U.S.C. § 841(b)(1)(A)(vii)
1000 kilograms (2204.62 pounds / 1.10231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight
$10/50 million — 10 years to life in prison

21 U.S.C. § 841(b)(1)(B)(vii)
100 kilograms (220.462 pounds / 0.110231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight
$5/25 million — 5 to 40 years in prison

21 U.S.C. § 841(b)(1)(C)
50 to 99 kilograms or 50 to 99 plants
$1/5 million — up to 20 years in prison

21 U.S.C. § 841(b)(1)(D)
less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil,
$250,000/$1 million — up to 5 years in prison

21 U.S.C. § 844

Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both,

except that if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500,L

except, further, that if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000.

21 U.S.C. § 844a

(a) In general Any individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section 844 of this title in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.

(b) Income and net assets The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered.

(c) Prior conviction A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance.

(d) Limitation on number of assessments A civil penalty may not be assessed on an individual under this section on more than two separate occasions.

(e) Assessment A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5. The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. The hearing may be held only if the individual makes a request for the hearing before the expiration of the 30-day period beginning on the date such notice is issued.

Washington Industrial Hemp Laws

Wash. Rev. Code Ann. §§ 15.120.005 to 15.120.050 (2016)

  • Allows hemp production as part of a research program overseen by the Washington State Department of Agriculture.
  • Requires the department establish a seed certification program.

Washington Marijuana Classification

Statement with attachmentsOlsen Statement 2015 11 201,492 KB
Statement without attachmentsOlsen 2015 11 20111 KB
Attachment #1mcgill 2011 12 05584 KB
Attachment #2nabp 2010 03 03653 KB
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Attachment #5nabp_2015 05 132,454 KB
Attachment #6iowa supreme court 2010 05 14842 KB
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Repeals by implication are ordinarily not favored in law, and a later act will not operate to repeal an earlier act except in such instances where the later act covers the entire subject matter of the earlier legislation, is complete in itself, and is evidently intended to supersede the prior legislation on the subject, or unless the two acts are so clearly inconsistent with, and repugnant to, each other that they cannot, by a fair and reasonable construction, be reconciled and both given effect. Abel v. Diking, 19 Wn.2d 356, 363, 142 P.2d 1017, 1020 (Wash. 1943).

No one has asked the pharmacy board to revisit the classification, and it has apparently not seen fit to do so. RCW 69.50.204(c)(14). State v. Hanson, 138 Wn. App. 322, 330, 157 P.3d 438, 442 (Wash. App. Div. 3, 2007).

We do not read the Medical Marijuana Act and the Uniform Controlled Substances Act as inconsistent. Indeed, the Medical Marijuana Act never addresses whether marijuana has a currently accepted medical use. It only states that some patients may benefit from medical marijuana. RCW 69.51A.005. State v. Hanson, 138 Wn. App. 322, 331, 157 P.3d 438, 442 (Wash. App. Div. 3, 2007).