The new Medical Marijuana Regulation Bill (PDF) went into full effect July 1, 2016, integrating the medical cannabis market with the current retail marijuana market. The new law explains the requirements to receive your medical marijuana authorization. Every person engaged in the use of medical marijuana and seeks the safe-guards should always consult the current laws related to medical marijuana, as the law may change.


Guide to the Medical Marijuana Authorization

Medical Marijuana Authorization

Medical Marijuana Authorization Form

To be a Washington State medical marijuana patient, you must be a resident of the state under the care of a healthcare practitioner for your qualifying medical condition and provided a Medical Marijuana Authorization Form from your healthcare practitioner allowed to authorize marijuana for medical purposes. 

Medical Marijuana Authorization form requirements

All authorizations must be completed and signed by the patient’s healthcare practitioner. The form must be printed on 8.5 x 11 inch authorization tamper-resistant paper as defined in RCW 69.51A.010.

Important note: Authorization forms printed on tamper-resistant paper containing the Pharmacy Commission seal are not valid and will prevent a patient from being entered into the Medical Marijuana Authorization Database.

  • Please read the Medical Marijuana Authorization Form Guidelines (PDF).
  • Do not mail, fax, or email medical marijuana authorization forms to the Department of Health. The department doesn’t request, receive or retain authorization forms or register or issue medical marijuana recognition cards for patients. If a patient wants to register with the authorization database, they can schedule an appointment with a Medical Marijuana Consultant at a medically-endorsed store.

To learn more, visit the Medical Marijuana Program’s most frequently asked questions webpage.


Qualifying Conditions

Patients with terminal or debilitating medical conditions may, under their healthcare practitioner’s care, benefit from the medical use of marijuana.

Terminal or debilitating medical condition means a condition severe enough to significantly interfere with the patient’s activities of daily living and ability to function, which can be objectively assessed and evaluated and limited to the following:

  • 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.
  • Posttraumatic stress disorder.
  • Traumatic brain injury.

Humanitarian compassion necessitates that the decision to use marijuana by patients with terminal or debilitating medical conditions is a personal, individual decision, based upon their healthcare practitioner’s professional medical judgment and discretion.

Mental health conditions don’t qualify

Due to a lack of scientific evidence supporting improved health outcomes from the use of medical marijuana for mental health conditions such as bipolar disorder, depression and anxiety, the Medical Quality Assurance Commission denied requests to add to the list of qualifying conditions. You may read the commission’s and board’s decision on the latest petition in the final order (PDF).

How to add qualifying conditions

Prior to July 24, 2015, the Medical Quality Assurance Commission, in consultation with the Board of Osteopathic Medicine and Surgery, considered petitions requesting to add conditions for which medical marijuana may be recommended under state law. In 2015, the law changed and petitions are no longer allowed. To add a qualifying condition to the list would require an act of legislation to change the law.

NEW! A Consumer Guide: Washington Marijuana Laws (English) (Spanish)


Guide to the Medical Marijuana Database

Medical marijuana patients with a valid authorization form from their healthcare practitioner may join the medical marijuana authorization database and receive their medical marijuana recognition card. Joining the authorization database is voluntary and isn’t required in order to be a medical marijuana patient unless the patient is under the age of 18.

How to join the database

  1. Take your authorization form to any licensed and medically endorsed retail marijuana store (PDF).
  2. Ask to see the certified medical marijuana consultant on staff who is trained in working with authorized medical marijuana patients.
  3. Give the consultant your authorization form so that he or she can enter your information into the database, take your picture, and create a new medical marijuana recognition card.
  4. Pay a $1 fee required from cardholders when their card is created. The medically endorsed store collects the fee and pays it to the Department of Health.

Benefits of joining the database

Changed your mind?

If you choose to no longer have an active medical marijuana recognition card or would like to revoke your designated provider, you may complete the Revocation Request form (Word) and mail it to the address at the top of the form. Be sure to notify any designated provider you revoke from the database.

Authorized patients not entered into the database

  • Patients and designated providers who hold valid authorizations but aren’t entered into the database may purchase only in accordance with the laws and rules for non-patients.
  • They will have an affirmative defense to criminal prosecution if they possess no more than four plants and six ounces of usable marijuana.

Guide to Forming a Cooperative

Cooperatives

Medical marijuana cooperatives allow up to four medical marijuana patients or their designated provider to join together to grow marijuana for the patients’ personal use.

Every member must be entered into the medical marijuana authorization database and have a medical marijuana recognition card. The total number of plants authorized for the participants may not exceed 60 plants.

Cooperatives must register with the Washington State Liquor and Cannabis Board (WSLCB) and follow all regulations.

Cooperative members may ONLY:

  • Be in a cooperative if they have a valid medical marijuana recognition card.
  • Form a four member cooperative.
  • Participate in a cooperative if they are at least 21 years of age.
  • Grow up to the total number of plants authorized, with a maximum of 60 plants.
  • Belong to one cooperative.
  • Grow plants in the cooperative and not anywhere else.
  • Use the marijuana and its products, and not sell or give away marijuana or marijuana products to anyone who is not in the cooperative.

A cooperative must be:

  • Located at one of the member’s homes.
  • Limited to one cooperative per tax parcel.
  • Enclosed by an 8-foot fence, if outdoors, and cannot easily be seen or smelled.

No cooperative may be located in any of the following areas:

  • Within one mile of a marijuana retailer;
  • Within the smaller of either:
    • 1,000 feet of schools, playgrounds, recreation centers, daycare centers, or any facility restricted to people 21 years or older, or
    • The area restricted by ordinances; or
    • Where prohibited by city, town, or county zoning laws.

More Information: A Patient’s Guide to Forming a Cooperative


Designated Provider

A designated provider isn’t a doctor. Medical marijuana patients may designate on their medical marijuana authorization form someone to purchase their marijuana product and/or grow the marijuana for them. The designated provider will also receive an exact copy of the form printed on tamper-proof paper.

To be a designated provider for a qualifying medical marijuana patient, the person must be:

  • Twenty-one years of age or older;
  • Named on the patient’s medical marijuana authorization form.
  • Have a fully completed form also printed on tamper-resistant paper. The patient signs his or her copy of the authorization form, and the designated provider signs his or her own copy; and
  • Entered into the medical marijuana database and have a designated provider recognition card, if the patient chooses to be entered into the database.

For minor patients

Patients under the age of 18 are required by law to have a designated provider and to be entered into the medical marijuana database. The designated provider of a minor patient must be: 

  • Twenty-one years of age or older;
  • The parent or legal guardian of the minor patient;
  • Named on the minor patient’s medical marijuana authorization form and have a fully completed form also printed on tamper-resistant paper; and
  • Entered into the medical marijuana database and have a designated provider recognition card.

Restrictions

The designated provider is prohibited from consuming marijuana obtained for the personal, medical use of the qualifying patient for whom the individual is acting as designated provider, and must:

  • Provide marijuana only to the qualifying patient who has designated him or her;
  • Comply with the terms and conditions of RCW 69.51A; and
  • Serve as the designated provider to only one patient at any one time.

A patient may have only one designated provider at any one time. If entered into the database, patients may remove their designated provider by completing the Revocation Request form (Word) and mailing it to the address at the top of the form.

Patients who would like to designate a new provider must return to their healthcare practitioner to get a new authorization form for themselves and the new designated provider.


Medical Marijuana Possession Amounts

Any adult aged 21 or older

Can purchase any combination of the following from a licensed retail marijuana store:

  • One ounce of usable marijuana
  • Sixteen ounces of marijuana-infused product in solid form
  • Seventy-two ounces of marijuana-infused product in liquid form, or
  • Seven grams of marijuana concentrate

Recognition card holders

Qualified patients and designated providers who are entered into the medical marijuana database may legally purchase sales-tax free any combination of the following from a licensed marijuana store with a medical endorsement:

  • 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

Recognition card holders may also grow in their home or as a member of a cooperative:

  • Six plants for personal medical use, and
  • Possess up to eight ounces of usable marijuana produced from their plants.

If the patient’s healthcare practitioner determines the patient requires more than the presumptive amount, they may authorize:

  • Up to 15 plants for personal medical use, and
  • May possess 16 ounces of usable marijuana produced from their plants.

Note: No more than 15 plants may be grown or located in any one housing unit even if multiple qualifying patients or designated providers reside in the housing unit. The only exception will be for cooperative gardens established under SB 5052.

Qualified patients and designated providers with a valid authorization form who choose not to be entered into the database may:

Purchase only the amounts allowed for non-patients.

Grow in their home:

  • Four plants for personal medical use, and
  • Possess up to six ounces of usable marijuana produced from their plants. 

Note: No more than 15 plants may be grown or located in any one housing unit even if multiple qualifying patients or designated providers reside in the housing unit. The only exception will be for cooperatives.

Non-recognition card holders

Qualified patients and designated providers with a valid authorization form who choose not to be entered into the database may:

  • Purchase only the amounts allowed for non-patients, 21 and older as listed above.
  • Grow in their home:
    • Four plants for personal medical use, and
    • Possess up to six ounces of usable marijuana produced from their plants.

Patients and designated providers who aren’t entered into the database are limited to four plants and six ounces of usable marijuana even if a higher number of plants is indicated on their authorization. Patients and designated providers who aren’t entered into the database have only an affirmative defense to criminal prosecution.


Medical Marijuana Authorization FAQ

How do I become a medical marijuana patient in Washington State?

To become a medical marijuana patient in the state of Washington, you must be a resident of Washington and make an appointment with your healthcare practitioner to see if you qualify under Washington state law – see qualifying conditions. If your healthcare practitioner feels your medical condition would benefit from the use of marijuana for medical purposes, he or she will complete a medical marijuana authorization form for you – see A Patient’s Guide to the Authorization Form

Does a healthcare practitioner have to provide a qualifying patient with an authorization?

No. According to RCW 69.51A.060 nothing in the law requires any healthcare professional to authorize the medical use of marijuana for a patient.

How do I renew my medical marijuana authorization form?

A medical marijuana authorization may be renewed by scheduling a renewal appointment with your current healthcare practitioner who is treating you for your medical condition. The practitioner’s contact information can be found under the Healthcare Practitioner Information section of the form. The Department does not maintain a list of practitioners who authorize marijuana for medical purposes because practitioners are not required by law to report these activities to the Department. For a qualifying patient eighteen years of age or older, an authorization expires one year after its issuance. For a qualifying patient less than eighteen years of age, an authorization expires six months after its issuance – see RCW 69.51A.030. If you find the contact information is no longer valid or in service, you may:

  • Check the provider’s credential status to see if they still have an active license by using the Department’s online Provider Credential search tool
  • Schedule an appointment with your primary care physician to see if they are willing to provide you with a medical marijuana authorization
  • Search for a new healthcare practitioner allowed to authorize marijuana for medical purposes under current law – see Who Can Authorize

I have a terminal condition. May I have a lifetime authorization?

No. The law requires that all adult patients have an annual exam and get their authorization renewed each year. Patients under the age of 18 must be seen by their authorizing healthcare practitioner every six months.

What does a patient do once they have been given an authorization?

The authorization is for the patient to keep – don’t send a copy to the Department of Health. With their authorization, a patient may grow four plants. If they have been authorized to grow more than four plants or would like to access the benefits of being a recognition cardholder, they must take their authorization form to a medically endorsed marijuana store (PDF) to be entered into the medical marijuana authorization database. The number of plants allowed to grow will be printed on the card. Patients under the age of 18 must be entered into the database along with their designated provider.

I am 18 and have an authorization from my doctor. Do I have to have a designated provider in order to be entered into the medical marijuana database?

No. Qualifying patients ages 18 to 20 years who have a valid photo ID and authorization form may enter a medically endorsed store for the purpose of being entered into the Medical Marijuana Authorization Database and getting their recognition card without having a designated provider. After they get a card, they may enter and purchase at only medically endorsed stores.

Am I automatically entered into the database now that I have a medical marijuana authorization from my doctor?

No. To get entered into the medical marijuana authorization database, you must take your authorization form to any licensed and medically endorsed retail marijuana store (PDF). A certified consultant will enter your information into the database and create your medical marijuana recognition card.

How do I request my information to be removed from the database?

If you choose to no longer have an active medical marijuana recognition card or would like to revoke your designated provider, you may complete the Revocation Request form (Word) and mail it to the address at the top of the form. Be sure to notify any designated provider you revoke from the database.

May I be fired from my job if I use marijuana for medical purposes?

Yes. According to RCW 69.51A.060(7) Employers may establish drug-free work policies. Nothing in this chapter requires an accommodation for the medical use of marijuana if an employer has a drug-free workplace.

As a medical marijuana patient, does my landlord have to let me use marijuana in my rental home?

No. As a tenant you have no legal right to grow or smoke marijuana even if you are medically authorized and have a recognition card. It is at the discretion of the landlord as to whether you receive that permission within the lease agreement. Under the federal Fair Housing Act, housing providers are ordinarily obligated to provide reasonable accommodations for tenants with disabilities to ensure that they have the full use and enjoyment of their homes. However, the federal Fair Housing Act reasonable accommodation provisions exclude from protection the current use of a “controlled substance” under federal law. Even though medical marijuana is legal under Washington law, it is not legal under federal law.

Is it legal for the courts to not allow me to use marijuana when in jail or on probation even though I am a patient in the database?

Yes. According to RCW 69.51A.005 (4) Nothing in this chapter diminishes the authority of correctional agencies and departments, including local governments or jails, to establish a procedure for determining when the use of marijuana would impact community safety or the effective supervision of those on active supervision for a criminal conviction, nor does it create the right to any accommodation of any medical use of marijuana in any correctional facility or jail.

Where can I buy medical marijuana?

Though we do not differentiate between “medical” and “recreational”, there are Compliant Products that have passed more stringent testing standards and may be more beneficial to patients. Compliant products fall into one of three categories: General Use, High CBD, and High THC. Both the General Use and High CBD compliant products may be sold at any licensed marijuana store. The High-THC complaint products may be sold only at licensed marijuana stores with a medical endorsement, and only to recognition cardholders. Stores choose the inventory they want to sell. If your favorite marijuana store doesn’t carry the compliant products you want to purchase, let the store manager know what products you would like to have available. 

Where can I find the test results of the marijuana product I want to purchase?

Under customers may request the retailer to disclose the name of the lab and results of the required quality assurance test for any usable marijuana, marijuana concentrate, or marijuana-infused product the customer is considering purchasing. Please contact the Washington State Liquor and Cannabis Board (WSLCB) at 360-664-1600, by email or see its website for more information.

Where can I purchase plants and seeds?

Qualifying patients and designated providers that are entered into the medical marijuana database and hold a medical marijuana recognition card may purchase immature plants, clones, or seeds from a licensed producer (i.e., grower) under RCW 69.50.325.

The Department of Health does not maintain a list of licensed producers who opt to sell product to patients. To locate a licensed producer that is selling to card holding patients, please visit the Washington State Liquor and Cannabis Board’s website to obtain a current list of licensed producers and call each one to confirm – see Marijuana License Applicants (list containing both applicants and issued licenses).

What taxes do I save if I’m entered into the database?

The tax savings for patients entered into the database and purchasing products from a medically endorsed marijuana store is state sales and use (see chapter 82.08.9998 RCW and chapter 82.12.9998 RCW). You may search for the specific percentage of these taxes in your area on the Department of Revenue’s website.

What is a valid Medical Marijuana Authorization?

A valid authorization is:

  • Medical Marijuana Authorization (form number DOH 623123 – November 2019)
  • a recommendation to use marijuana for medical purposes provided by a healthcare practitioner (doctor) allowed to authorize under current law as defined under RCW 69.51A.010(5).
  • completed and signed by the patient’s healthcare practitioner (doctor) and printed on 8.5 x 11 inch authorization tamper-resistant paper containing the RCW 69.51A.030 logo (bottom right corner).
  • typed or handwritten and must contain an original signature by the patient’s healthcare practitioner.
  • good for no more than 1 year from issue date for adult patients (age 18 and older); and no more than six months from issue date for minor patients (under 18).
  • used by an adult patient to indicate in writing who is serving as their designated provider (caretaker). Patient and Designated Provider will each receive an original authorization.
  • what allows a patient and their designated provider to enter the Medical Marijuana Authorization Database to receive a medical marijuana recognition card (see Benefits of joining the database).
  • what allows a patient or their designated provider to grow up to four plants within their domicile; unless the patient’s healthcare practitioner (doctor) indicates the patient needs more (no more than 15 plants per household and patient) (see Possession Amounts)

Is my Washington Medical Marijuana Authorization valid in other states?

Some states may recognize a medical marijuana authorization from Washington. Medical marijuana patients from Washington should check with other states before traveling, and should comply with the laws in those states. Healthcare practitioner authorizations, ID cards and other documentation from other states aren’t valid in Washington.


Medical Marijuana Laws & Rules

The Cannabis Patient Protection Act codified into RCW 69.51A , integrates the medical market with the regulated recreational market. Under the act, the Department of Health adopted rules for a medical marijuana authorization database, training and certification of medical marijuana consultants, and product compliance. The department was also required to produce several bill-related reports.

Primary goals of the law

  • Clarify what is meant by the medical use of marijuana.
  • Ensure patients have access to higher quality products to meet their medical needs.
  • Allow for state sales and use tax breaks for medical marijuana patients who are entered into the authorization database.
  • Provide protection from arrest and prosecution for patients who are entered into the authorization database.

Medical marijuana laws

Medical marijuana rules

Growing, producing/processing, retail stores and cooperatives laws and rules – Liquor and Cannabis Board

Tax laws – Department of Revenue

DISCLAIMER: All details on this page serve merely as educational and nothing here is legal advise whatsoever, nor should the information be substitute for your own research nor should you decline to seek legal advise when you don’t understand the requirements of the law. In fact we highly suggest you seek legal advise from a license lawyer for all the questions related to medical marijuana and compliance with the laws both state and federal. The medical marijuana law may have changed, and thereby this information may not always be 100-percent accurate. It is your sole duty to know the law and seek legal advise.

Updated: October 19th 2019