18 May SB 5052 and Collective Gardens
On April 24th Governor Inslee partially vetoed and signed ESSB 5052 into law. While many provisions have different effective dates, there is one section that is effective as soon as the law is filed with the register. We are referencing Section 32, which sets out changes to the Collective Garden Statute. The major change in this section is that a person under 21 is not allowed to participate in a collective garden. However, there is a mechanism for a patient under 21 to obtain medicine from a collective garden. A designated provider over 21 may be chosen by the patient that would have the duty of producing, processing, transporting, and otherwise obtaining cannabis for the “minor” patient. The text is listed below.
Sec. 32. RCW 69.51A.085 and 2011 c 181 s 403 are each amended to read as follows:
“…(b) No person under the age of twenty-one may participate in a collective garden or receive marijuana that was produced, processed, transported, or delivered through a collective garden. A designated provider for a person who is under the age of twenty-one may participate in a collective garden on behalf of the person under the age of twenty-one;….”
Pursuant to Section 51 (Effective Dates) This section takes effect immediately upon being signed and filed with the register.
What does this means for access points and other collective gardens?
This means that a patient that is under 21 years of age may not “participate” in a collective garden. A patient that is under 21 must select a designated provider that is over 21 to obtain and or produce their medicine. In the City of Seattle, City Attorney, Pete Holmes will be conducting “stings” where collectives will have controlled buys conducted by patients that are under 21 years of age. This will also play a roll in determining which Access Points gets shut down and when they are shut down. Here is a link to that article.
Interestingly, under the previous law, designated providers could not participate in collective gardens. Under the new law, for a person acting as a designated provider for a patient under 21, they may now participate in collective gardens. This portion of the law was not widely acknowledged in the press and has an immediate legal consequence for collective gardens. Get the word out.