Section 69.51A.045. Possession of plants, marijuana concentrates, useable marijuana, or marijuana-infused products exceeding lawful amount—Affirmative defense.

(1) A qualifying patient or designated provider in possession of plants, marijuana concentrates, useable marijuana, or marijuana-infused products exceeding the limits set forth in this chapter but otherwise in compliance with all other terms and conditions of this chapter may establish an affirmative defense to charges of violations of state law relating to marijuana through proof at trial, by a preponderance of the evidence, that the qualifying patient's necessary medical use exceeds the amounts set forth in RCW 69.51A.040.

(2) An investigating law enforcement officer may seize plants, marijuana concentrates, useable marijuana, or marijuana-infused products exceeding the amounts set forth in this chapter. In the case of plants, the qualifying patient or designated provider shall be allowed to select the plants that will remain at the location. The officer and his or her law enforcement agency may not be held civilly liable for failure to seize marijuana in this circumstance.

[ 2015 c 70 § 29; 2011 c 181 § 405.]

NOTES:

Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

2015 c 70 § 29; 2011 c 181 § 405.