Criminal Law Questions? Ask a Criminal Lawyer.
Under RCW 69.51A.040 a licensed person in compliance with the terms and provisions of the medical cannabis law (RCW 69.51A) is generally exempt from arrest, prosecution, criminal sanctions and civil consequences for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver. However, this exemption does not apply if the investigating officer possesses evidence that a qualifying patient has converted cannabis produced or obtained for his or her own medical use to the qualifying patient's personal, nonmedical use or benefit.Based on the brief description provided, the licensed person may be subject to arrest and prosecution for providing cannabis to an unlicensed person, as though he did not possess a license. That person might also be prosecuted for conspiracy to violate the drug laws based on the agreement to furnish the marijuana.With regard to the person who is asking, that person may be subject to arrest and prosecution for conspiracy also, if the licensed person agreed to provide the marijuana. Also, if marijuana was provided to the asking person, he or she would could be arrested and charged with possession. If the licensed person refused to provide the requested marijuana then the asking person might still be arrested and prosecuted for soliciting the commission of a crime.Let me know if you need any further information.
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