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FILE 

IN CLERKS OFFICE 

IUPREME CC'.Ji"\T, STAn! OF WASHINOlON 

DA'i':I MAY 0 7 2015 

'hla.~ ¥.(!,9. CHIEF JU$ lCE 

IN THE SUPREME COURT OF THE STATE OF WASHINGTON 

STATE OF WASHINGTON, ) 

) 

Respondent, ) No. 90281-0 

) 

v. ) En Bane 

) 

WILLIAM MICHAEL REIS, ) MAY 0 7 2015 ) Filed 

Petitioner. ) 

) 

WIGGINS, J.-William Reis was charged with manufacturing a controlled 

substance after a search of his home produced evidence of a marijuana grow 

operation. Reis moved to suppress the results of the search on the ground that the 

search warrant was invalid, arguing that the 2011 amendments to the Washington 

State Medical Use of Cannabis Act (MUCA), chapter 69.51A RCW, decriminalized the 

possession of cannabis for medical use. The trial court denied Reis's motion to 

suppress, and the Court of Appeals granted discretionary review and affirmed. 

The 2011 amendments to RCW 69.51A.040 provide in relevant part that the 

"medical use of cannabis in accordance with the terms and conditions of this chapter 

does not constitute a crime .... " (Emphasis added.) One of these "terms and 

conditions" is that a medical user must be registered with a registry established by 

 	 
	 
   
		

		

State v. Reis (William Michael), No. 90281-0 

section 901 of the 2011 MUCA amendments. RCW 69.51A.040(2), (3). But the 

governor vetoed section 901, and no registry currently exists. It is thus impossible to 

register "in accordance with the terms and conditions of this chapter ... " after the 

governor's veto. 

We hold that the plain language of MUCA, supported by the context in which 

the language appears, the overall statutory scheme, and the legislative intent as 

captured by the governor's veto message, does not support the conclusion that the 

medical use of marijuana is not a crime. Therefore, we affirm the Court of Appeals and 

remand for trial. 

FACTS 

Detective Thomas Calabrese received an anonymous tip in 2012 from an 

individual living in the Shorewood area of Burien, informing him that a man named 

"William" was actively growing marijuana in a house in that neighborhood. The 

informant, who feared retaliation by Reis, declined to provide any additional 

information. Calabrese later drove through Shorewood and was able to observe six 

marijuana plants growing on the back porch of a home. He then observed an individual 

tending those plants. He noted the address and left. 

Detective Calabrese then asked and was granted permission to use a 

neighbor's yard to observe the porch. From this vantage point, Calabrese was able to 

observe the plants on the porch. He also heard a distinct humming sound coming from 

the northwest side of the target home and observed black plastic covering the daylight 

basement window. Calabrese also noticed condensation on this window. 

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State v. Reis (William Michael), No. 90281-0 

Leaving his vantage point, Calabrese drove past the target house and noted 

the license plate number on the vehicle parked in front of the house. A directory search 

of the plate indicated that the vehicle belonged to William Reis. Calabrese began 

checking that name and discovered that Reis had been arrested in 2005 for domestic 

violence. During that arrest, officers discovered a large marijuana grow operation in 

the basement, as well as a rifle and $18,000 cash hidden in the attic. Additional 

searches of Reis's financial records in 2005 connected him to a large marijuana grow 

operation in California. Detective Calabrese also learned that Reis had been arrested 

in 2011 for possession of 1.3 grams of marijuana. 

Calabrese obtained Reis's 2005 booking photo and found that it matched the 

individual he observed tending the marijuana plants on the porch. He then returned to 

Shorewood to interview neighbors in an effort to determine whether Reis was selling 

or distributing marijuana. However, none of Reis's neighbors would talk to him. They 

each asserted that they were afraid of Reis and that they did not want Reis to retaliate 

against them. One of the neighbors even informed Calabrese that they had purchased 

a firearm specifically to protect themselves from Reis. 

Detective Calabrese put all of this information in an affidavit of probable cause 

to support a search warrant of Reis's home. Judge Eide granted a search warrant, 

finding probable cause to believe that Reis was violating Washington's Uniform 

Controlled Substances Act, chapter 69.50 RCW. 1 A search of Reis's home pursuant 

1 Calabrese's affidavit did not allege a violation of federal law, and the record does not suggest 

the he was pursuing a violation of federal law. Therefore, the sole question on appeal is 

whether Detective Calabrese had probable cause of a violation of state law. See United 

States v. $186,416.00 in U.S. Currency, 590 F.3d 942, 948 (9th. Cir. 2009) (requiring state 

3 

 	 
	 
   
		

		

State v. Reis (William Michael), No. 90281-0 

to the search warrant revealed plants, scales, ledgers, sales receipts, and tools 

indicative of a marijuana grow operation. The search also revealed 37 plants and 

210.72 ounces of cannabis. 2 

The State charged Reis with violating chapter 69.50 RCW, the Uniform 

Controlled Substances Act. Reis moved to suppress the evidence found in his home, 

asserting that the search warrant was not supported by probable cause. The trial court 

denied Reis's motion to suppress. The trial court granted Reis's motion for expedited 

discretionary review in the Court of Appeals and certified this issue for immediate 

review under RAP 2.3(b)(4)3 before Reis's scheduled trial date. The Court of Appeals, 

Division One, granted discretionary review and held in a published opinion that the 

authorized use of medical marijuana under RCW 69.51A.040 does not preclude an 

officer from searching; compliant use under the statute is an affirmative defense that 

does not negate probable cause required for a search warrant. State v. Reis, 180 Wn. 

App. 438, 322 P.3d 1238 (2014). We granted review and now affirm. 

law enforcement officers to indicate pursuits of violations of federal law in their affidavits, or 

to seek a search warrant from a federal magistrate, to support a finding of probable cause for 

the violation of a federal crime). 

2 The "terms and conditions" of RCW 69.51A.040(1 )(a)(i) that render the medical use of 

marijuana legal require that a qualifying patient or designated provider possess no more than 

15 marijuana plants and no more than 24 ounces of useable cannabis. 

3 RAP 2.4(b)(4) provides for discretionary review when "[t]he superior court has certified ... 

that the order involves a controlling question of law as to which there is substantial ground for 

a difference of opinion and that immediate review of the order may materially advance the 

ultimate termination of the litigation." 

4 

 	 
	 
   
		

		

State v. Reis (William Michael), No. 90281-0 

ANALYSIS 

This case asks us to determine whether RCW 69.51A.040, as enacted following 

Governor Gregoire's 2011 veto, decriminalizes the medical use of marijuana. 4 In 

answering this question, we apply well established principles of statutory interpretation 

to chapter 69.51A RCW. These principles lead to the conclusion that the medical use 

of marijuana is not lawful because compliance with RCW 69.51A.040 is currently 

impossible. Further, we reject Reis's arguments regarding the effect of the governor's 

veto; riothing about the veto process changes our analysis of the enacted statute. 

I. Standard of Review 

We review questions of statutory interpretation de novo. Ass'n of Wash. Spirits 

& Wine Distrib. v. Wash. State Liquor Control Bd., 182 Wn.2d 342, 350, 340 P.3d 849 

(2015). The court discerns legislative intent from the plain language enacted by the 

legislature, considering the text of the provision in question, the context of the statute 

in which the provision is found, related provisions, amendments to the provision, and 

the statutory scheme as a whole. /d. (citing Dep't of Ecology v. Campbell & Gwinn, 

LLC, 146 Wn.2d 1, 9-10, 43 P.3d 4 (2002)). 

II. Overview of Washington's Medical Marijuana Laws 

Marijuana is generally a schedule I unlawful controlled substance, the 

possession or cultivation of which is prohibited. 5 RCW 69.50.204(c)(22); RCW 

4 Reis concedes the search was valid if we conclude that chapter 69.51A RCW provides only 

an affirmative defense. This opinion does not discuss the propriety of the search because we 

hold that the statute provides qualifying patients and designated providers with only an 

affirmative defense. 

5 Initiative Measure 502, approved in November 2012, legalized the possession of small 

amounts of marijuana. The initiative was not in effect when this search warrant issued, and 

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State v. Reis (William Michael), No. 90281-0 

69.50.401 (1 ). It has maintained this classification by the Washington State Legislature 

since 1971. RCW 69.50.204(c)(22). Since 1971, the possession, manufacture, and 

distribution of marijuana has been generally prohibited. See RCW 69.50.401-.455. 

However, in 1998, the legislature enacted the MUCA, chapter 69.51A RCW, creating 

an exception for the medicinal use of marijuana. This exception created an affirmative 

defense for qualifying patients and designated caregivers who could establish that 

they complied with the requirements of that chapter. Former RCW 69.51A.040(1) 

(1998). 

In 2011, the legislature amended MUCA by adopting Engrossed Second 

Substitute Senate Bill (E2SSB) 5073. The stated purpose of these amendments, as 

asserted in section 101 (vetoed), was to ensure that 

(a) Qualifying patients and designated providers complying with 

the terms of this act and registering with the department of health will no 

longer be subject to arrest or prosecution, other criminal sanctions, or 

civil consequences based solely on their medical use of cannabis; 

(b) Qualifying patients will have access to an adequate, safe, 

consistent, and secure source of medical quality cannabis; and 

(c) Health care professionals may authorize the medical use of 

cannabis in the manner provided by this act without fear of state criminal 

or civil sanctions. 

E2SSB 5073, § 101 (as passed by the legislature) (vetoed); see LAWS OF 2011, ch. 

181, § 101. In order to achieve these goals, the legislature created a two-tiered system 

of medical exceptions to the general prohibitions on possessing or cultivating 

marijuana. E2SSB 5073 §§ 401, 402, 406 (codified as RCW 69.51A.040, .043(1 ), (2)). 

the parties agree that the initiative has no bearing on this case. We do not consider or analyze 

the initiative in this opinion. 

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State v. Reis (William Michael), No. 90281-0 

Section 901 of the bill directed the state Department of Health and the state 

Department of Agriculture to "adopt rules for the creation, implementation, 

maintenance, and timely upgrading of a secure and confidential registration system." 

E2SSB 5073, § 901 (1 ). Any established registry was required to allow 

(a) A peace officer to verify at any time whether a health care 

professional has registered a person as either a qualifying patient or a 

designated provider; and 

(b) A peace officer to verify at any time whether a person, 

location, or business is licensed .... 

E2SSB 5073, § 901 (as passed by the legislature) (vetoed); see LAWS OF 2011, ch. 

181, § 901. Registration of qualifying patients and designated providers was optional. 

Registration would place the burden on law enforcement officials to establish that the 

terms and conditions of the medical marijuana exceptions were not being satisfied. 

E2SSB 5073, § 901 (4) (vetoed); see RCW 69.51A.040. Once established, the registry 

would provide registered users heightened protection from arrest, prosecution, 

criminal sanctions, and civil consequences based solely on their medical use of 

marijuana. E2SSB 5073, § 102(2)(a) (codified as RCW 69.51A.005(2)). Otherwise 

compliant but nonregistered, users were entitled to raise an affirmative defense. 

E2SSB 5073, § 402 (codified as RCW 69.51A.043). 

In April 2011, the United States Attorneys for the Eastern and Western Districts 

of Washington wrote an advisory letter to Governor Gregoire regarding Laws of 2011, 

chapter 181. This letter explained the Department of Justice's position on the bill: 

"The Washington legislative proposals will create a licensing 

scheme that permits large-scale marijuana cultivation and distribution. 

This would authorize conduct contrary to .federal law and thus, would 

undermine the federal government's efforts to regulate the possession, 

manufacturing, and trafficking of controlled substances .... In addition, 

state employees who conducted activities mandated by the Washington 

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State v. Reis (William Michael), No. 90281-0 

legislative proposals would not be immune from liability under the CSA 

[Controlled Substances Act, 21 U.S.C. ch. 13]. Potential actions the 

Department could consider include injunctive actions to prevent 

cultivation and distribution of marijuana and other associated violations 

of the CSA; civil fines; criminal prosecution; and the forfeiture of any 

property used to facilitate a violation of the CSA." 

Cannabis Action Coal. v. City of Kent, 180 Wn. App. 455, 464, 322 P.3d 1246 (first 

alteration in original) (footnote omitted), review granted, 182 Wn.2d 1022, 336 P.3d 

1165 (2014 ). Following receipt of this letter, the governor vetoed 36 sections that 

would have established and monitored a state licensed medical marijuana registry, 

including the legislature's statement of intent in section 101. See LAWS OF 2011, ch. 

181, at 1376 (governor's veto message). No registry currently exists. However, the 

governor did not veto sections 401, 402, or 406, reasoning that the latter sections 

were still meaningful because they "establish affirmative defenses" and "govern those 

who have not registered." /d. Sections 402 and 406 (codified as RCW 69.51A.043(1) 

and (2), respectively) establish affirmative defenses for patients who have not 

registered. Section 401 (codified as RCW 69.51A.040) identifies the requirements for 

qualifying patients to receive heightened protections, beyond the ability to establish 

an affirmative defense. As enacted, RCW 69.51A.040 provides heightened protection 

for qualifying patients and designated providers who, among other things, register with 

the Department of Health. 

Ill. Statutory Interpretation 

RCW 69.51A.040, as passed, does not decriminalize the medical use of 

marijuana. Instead, the plain language of the statute establishes a limited exception 

to the general prohibition against marijuana that existed at the time that the search 

warrant in this case issued. This interpretation is supported by the context in which 

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State v. Reis (William Michael), No. 90281-0 

the statute appears, the statute's placement within the statutory scheme, and the 

governor's veto message accompanying E2SSB 5073. See LAWS OF 2011, ch. 181, at 

137 4-76. The legislature may have intended to create heightened protections for 

qualifying patients who registered. However, because registration is currently 

impossible, the statute provides qualifying patients with only an affirmative defense 

until the legislature is able to establish a registry. Therefore, we reject Reis's argument 

and affirm the Court of Appeals. 

A. Plain language of the statute 

We begin with the plain language of the statute. As enacted, RCW 69.51A.040 

reads in relevant part: 

The medical use of cannabis in accordance with the terms and conditions 

of this chapter does not constitute a crime and a qualifying patient or 

designated provider in compliance with the terms and conditions of this 

chapter may not be arrested, prosecuted, or subject to other criminal 

sanctions or civil consequences ... if: 

(2) The qualifying patient or designated provider presents his or her 

proof of registration with the department of health, to any peace officer who 

questions the patient or provider ... ; 

(3) The qualifying patient or designated provider keeps a copy of his 

or her proof of registration with the registry established in section 901 of 

this act and the qualifying patient or designated provider's contact 

information posted prominently next to any cannabis plants, cannabis 

products, or useable cannabis located at his or her residence; 

(6) The investigating peace officer has not observed evidence of 

any of the circumstances identified in section 901 (4) of this act. 

The language of this statute is clear and unambiguous: the medical use of 

cannabis is not a crime if each of the terms and conditions is complied with by either 

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State v. Reis (William Michael), No. 90281-0 

qualifying patients or designated providers. The terms and conditions are provided for 

in RCW 69.51A.040, and the terms "qualifying patient" and "designated provider" are 

defined. See RCW 69.51A.01 0. Because the terms are defined within the statute, we 

need not look outside the statute to determine their meaning. State v. Smith, 117 

Wn.2d 263, 271, 814 P.2d 652 (1991) ('"Words are given the meaning provided by the 

statute or, in the absence of specific definition, their ordinary meaning."' (quoting State 

v. Standifer, 110 Wn.2d 90, 92, 750 P.2d 258 (1988))). It follows that one who does 

not satisfy the terms and conditions, or who is not a qualifying patient or a designated 

provider, is not entitled to the enumerated protections in this statute. 

B. Chapter 69.51A RCW creates an affirmative defense to the general 

prohibition on marijuana 

The context of the statute supports our plain language interpretation. We 

interpret laws dealing with the same or similar issues by considering them together. 

Bainbridge Island Police Guild v. City of Puyallup, 172 Wn.2d 398, 423, 259 P.3d 190 

(2011 ). This is particularly relevant when analyzing exceptions-we do not analyze 

individual subsections in isolation from the other sections of the statute when doing 

so would undermine the overall statutory purpose. In re Pers. Restraint of Adams, 178 

Wn.2d 417, 424, 309 P.3d 451 (2013). 

The Controlled Substances Act makes it a crime to possess, manufacture, or 

distribute marijuana in Washington. See RCW 69.50.401-.455. The medical use of 

marijuana is an exception to this general prohibition, RCW 69.51A.020. The 

protections available through this exception vary based on a qualifying patient's or 

designated provider's adherence to the terms and conditions governing the exception. 

RCW 69.51A.040. In this context, the amended MUCA clearly establishes a tiered 

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State v. Reis (William Michael), No. 90281-0 

system of protections for compliant, qualifying users of medical marijuana: RCW 

69.51A.040 and a series of affirmative defenses for qualifying patients failing the 

requirements of RCW 69.51A.040. RCW 69.51A.043, .045, .047. 

RCW 69.51A.040 decriminalizes cannabis used for medical purposes in 

accordance with the statutory scheme. This statute affords the highest level of 

protections for qualifying patients and designated providers who use cannabis "in 

accordance with the terms and conditions of this chapter." RCW 69.51A.040. There 

are six required "terms and conditions" contained within RCW 69.51A.040. Subsection 

(1) places limits on the quantity of cannabis that a qualifying patient or designated 

provider may possess. Subsections (2) and (3) require registration with the 

Department of Health-now impossible in light of the governor's veto-and require 

that the patient keep their registration within their home and present it to inquiring 

investigating officers. Subsections (4 ), (5), and (6) require that the investigating officer 

not possess evidence that the qualifying patient or designated provider is converting 

marijuana for their own use or benefit, or otherwise violating distribution requirements 

or registration requirements. If a qualifying patient or designated provider complies 

with all of these requirements, including registration, the use of marijuana "does not 

constitute a crime." /d. 

RCW 69.51A.043 provides an affirmative defense for the medical use of 

cannabis. The legislature made the distinction between section .040 and section .043 

rest on whether the user was registered in the state registry. RCW 69.51A.040 

(expressly requiring registration and display of registration); RCW 69.51A.043(2) ("A 

qualifying patient or designated provider who is not registered with the registry ... 

11 

 	 
	 
   
		

		

State v. Reis (William Michael), No. 90281-0 

may assert an affirmative defense to charges of violations of state law relating to 

cannabis through proof at trial, by a preponderance of the evidence, that he or she 

otherwise meets the requirements of RCW 69.51A.040."). 

Reis argues that this language is ambiguous because "RCW 69.51A.040 

decriminalizes the same activity which RCW 69.51A.043 affords an affirmative 

defense." But nothing in the text of the statute enacted following the governor's veto 

supports this interpretation. Even though there is no registry, we cannot simply read 

that requirement out of the statute. See G-P Gypsum Corp. v. Dep't of Revenue, 169 

Wn.2d 304, 309, 237 P.3d 256 (201 0) ('"[s]tatutes must be interpreted and construed 

so that all the language used is given effect, with no portion rendered meaningless or 

superfluous"' (internal quotation marks omitted) (quoting State v. J.P, 149 Wn.2d 444, 

450, 69 P.3d 318 (2003))). By its language, RCW 69.51A.040 decriminalizes activities 

for individuals who have, amongst other things, registered with the Department of 

Health, while RCW 69.51A.043 provides an affirmative defense for those who have 

not registered. 

An affirmative defense admits the defendant committed a criminal act but 

pleads an excuse for doing so. State v. Votava, 149 Wn.2d 178, 187-88,66 P.3d 1050 

(2003). Reis's reading would render RCW 69.51A.043 superfluous-there is no need 

for an affirmative defense to provide an excuse for conduct that is not unlawful. See 

State v. Kurtz, 178 Wn.2d 466, 478, 309 P.3d 472 (2013) (explaining that an affirmative 

defense is necessary only when one's conduct falls outside the specific conduct 

protected under RCW 69.51A.040). Thus, Reis's argument turns the plain language 

of the statute on its head: the affirmative defense provisions are essential protections 

12 

 	 
	 
   
		

		

State v. Reis (William Michael), No. 90281-0 

for qualifying patients and designated providers because no one can enjoy the 

heightened protections of RCW 69.51A.040 in the absence of a registry. 

C. Legislative Intent 

For the reasons discussed above we hold that chapter 69.51A RCW provides 

medical marijuana patients with only an affirmative defense. Reis responds to these 

plain language arguments by asserting that RCW 69.51A.040 plainly reads, "[T]he 

medical use of cannabis ... does not constitute a crime," citing to our opinion in Kurtz, 

178 Wn.2d at 478. He also argues that the codified legislative intent of RCW 

69.51A.005 plainly articulates the purpose of the amendment and that our reading 

should give effect to this purpose. 

Kurtz addressed whether the 2011 amendments to MUCA abrogated the 

common law medical necessity defense. The court, in holding that the amendments 

did not abrogate the common law medical necessity defense, stated that "the 

legislature amended the Act making qualifying marijuana use a legal use, not simply 

an affirmative defense." /d. at 476 (emphasis added). Later in that paragraph, the court 

repeated that "[t]he 2011 amendment leg~lizing qualifying marijuana use strongly 

suggests that the Act was not intended to abrogate or supplant the common law 

[medical] necessity defense." /d. (emphasis added). Rather than interpret the statute, 

these statements mirror the language in RCW 69.51A040 that "the medical use of 

cannabis in accordance with the terms and conditions of this chapter does not 

constitute a crime." (Emphasis added.) Because registration is a requirement for 

qualifying marijuana use under RCW 69.51A.040, Kurtz does not support Reis's 

argument. 

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State v. Reis (William Michael), No. 90281-0 

Reis also argues that the legislature intended to decriminalize the medical use 

of marijuana by giving patients heightened protections from searches and arrest. This 

may be true; however, the legislative intent codified as RCW 69.51A.0056 does not 

trump the plain language of the statute to create an ambiguity. Declarations of intent 

are not controlling; instead, they serve "only as an important guide in determining the 

intended effect of the operative sections." Kilian v. Atkinson, 147 Wn.2d 16, 23, 50 

P.3d 638 (2002). This is true even when the codified intent speaks directly to the 

enacted statute. Here, the governor's veto struck 36 of the 58 original sections; the 

legislature's statement of intent speaks to a statute that was never enacted. 

Though the legislature's initial intent in passing this statute was never realized, 

Governor Gregoire articulated her intent for the surviving portions of the amendments 

in her veto message. See LAWS OF 2011, ch. 181, at 1374-76 (governor's veto 

message). Our "'fundamental objective in construing a statute is to ascertain and carry 

out the legislature's intent,"' Lake v. Woodcreek Homeowner's Ass'n, 169 Wn.2d 516, 

526, 243 P.3d 1283 (201 0) (quoting Arborwood Idaho, LLC v. City of Kennewick, 151 

6 RCW 69.51A.005(2) reads as follows: 

Therefore, the legislature intends that: 

(a) Qualifying patients with terminal or debilitating medical conditions who, 

in the judgment of their health care professionals, may benefit from the medical 

use of cannabis, shall not be arrested, prosecuted, or subject to other criminal 

sanctions or civil consequences under state law based solely on their medical 

use of cannabis, notwithstanding any other provision of law; 

(b) Persons who act as designated providers to such patients shall also not 

be arrested, prosecuted, or subject to other criminal sanctions or civil 

consequences under state law, notwithstanding any other provision of law, 

based solely on their assisting with the medical use of cannabis .... 

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State v. Reis (William Michael), No. 90281-0 

Wn.2d 359, 367, 89 P.3d 217 (2004)), and "[i]n approving or disapproving legislation, 

the Governor acts in a legislative capacity and as part of the legislative branch of 

government." Hallin v. Trent, 94 Wn.2d 671, 677, 619 P.2d 357 (1980) (quoting Shelton 

Hotel Co. v. Bates, 4 Wn.2d 498, 506, 104 P.2d 478 (1940) ("When referring to what 

the legislature intended, we must not forget that the governor ... [is] acting in a 

legislative capacity, and we cannot therefore consider the intent of the house and the 

senate apart from the intent of the governor.")). Here, the governor's veto message is 

the only statement of legislative intent speaking to the removal of the registry from the 

bill as enacted. The veto message conveys the governor's recognition that the bill will 

not provide heightened arrest and seizure protection and that qualifying patients and 

designated providers will instead be able to assert an affirmative defense. LAWS OF 

2011, ch. 181, at 1374-76 (governor's veto message). 

Governor Gregoire explained that she decided to veto the registry because she 

was "open to legislation that establishes a secure and confidential registration system 

to provide arrest and seizure protections under state law to qualifying patients .... " 

/d. at 1376. This strongly suggests that the governor recognized that this bill would 

not provide those protections. She then announced that she would veto sections 901 

and 902, stating that "[w]ithout a registry, these sections are not meaningful." /d. 

However, the governor declined to veto sections 402 and 406; these sections provide 

an affirmative defense for qualifying patients and designated providers who are not 

registered. /d. The governor explicitly recognized that these sections remain 

meaningful without a registry "[b]ecause these sections govern those who have not 

registered." /d. Thus, the legislative intent does not support Reis's argument. 

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State v. Reis (William Michael), No. 90281-0 

Applying each of these well-established principles of statutory interpretation 

leads to the conclusion that RCW 69.51A.040 does not decriminalize the medical use 

of cannabis. It is currently impossible to comply with each of the requirements in RCW 

69.51A.040 because a registry does not currently exist. Following the governor's veto, 

chapter 69.51A RCW does not provide for the heightened search and arrest 

protections that the legislature may have intended. See RCW 69.51A.005(2); E2SSB 

5073, § 101 (vetoed). Instead, qualifying patients and designated providers are 

provided with an affirmative defense and RCW 69.51A.040 establishes the elements 

for raising that defense. The possibility remains that the legislature may yet amend 

the statute to create a registry; this does not suggest that the current statute has 

multiple reasonable interpretations. It also does not suggest that the legislature 

intended to decriminalize marijuana without the benefits of a registry. 

D. We may not modify the plain and unambiguous statutory language 

Despite Reis's arguments, we do not have the authority to rewrite the statute to 

provide the enhanced protections that the legislature may have intended had it 

anticipated the governor's veto. The court is not permitted to "speculate as to what the 

legislature intended, had it foreseen the veto." Shelton Hotel Co. v. Bates, 4 Wn.2d 

498, 509, 104 P.2d 478 (1940). Instead, we are left with the statute '"to be considered 

now just as it would have been if the vetoed provisions had never been written into 

the bill at any stage of the proceedings."' /d. at 506 (quoting State ex ref. Stiner v. 

Yelle, 174 Wash. 402, 408, 25 P.2d 91 (1933)). Indeed, this situation is analogous to 

a legislative omission, a situation in which we have long recognized that 

we do not have the power to read into a statute that which we may 

believe the legislature has omitted, be it an intentional or an inadvertent 

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State v. Reis (William Michael), No. 90281-0 

omission .... [l]t would be a clear judicial usurpation of legislative power 

for us to correct that legislative oversight. 

State v. Martin, 94 Wn.2d 1, 8, 614 P.2d 164 (1980) (citations omitted). It is not this 

court's job to remove words from statutes or to create judicial fixes, even if we think 

the legislature would approve. Statutes that frustrate the purpose of others, though 

perhaps unintentionally, are "purely a legislative problem." State ex ref. Hagan v. 

Chinook Hotel, Inc., 65 Wn.2d 573, 578, 399 P.2d 8 (1965). Until the legislature 

amends the statute or creates a registry, the MUCA provides qualifying patients with 

only an affirmative defense. 

IV. The Veto Does Not Undermine Our Analysis of the Enacted Statute 

This statutory analysis has interpreted the relative statutes as if the legislature 

had written the statutes as they were enacted following the governor's veto. Nothing 

about the governor's veto changes the way we interpret these statutes. 

The governor's veto power, broadly construed since the territorial days, has 

evolved over time. See generally Wash. State Legislature v. Lowry, 131 Wn.2d 309, 

315-16, 931 P.2d 885 (1997). Initially, the governor's veto extended to full bills, 

sections of bills, and items in bills. WASH. CONST. 1889, art. Ill, § 12. This power was 

limited by the 62nd amendment in 1974. Lowry, 131 Wn.2d at 316. Today, the 

Washington Constitution confers on the governor general veto authority over 

legislation and a different "!.ine item" veto power over "appropriation items": 

If any bill presented to the governor contain several sections or 

appropriation items, he may object to one or more sections or 

appropriation items ... Provided, That he may not object to less than an 

entire section, except that if the section contain one or more 

appropriation items he may object to any such appropriation item or 

items. 

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WASH. CONST. art. Ill,§ 12 (amend. 62). Thus, under the general veto power exercised 

in this case, the governor may veto a whole bill or a section of a bill but cannot veto 

individual items or lines in bills. /d. 

Governor Gregoire lawfully vetoed 36 of the 58 sections of chapter 181. LAWS 

OF 2011, ch. 181, at 1376 (governor's veto message). She vetoed section 901 which 

would have established and monitored a state licensed medical marijuana registry, 

but did not veto references to section 901, in the amended MUCA. As a result of the 

governor's choice not to veto references to the registry, these references remain in 

the bill, codified as chapter 69.51A RCW. Therefore, we must analyze the effect that 

Governor Gregoire's veto has on the remaining references to the vetoed sections. 

Specifically, we must address the references to a state registry. 

The governor's veto completely removes the vetoed material from the 

legislation. Hallin, 94 Wn.2d at 677. The act is "'to be considered now just as it would 

have been if the vetoed provisions had never been written into the bill at any stage of 

the proceedings."' Shelton Hotel Co., 4 Wn.2d at 506 (quoting State ex ref. Stiner, 174 

Wash. at 408). Reis relies on these cases, as well as Washington Federation of State 

Employees v. State, 101 Wn.2d 536, 545, 682 P.2d 869 (1984 ), to argue that we must 

disregard not only the vetoed provisions themselves but also all remaining references 

to the vetoed sections. But this case differs from Hallin, Shelton Hotel Co., and 

Washington Federation in one major way: in those cases the disregarded language 

was actually vetoed; in this case, the references to the registry were never vetoed 

from RCW 69.51A.040. Since the references to section 901 were not vetoed from 

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State v. Reis (William Michael), No. 90281-0 

RCW 69.51A.040, we cannot disregard them. Accordingly, we reject Reis's argument 

that the medicinal use of cannabis is no longer a crime. 

Contrary to Reis's assertions, Washington Federation does not require this 

court to strike references to vetoed legislation. Washington Federation concerned a 

challenge to Governor Spellman's veto of Substitute House Bill 1226, 47th Leg., 1st 

Ex. Sess. ch. 53, at 511 (Wash. 1982). 101 Wn.2d at 538. The veto explicitly removed 

section 30 and all references to that section. /d. The petitioner in Washington 

Federation argued that the removal of the related items was a line item veto in violation 

of article Ill, section 12 of the Washington State Constitution. !d. In rejecting that 

argument, this court held: 

The veto of Governor Spellman was of an entire section and was valid. 

The deleted references to section 30 were incidentally vetoed purely as 

a ministerial act. If not deleted, the Code Reviser, pursuant to RCW 

1 .08.015(2)(m), would have taken out such "manifestly obsolete" 

references. 

/d. at 544. Thus, Washington Federation permitted the incidental veto by the executive 

branch of individual line items, despite the general prohibitions of Washington 

Constitution article Ill, section 12 (amend. 62). /d. It does not address whether a court 

must evaluate and disregard individual items of legislation that reference a vetoed 

section when those items survived the governor's veto. We decline to read these 

requirements out of the statute when they were not actually vetoed by the governor. 

Governor Gregoire's veto message carefully and deliberately distinguishes 

between references that "are not meaningful" and those that "remain meaningful" 

following her veto of the registry. But even if we believed that the governor overlooked 

these particular references, we do not have the power to edit the language of the 

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State v. Reis (William Michael), No. 90281-0 

enacted statute. In exercising the veto power, the governor is acting in a legislative 

capacity. Shelton Hotel Co., 4 Wn.2d at 506. This court does not have the authority 

to read language out of a statute, even when we believe that the statute contains 

errors or inadvertent omissions. Cf. Martin, 94 Wn.2d at 8 (court does not have the 

power to "read into a statute that which we may believe the legislature has omitted, 

be it an intentional or an inadvertent omission"). The governor's veto did not eliminate 

the statutory language requiring registration in RCW 69.51A.040, and we cannot 

eliminate that language ourselves. We instead must limit our interpretation to the 

enacted statute; we therefore regard "the excised material ... as though it had never 

been written by the legislature." Hallin, 94 Wn.2d at 678. 

V. Lawfulness of the Search Warrant 

We hold that the search was valid because the plain language of the statute 

and the legislative intent as expressed in the governor's veto message lead to the 

conclusion that a user or possessor of cannabis may raise only an affirmative defense 

under MUCA. Reis concedes that the possibility of proving the affirmative defense 

does not undermine probable cause for a search warrant. State v. Fry, 168 Wn.2d 1, 

6, 228 P.3d 1 (201 0). 

CONCLUSION 

We affirm the Court of Appeals and remand for trial consistent with this opinion. 

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(/ 

WE CONCUR. 

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