RCW 69.50.345
State liquor and cannabis board
—
Rules
—
Procedures and criteria.
The board, subject to the provisions of this chapter, must adopt rules that establish the procedures and criteria necessary to implement the following:
(1) Licensing of cannabis producers, cannabis processors, and cannabis retailers, including prescribing forms and establishing application, reinstatement, and renewal fees.
(a) Application forms for cannabis producers must request the applicant to state whether the applicant intends to produce cannabis for sale by cannabis retailers holding medical cannabis endorsements and the amount of or percentage of canopy the applicant intends to commit to growing plants determined by the department under RCW 69.50.375
to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products sold to qualifying patients.
(b) The board must reconsider and increase limits on the amount of square feet permitted to be in production on July 24, 2015, and increase the percentage of production space for those cannabis producers who intend to grow plants for cannabis retailers holding medical cannabis endorsements if the cannabis producer designates the increased production space to plants determined by the department under RCW 69.50.375
to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products to be sold to qualifying patients. If current cannabis producers do not use all the increased production space, the board may reopen the license period for new cannabis producer [producer's] license applicants but only to those cannabis producers who agree to grow plants for cannabis retailers holding medical cannabis endorsements. Priority in licensing must be given to cannabis producer [producer's] license applicants who have an application pending on July 24, 2015, but who are not yet licensed and then to new cannabis producer [producer's] license applicants. After January 1, 2017, any reconsideration of the limits on the amount of square feet permitted to be in production to meet the medical needs of qualifying patients must consider information contained in the medical cannabis authorization database established in RCW 69.51A.230
;
(2)(a) Except as provided in RCW 69.50.335, determining, in consultation with the office of financial management, the maximum number of retail outlets that may be licensed in each county, taking into consideration:
(i) Population distribution;
(ii) Security and safety issues;
(iii) The provision of adequate access to licensed sources of cannabis concentrates, useable cannabis, and cannabis-infused products to discourage purchases from the illegal market; and
(iv) The number of retail outlets holding medical cannabis endorsements necessary to meet the medical needs of qualifying patients. The board must reconsider and increase the maximum number of retail outlets it established before July 24, 2015, and allow for a new license application period and a greater number of retail outlets to be permitted in order to accommodate the medical needs of qualifying patients and designated providers. After January 1, 2017, any reconsideration of the maximum number of retail outlets needed to meet the medical needs of qualifying patients must consider information contained in the medical cannabis authorization database established in RCW 69.51A.230
.
(b)(i) In making the determination under (a) of this subsection, the board must consider written input from an incorporated city or town, or county legislative authority when evaluating concerns related to outlet density.
(ii) An incorporated city or town, or county legislative authority, may enact an ordinance prescribing outlet density limitations. An ordinance may not affect licenses issued before the effective date of the ordinance prescribing outlet density limitations.
(iii) The board may adopt rules to identify how local jurisdiction input will be evaluated;
(3) Determining the maximum quantity of cannabis a cannabis producer may have on the premises of a licensed location at any time without violating Washington state law;
(4) Determining the maximum quantities of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products a cannabis processor may have on the premises of a licensed location at any time without violating Washington state law;
(5) Determining the maximum quantities of cannabis concentrates, useable cannabis, and cannabis-infused products a cannabis retailer may have on the premises of a retail outlet at any time without violating Washington state law;
(6) In making the determinations required by this section, the board shall take into consideration:
(a) Security and safety issues;
(b) The provision of adequate access to licensed sources of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products to discourage purchases from the illegal market; and
(c) Economies of scale, and their impact on licensees' ability to both comply with regulatory requirements and undercut illegal market prices;
(7) Determining the nature, form, and capacity of all containers to be used by licensees to contain cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products, and their labeling requirements;
(8) In consultation with the department of agriculture and the department, establishing classes of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products according to grade, condition, cannabinoid profile, THC concentration, CBD concentration, or other qualitative measurements deemed appropriate by the board;
(9) Establishing reasonable time, place, and manner restrictions and requirements regarding advertising of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products that are not inconsistent with the provisions of this chapter, taking into consideration:
(a) Federal laws relating to cannabis that are applicable within Washington state;
(b) Minimizing exposure of people under 21 years of age to the advertising;
(c) The inclusion of medically and scientifically accurate information about the health and safety risks posed by cannabis use in the advertising; and
(d) Ensuring that retail outlets with medical cannabis endorsements may advertise themselves as medical retail outlets;
(10) Specifying and regulating the time and periods when, and the manner, methods, and means by which, licensees shall transport and deliver cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products within the state;
(11) In consultation with the department and the department of agriculture, prescribing methods of producing, processing, and packaging cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products; conditions of sanitation; and standards of ingredients, quality, and identity of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products produced, processed, packaged, or sold by licensees;
(12) Specifying procedures for identifying, seizing, confiscating, destroying, and donating to law enforcement for training purposes all cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products produced, processed, packaged, labeled, or offered for sale in this state that do not conform in all respects to the standards prescribed by this chapter or the rules of the board.
[
2023 c 220 s 5
; (2023 c 220 s 4 expired July 1, 2024);
2022 c 16 s 65
; (2022 c 16 s 64 expired July 1, 2024). Prior:
2019 c 393 s 2
;
2019 c 277 s 6
;
2018 c 43 s 2
;
2015 c 70 s 8
;
2013 c 3 s 10
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Effective date
—
2023 c 220 s 5:
"Section 5 of this act takes effect July 1, 2024." [
2023 c 220 s 9
.]
Expiration date
—
2023 c 220 s 4:
"Section 4 of this act expires July 1, 2024." [
2023 c 220 s 8
.]
Effective date
—
2022 c 16 ss 65 and 68:
"Sections 65 and 68 of this act take effect July 1, 2024." [
2022 c 16 s 174
.]
Expiration date
—
2022 c 16 ss 64 and 67:
"Sections 64 and 67 of this act expire July 1, 2024." [
2022 c 16 s 173
.]
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Effective date
—
2019 c 393:
"This act takes effect January 1, 2020." [
2019 c 393 s 6
.]
Intent
—
2019 c 393:
See note following RCW 69.50.346
.
Effective date
—
2019 c 277 ss 2 and 6:
See note following RCW 69.50.348
.
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.346
Labels on retail products.
(1) The label on a cannabis product package, including cannabis concentrates, useable cannabis, or cannabis-infused products, sold at retail must include:
(a) The business or trade name and Washington state unified business identifier number of the cannabis producer and processor;
(b) The lot numbers of the product;
(c) The THC concentration and CBD concentration of the product;
(d) Medically and scientifically accurate and reliable information about the health and safety risks posed by cannabis use;
(e) Language required by RCW 69.04.480
; and
(f) A disclaimer, subject to the following conditions:
(i) Where there is one statement made under subsection (2) of this section, or as described in subsection (5)(b) of this section, the disclaimer must state "This statement has not been evaluated by the State of Washington. This product is not intended to diagnose, treat, cure, or prevent any disease."; and
(ii) Where there is more than one statement made under subsection (2) of this section, or as described in subsection (5)(b) of this section, the disclaimer must state "These statements have not been evaluated by the State of Washington. This product is not intended to diagnose, treat, cure, or prevent any disease."
(2)(a) For cannabis products that have been identified by the department in rules adopted under RCW 69.50.375
(4) in chapter 246-70 WAC as being a compliant cannabis product, the product label and labeling may include a structure or function claim describing the intended role of a product to maintain the structure or any function of the body, or characterize the documented mechanism by which the product acts to maintain such structure or function, provided that the claim is truthful and not misleading.
(b) A statement made under (a) of this subsection may not claim to diagnose, mitigate, treat, cure, or prevent any disease.
(3) The labels and labeling may not be:
(a) False or misleading; or
(b) Especially appealing to children.
(4) The label is not required to include the business or trade name or Washington state unified business identifier number of, or any information about, the cannabis retailer selling the cannabis product.
(5) A cannabis product is not in violation of any Washington state law or rule of the board solely because its label or labeling contains:
(a) Directions or recommended conditions of use; or
(b) A warning describing the psychoactive effects of the cannabis product, provided that the warning is truthful and not misleading.
(6) This section does not create any civil liability on the part of the state, the board, any other state agency, officer, employee, or agent based on a cannabis licensee's description of a structure or function claim or the product's intended role under subsection (2) of this section.
(7) Nothing in this section shall apply to a drug, as defined in RCW 69.50.101, or a pharmaceutical product approved by the United States food and drug administration.
[
2023 c 365 s 4
;
2022 c 16 s 66
;
2019 c 393 s 3
;
2018 c 43 s 1
.]
NOTES:
Construction
—
2023 c 365:
See note following RCW 69.50.326
.
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Intent
—
2025 c 58; 2019 c 393:
"The legislature intends to allow additional information on the labels and labeling of cannabis products to assist consumers in making purchases of these products.
The legislature declares that labels and labeling should not make any disease claim indicating the product is intended for use in the diagnosis, treatment, cure, or prevention of any disease.
The legislature recognizes that it may be useful for a label or labeling to describe the intended role of a cannabis product that contains nutrients or other dietary ingredients, including herbs and other botanicals, to maintain a structure or function of the body, or characterize the documented mechanism by which the product acts to maintain such structure or function, provided that the claim is truthful and not misleading." [
2025 c 58 s 4009
;
2019 c 393 s 1
.]
Effective date
—
2019 c 393:
See note following RCW 69.50.345
.
RCW 69.50.348
Representative samples of cannabis, useable cannabis, or cannabis-infused products
—
Product testing
—
Fees.
(1) On a schedule determined by the board, every licensed cannabis producer and processor must submit representative samples of cannabis, useable cannabis, or cannabis-infused products produced or processed by the licensee to an independent, third-party testing laboratory meeting the accreditation requirements established by the state department of agriculture. The purpose of testing representative samples is to certify compliance with quality assurance and product standards adopted by the board under RCW 69.50.342
or the department of health under RCW 69.50.375
. In conducting tests of cannabis product samples, testing laboratories must adhere to laboratory quality standards adopted by the state department of agriculture under chapter
15.150
RCW. Any sample remaining after testing shall be destroyed by the laboratory or returned to the licensee submitting the sample.
(2) Independent, third-party testing laboratories performing cannabis product testing under subsection (1) of this section must obtain and maintain accreditation.
(3) Licensees must submit the results of inspection and testing for quality assurance and product standards required under RCW 69.50.342
to the board on a form developed by the board.
(4) If a representative sample inspected and tested under this section does not meet the applicable quality assurance and product standards established by the board then, except as otherwise provided by the board in rule, the entire lot from which the sample was taken must be destroyed.
(5) The department of agriculture may determine, assess, and collect annual fees to support the direct and indirect costs of implementing a state cannabis product testing laboratory accreditation program and laboratory quality standards program, except for the initial program development costs. The department of agriculture may establish a payment schedule requiring periodic installments of the annual fee. The department of agriculture must review and update its fee schedule biennially. The costs of cannabis product testing laboratory accreditation are those incurred by the department of agriculture in administering and enforcing the accreditation program. The costs may include, but are not limited to, the costs incurred in undertaking the following accreditation functions:
(a) Evaluating the protocols and procedures used by a laboratory;
(b) Performing on-site audits;
(c) Evaluating participation and successful completion of proficiency testing;
(d) Determining the capability of a laboratory to produce accurate and reliable test results; and
(e) Such other accreditation activities as the department of agriculture deems appropriate.
(6) The department of agriculture and the interagency coordination team created in RCW 15.150.020
must act cooperatively to ensure effective implementation and administration of this section.
(7) All fees collected under this section must be deposited in the dedicated cannabis account created in RCW 69.50.530
.
[
2024 c 69 s 2
. Prior:
2022 c 135 s 6
; (2022 c 135 s 5 expired July 1, 2024);
2022 c 16 s 68
; (2022 c 16 s 67 expired July 1, 2024);
2019 c 277 s 2
; (2019 c 277 s 1 expired July 1, 2024);
2013 c 3 s 11
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Effective date
—
2024 c 69 s 2:
"Section 2 of this act takes effect July 1, 2024." [
2024 c 69 s 4
.]
Effective date
—
2022 c 135 s 6:
"Section 6 of this act takes effect July 1, 2024." [
2022 c 135 s 8
.]
Expiration date
—
2022 c 135 s 5:
"Section 5 of this act expires July 1, 2024." [
2022 c 135 s 7
.]
Purpose
—
2022 c 135:
See note following RCW 15.150.010
.
Effective date
—
2022 c 16 ss 65 and 68:
See note following RCW 69.50.345
.
Expiration date
—
2022 c 16 ss 64 and 67:
See note following RCW 69.50.345
.
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Effective date
—
2019 c 277 ss 2 and 6:
"Sections 2 and 6 of this act take effect July 1, 2024." [
2019 c 277 s 8
.]
Expiration date
—
2019 c 277 s 1:
"Section 1 of this act expires July 1, 2024." [
2019 c 277 s 7
.]
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.351
Board members and employees
—
Conflict of interest.
Except as provided by chapter
42.52
RCW, no member of the board and no employee of the board shall have any interest, directly or indirectly, in the producing, processing, or sale of cannabis, useable cannabis, or cannabis-infused products, or derive any profit or remuneration from the sale of cannabis, useable cannabis, or cannabis-infused products other than the salary or wages payable to him or her in respect of his or her office or position, and shall receive no gratuity from any person in connection with the business.
[
2022 c 16 s 69
;
2013 c 3 s 12
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.354
Retail outlet licenses.
There may be licensed, in no greater number in each of the counties of the state than as the board shall deem advisable, retail outlets established for the purpose of making cannabis concentrates, useable cannabis, and cannabis-infused products available for sale to adults aged twenty-one and over. Retail sale of cannabis concentrates, useable cannabis, and cannabis-infused products in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed cannabis retailer or retail outlet employee, shall not be a criminal or civil offense under Washington state law.
[
2022 c 16 s 70
;
2015 c 70 s 9
;
2014 c 192 s 3
;
2013 c 3 s 13
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.357
Retail outlets
—
Rules.
(1)(a) Retail outlets may not sell products or services other than cannabis concentrates, useable cannabis, cannabis-infused products, or paraphernalia intended for the storage or use of cannabis concentrates, useable cannabis, or cannabis-infused products.
(b)(i) Retail outlets may receive lockable boxes, intended for the secure storage of cannabis products and paraphernalia, and related literature as a donation from another person or entity, that is not a cannabis producer, processor, or retailer, for donation to their customers.
(ii) Retail outlets may donate the lockable boxes and provide the related literature to any person eligible to purchase cannabis products under subsection (2) of this section. Retail outlets may not use the donation of lockable boxes or literature as an incentive or as a condition of a recipient's purchase of a cannabis product or paraphernalia.
(iii) Retail outlets may also purchase and sell lockable boxes, provided that the sales price is not less than the cost of acquisition.
(2) Licensed cannabis retailers may not employ persons under twenty-one years of age or allow persons under twenty-one years of age to enter or remain on the premises of a retail outlet. However, qualifying patients between eighteen and twenty-one years of age with a recognition card may enter and remain on the premises of a retail outlet holding a medical cannabis endorsement and may purchase products for their personal medical use. Qualifying patients who are under the age of eighteen with a recognition card and who accompany their designated providers may enter and remain on the premises of a retail outlet holding a medical cannabis endorsement, but may not purchase products for their personal medical use.
(3)(a) Licensed cannabis retailers must ensure that all employees are trained on the rules adopted to implement this chapter, identification of persons under the age of twenty-one, and other requirements adopted by the board to ensure that persons under the age of twenty-one are not permitted to enter or remain on the premises of a retail outlet.
(b) Licensed cannabis retailers with a medical cannabis endorsement must ensure that all employees are trained on the subjects required by (a) of this subsection as well as identification of authorizations and recognition cards. Employees must also be trained to permit qualifying patients who hold recognition cards and are between the ages of eighteen and twenty-one to enter the premises and purchase cannabis for their personal medical use and to permit qualifying patients who are under the age of eighteen with a recognition card to enter the premises if accompanied by their designated providers.
(4) Except for the purposes of disposal as authorized by the board, no licensed cannabis retailer or employee of a retail outlet may open or consume, or allow to be opened or consumed, any cannabis concentrates, useable cannabis, or cannabis-infused product on the outlet premises.
(5)(a) By December 31, 2024, licensed cannabis retailers shall post a conspicuous notice at the point of sale in retail outlets with information about: (i) The potential health risks and adverse health impacts that may be associated with the consumption of high THC cannabis; (ii) the potentially much higher risks that may be present for younger persons under age 25 as well as for persons who have or are at risk for developing certain mental health conditions or psychotic disorders; and (iii) where to find help in case of negative effects and resources for quitting or reducing cannabis consumption. The notice must be the same or substantially the same as the notice developed by the department of health under this subsection (5).
(b) The department of health shall develop the notice required under this section and make it available to licensed cannabis retailers. The notice must, at a minimum, identify the information specified in (a)(i) through (iii) of this subsection, and may include additional information.
(6) The board must fine a licensee one thousand dollars for each violation of any subsection of this section. Fines collected under this section must be deposited into the dedicated cannabis account created under RCW 69.50.530
.
[
2024 c 360 s 4
;
2022 c 16 s 71
. Prior:
2017 c 317 s 13
;
2017 c 131 s 1
;
2016 c 171 s 1
;
2015 2nd sp.s. c 4 s 203
;
2015 c 70 s 12
;
2014 c 192 s 4
;
2013 c 3 s 14
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Finding
—
Intent
—
2024 c 360:
"The legislature finds that there is a growing body of research evidencing that consuming cannabis with high concentrations of THC may be harmful to some people, including younger persons and persons who have or are at risk for developing certain mental health conditions or psychotic disorders. Products like THC-infused vape oils, shatter, and dabs can contain close to 100 percent THC, and may carry risks not commonly associated with consumption of useable cannabis flower or other cannabis products with relatively lower THC concentrations. In the interest of public health, the legislature intends to review studies and consider increasing the minimum legal age of sale of high THC cannabis products to age 25, and the legislature intends to require caution notices, developed by the department of health, to be posted at the point of sale in cannabis retail outlets to raise awareness about possible health impacts and risks associated with high THC cannabis. The legislature further intends to implement and study health interventions, gather data, and ensure that new research, data, and information concerning the impacts of high THC cannabis continues to be incorporated into state policy." [
2024 c 360 s 1
.]
Intent
—
2024 c 360:
"The legislature intends to provide the department of health with recurring funding available each fiscal year, beginning in fiscal year 2025, to allow the department of health to issue requests for proposals and contract for targeted public health messages and social marketing campaigns directed toward individuals most likely to suffer negative impacts of high THC products including persons under 25 years of age and persons living with mental health challenges. Messages and media campaigns funded must include information about risks, comparative dosing of cannabis products, and resources for persons seeking support for quitting or decreasing their intake of tetrahydrocannabinol. The content of public health messages and social marketing campaigns must be developed in partnership with persons targeted by the messages and campaigns and in consultation with professionals proficient in public health communication and in cannabis research." [
2024 c 360 s 2
.]
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Application
—
2017 c 317:
See notes following RCW 69.50.325
.
Effective date
—
2016 c 171:
"This act takes effect July 1, 2016." [
2016 c 171 s 2
.]
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
Effective date
—
2015 c 70 ss 12, 19, 20, 23-26, 31, 35, 40, and 49:
"Sections 12, 19, 20, 23 through 26, 31, 35, 40, and 49 of this act take effect July 1, 2016." [
2015 c 70 s 50
.]
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.360
Cannabis retailers, employees of retail outlets
—
Certain acts not criminal or civil offenses.
The following acts, when performed by a validly licensed cannabis retailer or employee of a validly licensed retail outlet in compliance with rules adopted by the board to implement and enforce chapter 3, Laws of 2013, do not constitute criminal or civil offenses under Washington state law:
(1) Purchase and receipt of cannabis concentrates, useable cannabis, or cannabis-infused products that have been properly packaged and labeled from a cannabis processor validly licensed under this chapter;
(2) Possession of quantities of cannabis concentrates, useable cannabis, or cannabis-infused products that do not exceed the maximum amounts established by the board under RCW 69.50.345
(5);
(3) Delivery, distribution, and sale, on the premises of the retail outlet, of any combination of the following amounts of cannabis concentrates, useable cannabis, or cannabis-infused product to any person 21 years of age or older:
(a) One ounce of useable cannabis;
(b) 16 ounces of cannabis-infused product in solid form;
(c) 72 ounces of cannabis-infused product in liquid form unless the cannabis-infused product in liquid form is packaged in individual units containing no more than four milligrams of THC per unit;
(d) 200 milligrams of THC within a cannabis-infused product in liquid form if the product is packaged in individual units containing no more than four milligrams of THC per unit; or
(e) Seven grams of cannabis concentrate; and
(4) Purchase and receipt of cannabis concentrates, useable cannabis, or cannabis-infused products that have been properly packaged and labeled from a federally recognized Indian tribe as permitted under an agreement between the state and the tribe entered into under RCW 43.06.490
.
[
2024 c 9 s 1
;
2022 c 16 s 72
. Prior:
2015 c 207 s 6
;
2015 c 70 s 13
;
2014 c 192 s 5
;
2013 c 3 s 15
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Intent
—
Finding
—
2015 c 207:
See note following RCW 43.06.490
.
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.363
Cannabis processors, employees
—
Certain acts not criminal or civil offenses.
The following acts, when performed by a validly licensed cannabis processor or employee of a validly licensed cannabis processor in compliance with rules adopted by the board to implement and enforce chapter 3, Laws of 2013, do not constitute criminal or civil offenses under Washington state law:
(1) Purchase and receipt of cannabis that has been properly packaged and labeled from a cannabis producer validly licensed under chapter 3, Laws of 2013;
(2) Possession, processing, packaging, and labeling of quantities of cannabis, useable cannabis, and cannabis-infused products that do not exceed the maximum amounts established by the board under RCW 69.50.345
(4);
(3) Delivery, distribution, and sale of useable cannabis or cannabis-infused products to a cannabis retailer validly licensed under chapter 3, Laws of 2013; and
(4) Delivery, distribution, and sale of useable cannabis, cannabis concentrates, or cannabis-infused products to a federally recognized Indian tribe as permitted under an agreement between the state and the tribe entered into under RCW 43.06.490
.
[
2022 c 16 s 73
;
2015 c 207 s 7
;
2013 c 3 s 16
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Intent
—
Finding
—
2015 c 207:
See note following RCW 43.06.490
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.366
Cannabis producers, employees
—
Certain acts not criminal or civil offenses.
The following acts, when performed by a validly licensed cannabis producer or employee of a validly licensed cannabis producer in compliance with rules adopted by the board to implement and enforce this chapter, do not constitute criminal or civil offenses under Washington state law:
(1) Production or possession of quantities of cannabis that do not exceed the maximum amounts established by the board under RCW 69.50.345
(3);
(2) Delivery, distribution, and sale of cannabis to a cannabis processor or another cannabis producer validly licensed under this chapter;
(3) Delivery, distribution, and sale of immature plants or clones and cannabis seeds to a licensed cannabis researcher, and to receive or purchase immature plants or clones and seeds from a licensed cannabis researcher; and
(4) Delivery, distribution, and sale of cannabis or useable cannabis to a federally recognized Indian tribe as permitted under an agreement between the state and the tribe entered into under RCW 43.06.490
.
[
2022 c 16 s 74
;
2017 c 317 s 6
;
2015 c 207 s 8
;
2013 c 3 s 17
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Application
—
2017 c 317:
See notes following RCW 69.50.325
.
Intent
—
Finding
—
2015 c 207:
See note following RCW 43.06.490
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.369
Cannabis producers, processors, researchers, retailers
—
Advertisements
—
Rules
—
Penalty.
(Effective until January 1, 2026.)
(1) No licensed cannabis producer, processor, researcher, or retailer may place or maintain, or cause to be placed or maintained, any sign or other advertisement for a cannabis business or cannabis product, including useable cannabis, cannabis concentrates, or cannabis-infused product, in any form or through any medium whatsoever within one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, or library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older.
(2) Except for the use of billboards as authorized under this section, licensed cannabis retailers may not display any signage outside of the licensed premises, other than two signs identifying the retail outlet by the licensee's business or trade name, stating the location of the business, and identifying the nature of the business. Each sign must be no larger than one thousand six hundred square inches and be permanently affixed to a building or other structure. The location and content of the retail cannabis signs authorized under this subsection are subject to all other requirements and restrictions established in this section for indoor signs, outdoor signs, and other cannabis-related advertising methods.
(3) A cannabis licensee may not utilize transit advertisements for the purpose of advertising its business or product line. "Transit advertisements" means advertising on or within private or public vehicles and all advertisements placed at, on, or within any bus stop, taxi stand, transportation waiting area, train station, airport, or any similar transit-related location.
(4) A cannabis licensee may not engage in advertising or other marketing practice that specifically targets persons residing outside of the state of Washington.
(5) All signs, billboards, or other print advertising for cannabis businesses or cannabis products must contain text stating that cannabis products may be purchased or possessed only by persons twenty-one years of age or older.
(6) A cannabis licensee may not:
(a) Take any action, directly or indirectly, to target youth in the advertising, promotion, or marketing of cannabis and cannabis products, or take any action the primary purpose of which is to initiate, maintain, or increase the incidence of youth use of cannabis or cannabis products;
(b) Use objects such as toys or inflatables, movie or cartoon characters, or any other depiction or image likely to be appealing to youth, where such objects, images, or depictions indicate an intent to cause youth to become interested in the purchase or consumption of cannabis products; or
(c) Use or employ a commercial mascot outside of, and in proximity to, a licensed cannabis business. A "commercial mascot" means live human being, animal, or mechanical device used for attracting the attention of motorists and passersby so as to make them aware of cannabis products or the presence of a cannabis business. Commercial mascots include, but are not limited to, inflatable tube displays, persons in costume, or wearing, holding, or spinning a sign with a cannabis-related commercial message or image, where the intent is to draw attention to a cannabis business or its products.
(7) A cannabis licensee that engages in outdoor advertising is subject to the advertising requirements and restrictions set forth in this subsection (7) and elsewhere in this chapter.
(a) All outdoor advertising signs, including billboards, are limited to text that identifies the retail outlet by the licensee's business or trade name, states the location of the business, and identifies the type or nature of the business. Such signs may not contain any depictions of cannabis plants, cannabis products, or images that might be appealing to children. The board is granted rule-making authority to regulate the text and images that are permissible on outdoor advertising. Such rule making must be consistent with other administrative rules generally applicable to the advertising of cannabis businesses and products.
(b) Outdoor advertising is prohibited:
(i) On signs and placards in arenas, stadiums, shopping malls, fairs that receive state allocations, farmers markets, and video game arcades, whether any of the foregoing are open air or enclosed, but not including any such sign or placard located in an adult only facility; and
(ii) Billboards that are visible from any street, road, highway, right-of-way, or public parking area are prohibited, except as provided in (c) of this subsection.
(c) Licensed retail outlets may use a billboard or outdoor sign solely for the purpose of identifying the name of the business, the nature of the business, and providing the public with directional information to the licensed retail outlet. Billboard advertising is subject to the same requirements and restrictions as set forth in (a) of this subsection.
(d) Advertising signs within the premises of a retail cannabis business outlet that are visible to the public from outside the premises must meet the signage regulations and requirements applicable to outdoor signs as set forth in this section.
(e) The restrictions and regulations applicable to outdoor advertising under this section are not applicable to:
(i) An advertisement inside a licensed retail establishment that sells cannabis products that is not placed on the inside surface of a window facing outward; or
(ii) An outdoor advertisement at the site of an event to be held at an adult only facility that is placed at such site during the period the facility or enclosed area constitutes an adult only facility, but in no event more than fourteen days before the event, and that does not advertise any cannabis product other than by using a brand name to identify the event.
(8) Merchandising within a retail outlet is not advertising for the purposes of this section.
(9) This section does not apply to a noncommercial message.
(10)(a) The board must:
(i) Adopt rules implementing this section and specifically including provisions regulating the billboards and outdoor signs authorized under this section; and
(ii) Fine a licensee one thousand dollars for each violation of this section until the board adopts rules prescribing penalties for violations of this section. The rules must establish escalating penalties including fines and up to suspension or revocation of a cannabis license for subsequent violations.
(b) Fines collected under this subsection must be deposited into the dedicated cannabis account created under RCW 69.50.530
.
(11) A city, town, or county may adopt rules of outdoor advertising by licensed cannabis retailers that are more restrictive than the advertising restrictions imposed under this chapter. Enforcement of restrictions to advertising by a city, town, or county is the responsibility of the city, town, or county.
[
2022 c 16 s 75
;
2017 c 317 s 14
;
2015 2nd sp.s. c 4 s 204
;
2013 c 3 s 18
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Application
—
2017 c 317:
See notes following RCW 69.50.325
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
PDF
RCW 69.50.369
Cannabis producers, processors, researchers, retailers
—
Advertising
—
Rules
—
Penalty.
(Effective January 1, 2026.)
(1) No licensed cannabis producer, processor, researcher, or retailer may place or maintain, or cause to be placed or maintained, any sign or other advertisement for a cannabis business or cannabis product, including useable cannabis, cannabis concentrates, or cannabis-infused product, in any form or through any medium whatsoever within one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, or library, or any game arcade admission that allows admittance of persons under the age of 21.
(2)(a) Except for the use of trade name signs and billboards as authorized under this section, licensed cannabis retailers may not display any cannabis-related advertising signage on the licensed premises, other than four signs affixed to the building of the licensed location on the side of the building with the main entrance.
(b) Each advertisement sign must be no larger than one thousand six hundred square inches and be:
(i) Affixed on the building of the licensed location on the side of the building with the main entrance; or
(ii) Hanging in the windows of the licensed location on the side of the building with the main entrance.
(c)(i) Any advertising signs that are visible to the public from the public right-of-way, whether on the building or through a window of the building, will be considered advertising for the purposes of this section.
(ii) Signs that are less than 512 square inches are not considered advertising for purposes of this section if the sign does not include any brand names, trade names, or images of any cannabis product and only indicates information including, but not limited to:
(A) Hours of operation;
(B) Business is open or closed;
(C) The presence of an ATM machine;
(D) The word "welcome";
(E) Required signs or notices; and
(F) Community notices.
(3)(a) In addition to the four signs described in subsection (2) of this section, licensed businesses may use up to two trade name signs.
(b) Trade name signs must be limited to two signs and comply with local authority regulations related to the size of signs for the city, town, or county in which the licensed cannabis retailer is located. The enforcement of the size of trade name signs and billboards is the responsibility of the city, town, or county in which the licensed cannabis retailer is located.
(c) Trade name signs may only reflect the trade name of the licensed business and may not contain cannabis products or product brand names.
(d) One of the two trade name signs may be a double-sided sign, such as a pylon sign or monolith sign, that contains identical content on each side. A double-sided sign that contains identical content on each side is considered to be one trade name sign for purposes of this section.
(4) All signage, advertising, and billboard content is prohibited if the content portrays:
(a) Alcohol or its use;
(b) Tobacco or nicotine or its use; or
(c) Any association with a motor vehicle or operation of a motor vehicle.
(5) Any cannabis-related advertising in any business licensed by the board under chapter
70.345, 82.24, or
82.26
RCW is prohibited.
(6) The location and content of the retail cannabis signs authorized under subsection (2) of this section are subject to all other requirements and restrictions established in this section for indoor signs, outdoor signs, and other cannabis-related advertising methods.
(7) Nothing in this section prohibits the use of other signage that does not represent cannabis or cannabis products, the business trade name, nature of the business, or contains only general information not related to the products or services of the cannabis business.
(8) A cannabis licensee may not utilize transit advertisements for the purpose of advertising its business or product line.
(9) A cannabis licensee may not engage in advertising or other marketing practice that specifically targets persons residing outside of the state of Washington.
(10) Any advertisement for a cannabis business or cannabis products, regardless of the form of medium used, must contain text indicating that only persons 21 years of age or older may purchase or possess cannabis products. The text must be of a reasonable size to be easily read by consumers. This subsection does not apply to trade name signs.
(11) A cannabis licensee may not:
(a) Take any action, directly or indirectly, to target youth in the advertising, promotion, or marketing of cannabis and cannabis products, or take any action the primary purpose of which is to initiate, maintain, or increase the incidence of youth use of cannabis or cannabis products;
(b) Use objects such as toys or inflatables, movie or cartoon characters, or any other depiction or image likely to be appealing to persons under 21 years of age, where such objects, images, or depictions indicate an intent to cause youth to become interested in the purchase or consumption of cannabis products;
(c) Use or employ a commercial mascot outside of, and in proximity to, a licensed cannabis business; or
(d) Advertise, offer for sale, or sell cannabis at less than acquisition cost. This subsection does not apply to any sales made for a product designated for medical cannabis use by qualifying patients as defined in RCW 69.51A.010
.
(12) A cannabis licensee that engages in outdoor advertising is subject to the advertising requirements and restrictions set forth in this subsection and elsewhere in this chapter.
(a) All outdoor advertising signs, including billboards, are limited to text that identifies the retail outlet by the licensee's business or trade name, states the location of the business, and identifies the type or nature of the business. Such signs may not contain any depictions of cannabis plants, cannabis products, or images that might be appealing to children. The board is granted rule-making authority to regulate the text and images that are permissible on outdoor advertising. Such rule making must be consistent with other administrative rules generally applicable to the advertising of cannabis businesses and products.
(b) Outdoor advertising is prohibited:
(i) On signs and placards in arenas, stadiums, shopping malls, fairs that receive state allocations, farmers markets, and video game arcades, whether any of the foregoing are open air or enclosed, but not including any such sign or placard located in an age-restricted area classified by the board as off-limits to persons under 21 years of age; and
(ii) Billboards that are visible from any street, road, highway, right-of-way, or public parking area are prohibited, except as provided in (c) of this subsection.
(c) Licensed retail outlets may use a billboard or outdoor sign solely for the purpose of identifying the name of the business, the nature of the business, and providing the public with directional information to the licensed retail outlet. Billboard advertising is subject to the same requirements and restrictions as set forth in (a) of this subsection.
(d) Advertising signs within the premises of a retail cannabis business outlet that are clearly visible to the public from outside the premises must meet the signage regulations and requirements applicable to outdoor signs as set forth in this section.
(e) The restrictions and regulations applicable to outdoor advertising under this section are not applicable to:
(i) An advertisement inside a licensed retail establishment that sells cannabis products that is not placed on the inside surface of a window facing outward; or
(ii) An outdoor advertisement at the site of an event to be held in an area classified by the board as off-limits to persons under 21 years of age that is placed at such site during the period the facility or enclosed area is classified as age-restricted by the board, but in no event more than fourteen days before the event, and that does not advertise any cannabis product other than by using a brand name to identify the event.
(13) Placement of products within a retail outlet is not advertising for the purposes of this section.
(14) This section does not apply to a noncommercial message.
(15) "Adopt-a-Highway" signs erected by the Washington state department of transportation under a current valid sponsorship with the department of transportation are not considered advertising for the purposes of this section.
(16)(a) The board must:
(i) Adopt rules implementing this section and specifically including provisions regulating the billboards and outdoor signs authorized under this section; and
(ii) Fine a licensee one thousand dollars for each violation of this section until the board adopts rules prescribing penalties for violations of this section. The rules must establish escalating penalties including fines and up to suspension or revocation of a cannabis license for subsequent violations.
(b) Fines collected under this subsection must be deposited into the dedicated cannabis account created under RCW 69.50.530
.
(17) A city, town, or county may adopt rules of outdoor advertising by licensed cannabis retailers that are more restrictive than the advertising restrictions imposed under this chapter. Enforcement of restrictions to advertising by a city, town, or county is the responsibility of the city, town, or county.
(18) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Commercial mascot" means a live human being, animal, or mechanical device used for attracting the attention of motorists and passersby so as to make them aware of cannabis products or the presence of a cannabis business. Commercial mascots include, but are not limited to, inflatable tube displays, persons in costume, or wearing, holding, or spinning a sign with a cannabis-related commercial message or image, where the intent is to draw attention to a cannabis business or its products.
(b) "Trade name" means the name as it appears on the license issued to the licensee.
(c) "Transit advertisements" means advertising on or within private or public vehicles and all advertisements placed at, on, or within any bus stop, taxi stand, transportation waiting area, train station, airport, or any similar transit-related location.
[
2025 c 378 s 1
;
2022 c 16 s 75
;
2017 c 317 s 14
;
2015 2nd sp.s. c 4 s 204
;
2013 c 3 s 18
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Effective date
—
2025 c 378:
"This act takes effect January 1, 2026." [
2025 c 378 s 2
.]
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Application
—
2017 c 317:
See notes following RCW 69.50.325
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.372
Cannabis research license.
(1) A cannabis research license is established that permits a licensee to produce, process, and possess cannabis for the following limited research purposes:
(a) To test chemical potency and composition levels;
(b) To conduct clinical investigations of cannabis-derived drug products;
(c) To conduct research on the efficacy and safety of administering cannabis as part of medical treatment; and
(d) To conduct genomic or agricultural research.
(2) As part of the application process for a cannabis research license, an applicant must submit to the board's designated scientific reviewer a description of the research that is intended to be conducted. The board must select a scientific reviewer to review an applicant's research project and determine that it meets the requirements of subsection (1) of this section, as well as assess the following:
(a) Project quality, study design, value, or impact;
(b) Whether applicants have the appropriate personnel, expertise, facilities/infrastructure, funding, and human/animal/other federal approvals in place to successfully conduct the project; and
(c) Whether the amount of cannabis to be grown by the applicant is consistent with the project's scope and goals.
If the scientific reviewer determines that the research project does not meet the requirements of subsection (1) of this section, the application must be denied.
(3) A cannabis research licensee may only sell cannabis grown or within its operation to other cannabis research licensees. The board may revoke a cannabis research license for violations of this subsection.
(4) A cannabis research licensee may contract with the University of Washington or Washington State University to perform research in conjunction with the university. All research projects, not including those projects conducted pursuant to a contract entered into under RCW 28B.20.502
(3), must be approved by the scientific reviewer and meet the requirements of subsection (1) of this section.
(5) In establishing a cannabis research license, the board may adopt rules on the following:
(a) Application requirements;
(b) Cannabis research license renewal requirements, including whether additional research projects may be added or considered;
(c) Conditions for license revocation;
(d) Security measures to ensure cannabis is not diverted to purposes other than research;
(e) Amount of plants, useable cannabis, cannabis concentrates, or cannabis-infused products a licensee may have on its premises;
(f) Licensee reporting requirements;
(g) Conditions under which cannabis grown by licensed cannabis producers and other product types from licensed cannabis processors may be donated to cannabis research licensees; and
(h) Additional requirements deemed necessary by the board.
(6) The production, processing, possession, delivery, donation, and sale of cannabis, including immature plants or clones and seeds, in accordance with this section, RCW 69.50.366
(3), and the rules adopted to implement and enforce this section and RCW 69.50.366
(3), by a validly licensed cannabis researcher, shall not be a criminal or civil offense under Washington state law. Every cannabis research license must be issued in the name of the applicant, must specify the location at which the cannabis researcher intends to operate, which must be within the state of Washington, and the holder thereof may not allow any other person to use the license.
(7) The application fee for a cannabis research license is two hundred fifty dollars. The annual fee for issuance and renewal of a cannabis research license is one thousand three hundred dollars. The applicant must pay the cost of the review process directly to the scientific reviewer as designated by the board.
(8) The scientific reviewer shall review any reports made by cannabis research licensees under board rule and provide the board with its determination on whether the research project continues to meet research qualifications under this section.
(9) For the purposes of this section, "scientific reviewer" means an organization that convenes or contracts with persons who have the training and experience in research practice and research methodology to determine whether a project meets the criteria for a cannabis research license under this section and to review any reports submitted by cannabis research licensees under board rule. "Scientific reviewers" include, but are not limited to, educational institutions, research institutions, peer review bodies, or such other organizations that are focused on science or research in its day-to-day activities.
[
2022 c 16 s 76
. Prior:
2017 c 317 s 3
;
2017 c 316 s 3
;
2016 sp.s. c 9 s 1
;
2015 2nd sp.s. c 4 s 1501
;
2015 c 71 s 1
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Application
—
2017 c 317:
See notes following RCW 69.50.325
.
Effective date
—
2017 c 316:
See note following RCW 69.50.325
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
RCW 69.50.375
Cannabis retailers
—
Medical cannabis endorsement.
(1) A medical cannabis endorsement to a cannabis retail license is hereby established to permit a cannabis retailer to sell cannabis for medical use to qualifying patients and designated providers. This endorsement also permits such retailers to provide cannabis at no charge, at their discretion, to qualifying patients and designated providers.
(2) An applicant may apply for a medical cannabis endorsement concurrently with an application for a cannabis retail license.
(3) To be issued an endorsement, a cannabis retailer must:
(a) Not authorize the medical use of cannabis for qualifying patients at the retail outlet or permit health care professionals to authorize the medical use of cannabis for qualifying patients at the retail outlet;
(b) Carry cannabis concentrates and cannabis-infused products identified by the department under subsection (4) of this section;
(c) Not use labels or market cannabis concentrates, useable cannabis, or cannabis-infused products in a way that make them intentionally attractive to minors;
(d) Demonstrate the ability to enter qualifying patients and designated providers in the medical cannabis authorization database established in RCW 69.51A.230
and issue recognition cards and agree to enter qualifying patients and designated providers into the database and issue recognition cards in compliance with department standards;
(e) Keep copies of the qualifying patient's or designated provider's recognition card, or keep equivalent records as required by rule of the board or the department of revenue to document the validity of tax exempt sales; and
(f) Meet other requirements as adopted by rule of the department or the board.
(4) The department, in conjunction with the board, must adopt rules on requirements for cannabis concentrates, useable cannabis, and cannabis-infused products that may be sold, or provided at no charge, to qualifying patients or designated providers at a retail outlet holding a medical cannabis endorsement. These rules must include:
(a) THC concentration, CBD concentration, or low THC, high CBD ratios appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products sold to qualifying patients or designated providers;
(b) Labeling requirements including that the labels attached to cannabis concentrates, useable cannabis, or cannabis-infused products contain THC concentration, CBD concentration, and THC to CBD ratios;
(c) Other product requirements, including any additional mold, fungus, or pesticide testing requirements, or limitations to the types of solvents that may be used in cannabis processing that the department deems necessary to address the medical needs of qualifying patients;
(d) Safe handling requirements for cannabis concentrates, useable cannabis, or cannabis-infused products; and
(e) Training requirements for employees.
(5) A cannabis retailer holding an endorsement to sell cannabis to qualifying patients or designated providers must train its employees on:
(a) Procedures regarding the recognition of valid authorizations and the use of equipment to enter qualifying patients and designated providers into the medical cannabis authorization database;
(b) Recognition of valid recognition cards; and
(c) Recognition of strains, varieties, THC concentration, CBD concentration, and THC to CBD ratios of cannabis concentrates, useable cannabis, and cannabis-infused products, available for sale when assisting qualifying patients and designated providers at the retail outlet.
[
2022 c 16 s 77
;
2015 c 70 s 10
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
RCW 69.50.378
Cannabis retailer holding medical cannabis endorsement
—
THC concentration in products.
A cannabis retailer or a cannabis retailer holding a medical cannabis endorsement may sell products with a THC concentration of 0.3 percent or less. Cannabis retailers holding a medical cannabis endorsement may also provide these products at no charge to qualifying patients or designated providers.
[
2022 c 16 s 78
;
2015 c 70 s 11
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
RCW 69.50.380
Cannabis producers, processors, retailers prohibited from making certain sales of cannabis, cannabis products.
(1) Cannabis producers, processors, and retailers are prohibited from making sales of any cannabis or cannabis product, if the sale of the cannabis or cannabis product is conditioned upon the buyer's purchase of any service or noncannabis product. This subsection applies whether the buyer purchases such service or noncannabis product at the time of sale of the cannabis or cannabis product, or in a separate transaction.
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Cannabis product" means "useable cannabis," "cannabis concentrates," and "cannabis-infused products," as those terms are defined in RCW 69.50.101
.
(b) "Noncannabis product" includes paraphernalia, promotional items, lighters, bags, boxes, containers, and such other items as may be identified by the board.
(c) "Selling price" has the same meaning as in RCW 69.50.535
.
(d) "Service" includes memberships and any other services identified by the board.
[
2022 c 16 s 79
;
2015 2nd sp.s. c 4 s 211
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
RCW 69.50.382
Common carriers
—
Transportation or delivery of cannabis, useable cannabis, cannabis concentrates, immature plants or clones, cannabis seeds, and cannabis-infused products
—
Employees prohibited from carrying or using firearm during such services
—
Exceptions
—
Use of state ferry routes.
(1) A licensed cannabis producer, cannabis processor, cannabis researcher, or cannabis retailer, or their employees, in accordance with the requirements of this chapter and the administrative rules adopted thereunder, may use the services of a common carrier subject to regulation under chapters
81.28
and
81.29
RCW and licensed in compliance with the regulations established under RCW 69.50.385, to physically transport or deliver, as authorized under this chapter, cannabis, useable cannabis, cannabis concentrates, immature plants or clones, cannabis seeds, and cannabis-infused products between licensed cannabis businesses located within the state.
(2) An employee of a common carrier engaged in cannabis-related transportation or delivery services authorized under subsection (1) of this section is prohibited from carrying or using a firearm during the course of providing such services, unless:
(a) Pursuant to RCW 69.50.385, the board explicitly authorizes the carrying or use of firearms by such employee while engaged in the transportation or delivery services;
(b) The employee has an armed private security guard license issued pursuant to RCW 18.170.040
; and
(c) The employee is in full compliance with the regulations established by the board under RCW 69.50.385
.
(3) A common carrier licensed under RCW 69.50.385
may, for the purpose of transporting and delivering cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products, utilize Washington state ferry routes for such transportation and delivery.
(4) The possession of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW 69.50.385
(3), by a licensed employee of a common carrier when performing the duties authorized under, and in accordance with, this section and RCW 69.50.385, is not a violation of this section, this chapter, or any other provision of Washington state law.
[
2022 c 16 s 80
;
2017 c 317 s 7
;
2015 2nd sp.s. c 4 s 501
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Application
—
2017 c 317:
See notes following RCW 69.50.325
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
RCW 69.50.385
Common carriers
—
Licensing
—
State liquor and cannabis board to adopt rules.
(1) The board must adopt rules providing for an annual licensing procedure of a common carrier who seeks to transport or deliver cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products within the state.
(2) The rules for licensing must:
(a) Establish criteria for considering the approval or denial of a common carrier's original application or renewal application;
(b) Provide minimum qualifications for any employee authorized to drive or operate the transportation or delivery vehicle, including a minimum age of at least twenty-one years;
(c) Address the safety of the employees transporting or delivering the products, including issues relating to the carrying of firearms by such employees;
(d) Address the security of the products being transported, including a system of electronically tracking all products at both the point of pickup and the point of delivery; and
(e) Set reasonable fees for the application and licensing process.
(3) The board may adopt rules establishing the maximum amounts of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products that may be physically transported or delivered at one time by a common carrier as provided under RCW 69.50.382
.
[
2022 c 16 s 81
;
2015 2nd sp.s. c 4 s 502
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
RCW 69.50.390
Licensed retailers prohibited from operating vending machines, drive-through purchase facilities for the sale of cannabis products.
(1) A retailer licensed under this chapter is prohibited from operating a vending machine, as defined in RCW 82.08.080
(3) for the sale of cannabis products at retail or a drive-through purchase facility where cannabis products are sold at retail and dispensed through a window or door to a purchaser who is either in or on a motor vehicle or otherwise located outside of the licensed premises at the time of sale.
(2) The board may not issue, transfer, or renew a cannabis retail license for any licensee in violation of the provisions of subsection (1) of this section.
[
2022 c 16 s 82
;
2015 2nd sp.s. c 4 s 1301
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
RCW 69.50.395
Licensed cannabis businesses, agreements
—
Disclosure to state liquor and cannabis board.
(1) A licensed cannabis business may enter into an agreement with any person, business, or other entity for:
(a) Any goods or services that are registered as a trademark under federal law, under chapter
19.77
RCW, or under any other state or international trademark law;
(b) Any unregistered trademark, trade name, or trade dress; or
(c) Any trade secret, technology, or proprietary information used to manufacture a cannabis product or used to provide a service related to any cannabis business.
(2) Any agreements entered into by a licensed cannabis business, as authorized under this section, must be disclosed to the board and may include:
(a) A royalty fee or flat rate calculated based on sales of each product that includes the intellectual property or was manufactured or sold using the licensed intellectual property or service, provided that the royalty fee is no greater than an amount equivalent to ten percent of the licensed cannabis business's gross sales derived from the sale of such product;
(b) A flat rate or lump sum calculated based on time or milestones;
(c) Terms giving either party exclusivity or qualified exclusivity as it relates to use of the intellectual property;
(d) Quality control standards as necessary to protect the integrity of the intellectual property;
(e) Enforcement obligations to be undertaken by the licensed cannabis business;
(f) Covenants to use the licensed intellectual property; and
(g) Assignment of licensor improvements of the intellectual property.
(3) A person, business, or entity that enters into an agreement with a licensed cannabis business, where both parties to the agreement are in compliance with the terms of this section, is exempt from the requirement to qualify for a cannabis business license for purposes of the agreements authorized by subsection (1) of this section.
(4) All agreements entered into by a licensed cannabis business, as authorized by this section, are subject to the board's recordkeeping requirements as established by rule.
[
2022 c 16 s 83
;
2019 c 380 s 1
;
2017 c 317 s 16
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Application
—
2017 c 317:
See notes following RCW 69.50.325
.
RCW 69.50.401
Prohibited acts: A
—
Penalties.
(1) Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.
(2) Any person who violates this section with respect to:
(a) A controlled substance classified in Schedule I or II which is a narcotic drug or flunitrazepam, including its salts, isomers, and salts of isomers, classified in Schedule IV, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, or (i) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (ii) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine;
(b) Amphetamine, including its salts, isomers, and salts of isomers, or methamphetamine, including its salts, isomers, and salts of isomers, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, or (i) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (ii) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine, including its salts, isomers, and salts of isomers. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost;
(c) Any other controlled substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter
9A.20
RCW, except as provided in RCW 69.50.475
;
(d) A substance classified in Schedule IV, except flunitrazepam, including its salts, isomers, and salts of isomers, is guilty of a class C felony punishable according to chapter
9A.20
RCW; or
(e) A substance classified in Schedule V, is guilty of a class C felony punishable according to chapter
9A.20
RCW.
(3) The production, manufacture, processing, packaging, delivery, distribution, sale, or possession of cannabis in compliance with the terms set forth in RCW 69.50.360, 69.50.363, or
69.50.366
shall not constitute a violation of this section, this chapter, or any other provision of Washington state law.
(4) The fines in this section apply to adult offenders only.
[
2022 c 16 s 84
;
2019 c 379 s 2
;
2015 c 265 s 34
;
2013 c 3 s 19
(Initiative Measure No. 502, approved November 6, 2012);
2005 c 218 s 1
;
2003 c 53 s 331
. Prior:
1998 c 290 s 1
;
1998 c 82 s 2
;
1997 c 71 s 2
;
1996 c 205 s 2
;
1989 c 271 s 104
;
1987 c 458 s 4
;
1979 c 67 s 1
;
1973 2nd ex.s. c 2 s 1
;
1971 ex.s. c 308 s 69.50.401
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Finding
—
Intent
—
2015 c 265:
See note following RCW 13.50.010
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Application
—
1998 c 290:
"This act applies to crimes committed on or after July 1, 1998." [
1998 c 290 s 9
.]
Effective date
—
1998 c 290:
"This act takes effect July 1, 1998." [
1998 c 290 s 10
.]
Severability
—
1998 c 290:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1998 c 290 s 11
.]
Application
—
1989 c 271 ss 101-111:
See note following RCW 9.94A.510
.
Severability
—
1989 c 271:
See note following RCW 9.94A.510
.
Severability
—
1987 c 458:
See note following RCW 48.21.160
.
Serious drug offenders, notice of release or escape: RCW 72.09.710
.
RCW 69.50.4011
Counterfeit substances
—
Penalties
—
Referral to assessment and services.
(1) Except as authorized by this chapter, it is unlawful for any person to:
(a) Create or deliver a counterfeit substance;
(b) Knowingly possess a counterfeit substance; or
(c) Knowingly use a counterfeit substance in a public place.
(2) Any person who violates subsection (1)(a) of this section with respect to:
(a) A counterfeit substance classified in Schedule I or II which is a narcotic drug, or flunitrazepam classified in Schedule IV, is guilty of a class B felony and upon conviction may be imprisoned for not more than 10 years, fined not more than $25,000, or both;
(b) A counterfeit substance which is methamphetamine, is guilty of a class B felony and upon conviction may be imprisoned for not more than 10 years, fined not more than $25,000, or both;
(c) Any other counterfeit substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter
9A.20
RCW;
(d) A counterfeit substance classified in Schedule IV, except flunitrazepam, is guilty of a class C felony punishable according to chapter
9A.20
RCW;
(e) A counterfeit substance classified in Schedule V, is guilty of a class C felony punishable according to chapter
9A.20
RCW.
(3)(a) A violation of subsection (1)(b) or (c) of this section is a gross misdemeanor punishable by imprisonment of up to 180 days, or by a fine of not more than $1,000, or by both such imprisonment and fine, however, if the defendant has two or more prior convictions under subsection (1)(b) or (c) of this section occurring after July 1, 2023, a violation of subsection (1)(b) or (c) of this section is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services.
(b) No person may be charged under both subsection (1)(b) and (c) of this section relating to the same course of conduct.
(c) In lieu of jail booking and referral to the prosecutor, law enforcement is encouraged to offer a referral to assessment and services available under RCW 10.31.110
or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW 36.28A.450, law enforcement assisted diversion programs established under RCW 71.24.589, and the recovery navigator program established under RCW 71.24.115
.
(4) For the purposes of this section, "public place" has the same meaning as defined in RCW 66.04.010, but the exclusions in RCW 66.04.011
do not apply.
(5) For the purposes of this section, "use a counterfeit substance" means to introduce the substance into the human body by injection, inhalation, ingestion, or any other means.
[
2023 sp.s. c 1 s 1
; (2021 c 311 s 8 expired July 1, 2023);
2003 c 53 s 332
.]
NOTES:
Effective date
—
2023 sp.s. c 1 ss 1-5, 7-11, and 41:
"Sections 1 through 5, 7 through 11, and 41 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2023." [
2023 sp.s. c 1 s 42
.]
Expiration date
—
2023 sp.s. c 1; 2021 c 311 ss 8-10 and 12:
"Sections 8 through 10 and 12 of this act expire July 1, 2023." [
2023 sp.s. c 1 s 41
;
2021 c 311 s 29
.]
Effective date
—
2021 c 311 ss 1-11 and 13-21:
See note following RCW 71.24.115
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
RCW 69.50.4012
Delivery of substance in lieu of controlled substance
—
Penalty.
(1) It is unlawful, except as authorized in this chapter and chapter
69.41
RCW, for any person to offer, arrange, or negotiate for the sale, gift, delivery, dispensing, distribution, or administration of a controlled substance to any person and then sell, give, deliver, dispense, distribute, or administer to that person any other liquid, substance, or material in lieu of such controlled substance.
(2) Any person who violates this section is guilty of a class C felony punishable according to chapter
9A.20
RCW.
[
2003 c 53 s 333
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
RCW 69.50.4013
Possession, use of controlled substance
—
Penalty
—
Referral to assessment and services
—
Possession of useable cannabis, cannabis concentrates, or cannabis-infused products
—
Delivery.
(1) Except as otherwise authorized by this chapter, it is unlawful for any person to:
(a) Knowingly possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice; or
(b) Knowingly use a controlled substance in a public place, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice.
(2)(a) Except as provided in RCW 69.50.4014
or
69.50.445, a violation of subsection (1)(a) or (b) of this section is a gross misdemeanor punishable by imprisonment of up to 180 days in jail, or by a fine of not more than $1,000, or by both such imprisonment and fine, however, if the defendant has two or more prior convictions under subsection (1)(a) or (b) of this section occurring after July 1, 2023, a violation of subsection (1)(a) or (b) of this section is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services.
(b) No person may be charged under both subsection (1)(a) and (b) of this section relating to the same course of conduct.
(c) In lieu of jail booking and referral to the prosecutor, law enforcement is encouraged to offer a referral to assessment and services available under RCW 10.31.110
or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW 36.28A.450, law enforcement assisted diversion programs established under RCW 71.24.589, and the recovery navigator program established under RCW 71.24.115
.
(3)(a) The possession, by a person 21 years of age or older, of useable cannabis, cannabis concentrates, or cannabis-infused products in amounts that do not exceed those set forth in RCW 69.50.360
(3) is not a violation of this section, this chapter, or any other provision of Washington state law.
(b) The possession of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW 69.50.385
(3), by a licensed employee of a common carrier when performing the duties authorized in accordance with RCW 69.50.382
and
69.50.385, is not a violation of this section, this chapter, or any other provision of Washington state law.
(4)(a) The delivery by a person 21 years of age or older to one or more persons 21 years of age or older, during a single 24 hour period, for noncommercial purposes and not conditioned upon or done in connection with the provision or receipt of financial consideration, of any of the following cannabis products, is not a violation of this section, this chapter, or any other provisions of Washington state law:
(i) One-half ounce of useable cannabis;
(ii) Eight ounces of cannabis-infused product in solid form;
(iii) 36 ounces of cannabis-infused product in liquid form unless the cannabis-infused product in liquid form is packaged in individual units containing no more than four milligrams of THC per unit;
(iv) 100 milligrams of THC within a cannabis-infused product in liquid form if the product is packaged in individual units containing no more than four milligrams of THC per unit; or
(v) Three and one-half grams of cannabis concentrates.
(b) The act of delivering cannabis or a cannabis product as authorized under this subsection (4) must meet one of the following requirements:
(i) The delivery must be done in a location outside of the view of general public and in a nonpublic place; or
(ii) The cannabis or cannabis product must be in the original packaging as purchased from the cannabis retailer.
(5) No person under 21 years of age may manufacture, sell, distribute, or knowingly possess cannabis, cannabis-infused products, or cannabis concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.
(6) The possession by a qualifying patient or designated provider of cannabis concentrates, useable cannabis, cannabis-infused products, or plants in accordance with chapter
69.51A
RCW is not a violation of this section, this chapter, or any other provision of Washington state law.
(7) For the purposes of this section, "public place" has the same meaning as defined in RCW 66.04.010, but the exclusions in RCW 66.04.011
do not apply.
(8) For the purposes of this section, "use a controlled substance" means to introduce the substance into the human body by injection, inhalation, ingestion, or any other means.
[
2024 c 9 s 2
;
2023 sp.s. c 1 s 2
;
2022 c 16 s 86
; (2022 c 16 s 85 expired July 1, 2023); (2021 c 311 s 9 expired July 1, 2023);
2017 c 317 s 15
;
2015 2nd sp.s. c 4 s 503
;
2015 c 70 s 14
;
2013 c 3 s 20
(Initiative Measure No. 502, approved November 6, 2012);
2003 c 53 s 334
.]
NOTES:
Effective date
—
2023 sp.s. c 1 ss 1-5, 7-11, and 41:
See note following RCW 69.50.4011
.
Effective date
—
2022 c 16 ss 5, 9, 86, and 88:
"Sections 5, 9, 86, and 88 of this act take effect July 1, 2023." [
2022 c 16 s 172
.]
Expiration date
—
2022 c 16 ss 4, 8, 85, and 87:
"Sections 4, 8, 85, and 87 of this act expire July 1, 2023." [
2022 c 16 s 171
.]
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Effective date
—
2021 c 311 ss 1-11 and 13-21:
See note following RCW 71.24.115
.
Expiration date
—
2021 c 311 ss 8-10 and 12:
See note following RCW 69.50.4011
.
Findings
—
Application
—
2017 c 317:
See notes following RCW 69.50.325
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
RCW 69.50.4014
Possession of forty grams or less of cannabis
—
Penalty
—
Referral to assessment and services.
(1) Except as provided in RCW 69.50.401
(2)(c) or as otherwise authorized by this chapter, any person found guilty of knowing possession of 40 grams or less of cannabis is guilty of a misdemeanor. The prosecutor is encouraged to divert cases under this section for assessment, treatment, or other services.
(2) In lieu of jail booking and referral to the prosecutor, law enforcement is encouraged to offer a referral to assessment and services available under RCW 10.31.110
or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW 36.28A.450, law enforcement assisted diversion programs established under RCW 71.24.589, and the recovery navigator program established under RCW 71.24.115
.
[
2023 sp.s. c 1 s 3
;
2022 c 16 s 88
; (2022 c 16 s 87 expired July 1, 2023); (2021 c 311 s 10 expired July 1, 2023);
2015 2nd sp.s. c 4 s 505
;
2003 c 53 s 335
.]
NOTES:
Effective date
—
2023 sp.s. c 1 ss 1-5, 7-11, and 41:
See note following RCW 69.50.4011
.
Effective date
—
2022 c 16 ss 5, 9, 86, and 88:
See note following RCW 69.50.4013
.
Expiration date
—
2022 c 16 ss 4, 8, 85, and 87:
See note following RCW 69.50.4013
.
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Effective date
—
2021 c 311 ss 1-11 and 13-21:
See note following RCW 71.24.115
.
Expiration date
—
2021 c 311 ss 8-10 and 12:
See note following RCW 69.50.4011
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
RCW 69.50.4015
Involving a person under eighteen in unlawful controlled substance transaction
—
Penalty.
(1) It is unlawful to compensate, threaten, solicit, or in any other manner involve a person under the age of eighteen years in a transaction unlawfully to manufacture, sell, or deliver a controlled substance.
(2) A violation of this section is a class C felony punishable according to chapter
9A.20
RCW.
[
2003 c 53 s 336
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
RCW 69.50.4016
Provisions not applicable to offenses under RCW 69.50.410
.
RCW 69.50.401
through
69.50.4015
shall not apply to offenses defined and punishable under the provisions of RCW 69.50.410
.
[
2003 c 53 s 337
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
RCW 69.50.4017
Alternatives to prosecution
—
Pretrial diversion.
(1) Nothing in this section prevents the defendant, with the consent of the prosecuting attorney as required by RCW 2.30.030, from seeking to resolve charges under RCW 69.50.4011
(1) (b) or (c), 69.50.4013, 69.50.4014, or
69.41.030
(2) (b) or (c) through available therapeutic courts or other alternatives to prosecution including, but not limited to, a stipulated order of continuance or deferred prosecution. Nothing in this section prevents the defendant or the prosecuting attorney from seeking or agreeing to, or the court from ordering, any other resolution of charges or terms of supervision that suit the circumstances of the defendant's situation and advance stabilization, recovery, crime reduction, and justice.
(2) In any jurisdiction with a recovery navigator program established under RCW 71.24.115, an arrest and jail alternative program established under RCW 36.28A.450, or a law enforcement assisted diversion program established under RCW 71.24.589, any defendant charged with a violation of RCW 69.50.4011
(1) (b) or (c), 69.50.4013, 69.50.4014, or
69.41.030
(2) (b) or (c) may make a motion to participate in pretrial diversion and agree to waive his or her right to a speedy trial if the motion is granted, subject to the following:
(a) In any case where the defendant is only charged with a violation of RCW 69.50.4011
(1) (b) or (c), 69.50.4013, 69.50.4014, or
69.41.030
(2) (b) or (c), and the defendant has not been convicted of any offenses committed after July 1, 2023, the court shall grant the motion, continue the hearing, and refer the defendant to a recovery navigator program established under RCW 71.24.115, an arrest and jail alternative program established under RCW 36.28A.450, or a law enforcement assisted diversion program established under RCW 71.24.589
.
(b) In any case where the defendant does not meet the criteria described in (a) of this subsection, the court may grant the motion, continue the hearing, and refer the defendant to a recovery navigator program established under RCW 71.24.115, an arrest and jail alternative program established under RCW 36.28A.450, or a law enforcement assisted diversion program established under RCW 71.24.589
.
(c) In all cases, the court may not grant the motion unless the prosecuting attorney consents to the defendant's participation in pretrial diversion. The prosecuting attorney is strongly encouraged to agree to diversion in any case where the defendant is only charged with a violation of RCW 69.50.4011
(1) (b) or (c), 69.50.4013, 69.50.4014, or
69.41.030
(2) (b) or (c). The prosecuting attorney may divert additional charges related to substance use disorder for nonfelony offenses that are not crimes against persons.
(3) Prior to granting the defendant's motion to participate in pretrial diversion under this section, the court shall provide the defendant and the defendant's counsel with the following information:
(a) A full description of the procedures for pretrial diversion;
(b) A general explanation of the roles and authority of the probation department, the prosecuting attorney, the recovery navigator program under RCW 71.24.115, arrest and jail alternative program under RCW 36.28A.450, or law enforcement assisted diversion program under RCW 71.24.589, and the court in the process;
(c) A clear statement that the court may grant pretrial diversion with respect to any offense under RCW 69.50.4011
(1) (b) or (c), 69.50.4013, 69.50.4014, or
69.41.030
(2) (b) or (c) that is charged, provided that the defendant pleads not guilty to the charge or charges and waives his or her right to a speedy trial, and that upon the defendant's successful completion of pretrial diversion, as specified in subsection (11) of this section, and motion of the defendant, prosecuting attorney, court, or probation department, the court must dismiss the charge or charges against the defendant;
(d) A clear statement that if the defendant has not made substantial progress with treatment or services provided that are appropriate to the defendant's circumstances or, if applicable, community service, the prosecuting attorney may make a motion to terminate pretrial diversion and schedule further proceedings as otherwise provided in this section;
(e) An explanation of criminal record retention and disposition resulting from participation in pretrial diversion and the defendant's rights relative to answering questions about his or her arrest and pretrial diversion following successful completion; and
(f) A clear statement that under federal law it is unlawful for any person who is an unlawful user of or addicted to any controlled substance to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition, or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
(4) If the court grants the defendant's motion to participate in pretrial diversion under this section, the recovery navigator program established under RCW 71.24.115, the arrest and jail alternative program established under RCW 36.28A.450, or the law enforcement assisted diversion program established under RCW 71.24.589, shall provide the court written confirmation of completion of the assessment and a statement indicating the defendant's enrollment or referral to any specific service or program. The confirmation and statement of the recovery navigator program established under RCW 71.24.115, the arrest and jail alternative program established under RCW 36.28A.450, or the law enforcement assisted diversion program established under RCW 71.24.589
shall be filed under seal with the court, and a copy shall be given to the prosecuting attorney, defendant, and defendant's counsel. The confirmation and statement are confidential and exempt from disclosure under chapter
42.56
RCW. The court shall endeavor to avoid public discussion of the circumstances, history, or diagnoses that could stigmatize the defendant.
(5) Subject to the availability of funds appropriated for this specific purpose, the assessment and recommended treatment or services must be provided at no cost for defendants who have been found to be indigent by the court.
(6) If the assessment conducted by the recovery navigator program established under RCW 71.24.115, the arrest and jail alternative program established under RCW 36.28A.450, or the law enforcement assisted diversion program established under RCW 71.24.589
includes a referral to any treatment or services, the recovery navigator program established under RCW 71.24.115, the arrest and jail alternative program established under RCW 36.28A.450, the law enforcement assisted diversion program established under RCW 71.24.589, or service provider shall provide the court with regular written status updates on the defendant's progress on a schedule acceptable to the court. The updates must be provided at least monthly and be filed under seal with the court, with copies given to the prosecuting attorney, defendant, and defendant's counsel. The updates and their copies are confidential and exempt from disclosure under chapter
42.56
RCW. The court shall endeavor to avoid public discussion of the circumstances, history, or diagnoses that could stigmatize the defendant.
(7) If the assessment conducted by the recovery navigator program established under RCW 71.24.115, the arrest and jail alternative program established under RCW 36.28A.450, or the law enforcement assisted diversion program established under RCW 71.24.589
does not recommend any treatment or services, the defendant must instead complete an amount of community service as determined by the court, but not to exceed 120 hours of community service, in order to complete pretrial diversion.
(8) Admissions made by the individual in the course of receiving services from the recovery navigator program established under RCW 71.24.115, the arrest and jail alternative program established under RCW 36.28A.450, or the law enforcement assisted diversion program established under RCW 71.24.589
may not be used against the individual in the prosecution's case in chief.
(9) A defendant's participation in pretrial diversion under this section does not constitute a conviction, a stipulation to facts, or an admission of guilt for any purpose.
(10) If it appears to the prosecuting attorney that the defendant is not substantially complying with the recommended treatment or services as reflected by a written status update, the prosecuting attorney may make a motion for termination from pretrial diversion.
(a) After notice to the defendant, the court must hold a hearing to determine whether pretrial diversion shall be terminated.
(b) Before the hearing, the defendant and the defendant's counsel shall be advised of the nature of the alleged noncompliance and provided discovery of evidence supporting the allegation, including names and contact information of witnesses.
(c) At the hearing, the court must consider the following factors:
(i) The nature of the alleged noncompliance; and
(ii) Any other mitigating circumstances, including, but not limited to, the defendant's efforts and due diligence, the availability of services in the geographic area, and the treatment and services offered to the defendant.
(d) If the court finds the defendant is not substantially complying with the recommended treatment or services and thereafter terminates pretrial diversion, it shall state the grounds for its decision succinctly in the record and provide the prosecuting attorney, the defendant, and the defendant's counsel with a written order.
(11) If the defendant successfully completes pretrial diversion, including in one of the following ways, the charge or charges under RCW 69.50.4011
(1) (b) or (c), 69.50.4013, 69.50.4014, or
69.41.030
(2) (b) or (c) must be dismissed:
(a) If the assessment prepared by the recovery navigator program, arrest and jail alternative program, or law enforcement assisted diversion program included a recommendation for treatment or services, the defendant successfully completes pretrial diversion either by having 12 months of substantial compliance with the assessment and recommended treatment or services and progress toward recovery goals as reflected by the written status updates or by successfully completing the recommended treatment or services, whichever occurs first; or
(b) If the assessment prepared by the recovery navigator program, arrest and jail alternative program, or law enforcement assisted diversion program did not include a recommendation for treatment or services, the defendant successfully completes pretrial diversion by completing the community service described in subsection (7) of this section and submitting proof of completion to the court.
(12) Beginning January 1, 2025, the recovery navigator programs established under RCW 71.24.115, arrest and jail alternative programs established under RCW 36.28A.450, and law enforcement assisted diversion programs established under RCW 71.24.589
shall input data and information in the data integration platform under RCW 71.24.908
for each case where the defendant participates in pretrial diversion under this section, including but not limited to the following:
(a) Whether the pretrial diversion was terminated or was successfully completed and resulted in a dismissal;
(b) The race, ethnicity, gender, gender expression or identity, disability status, and age of the defendant; and
(c) Any other appropriate data and information as determined by the health care authority.
[
2023 sp.s. c 1 s 9
.]
NOTES:
Effective date
—
2023 sp.s. c 1 ss 1-5, 7-11, and 41:
See note following RCW 69.50.4011
.
RCW 69.50.4018
Sentencing considerations.
When sentencing an individual for a violation of RCW 69.50.4011
(1) (b) or (c), 69.50.4013, 69.50.4014, or
69.41.030
(2) (b) or (c), the court is encouraged to utilize any other resolution of the charges or terms of supervision that suit the circumstances of the defendant's situation and advance stabilization, recovery, crime reduction, and justice.
[
2023 sp.s. c 1 s 10
.]
NOTES:
Effective date
—
2023 sp.s. c 1 ss 1-5, 7-11, and 41:
See note following RCW 69.50.4011
.
RCW 69.50.402
Prohibited acts: B
—
Penalties.
(1) It is unlawful for any person:
(a) Who is subject to Article III to distribute or dispense a controlled substance in violation of RCW 69.50.308
;
(b) Who is a registrant, to manufacture a controlled substance not authorized by his or her registration, or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person;
(c) Who is a practitioner, to prescribe, order, dispense, administer, supply, or give to any person:
(i) Any amphetamine, including its salts, optical isomers, and salts of optical isomers classified as a Schedule II controlled substance by the commission pursuant to chapter
34.05
RCW; or
(ii) Any nonnarcotic stimulant classified as a Schedule II controlled substance and designated as a nonnarcotic stimulant by the commission pursuant to chapter
34.05
RCW;
except for the treatment of narcolepsy, or for the treatment of hyperkinesis, or for the treatment of drug-induced brain dysfunction, or for the treatment of epilepsy, or for the differential diagnostic psychiatric evaluation of depression, or for the treatment of depression shown to be refractory to other therapeutic modalities, or for the treatment of multiple sclerosis, or for the treatment of any other disease states or conditions for which the United States food and drug administration has approved an indication, or for the clinical investigation of the effects of such drugs or compounds, in which case an investigative protocol therefor shall have been submitted to and reviewed and approved by the commission before the investigation has been begun: PROVIDED, That the commission, in consultation with the Washington medical commission and the osteopathic disciplinary board, may establish by rule, pursuant to chapter
34.05
RCW, disease states or conditions in addition to those listed in this subsection for the treatment of which Schedule II nonnarcotic stimulants may be prescribed, ordered, dispensed, administered, supplied, or given to patients by practitioners: AND PROVIDED, FURTHER, That investigations by the commission of abuse of prescriptive authority by physicians, licensed pursuant to chapter
18.71
RCW, pursuant to subsection (1)(c) of this section shall be done in consultation with the Washington medical commission;
(d) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice, or information required under this chapter;
(e) To refuse an entry into any premises for any inspection authorized by this chapter; or
(f) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping or selling them in violation of this chapter.
(2) Any person who violates this section is guilty of a class C felony and upon conviction may be imprisoned for not more than two years, fined not more than two thousand dollars, or both.
[
2019 c 55 s 12
;
2016 c 150 s 1
;
2013 c 19 s 107
;
2010 c 177 s 7
;
2003 c 53 s 338
;
1994 sp.s. c 9 s 740
;
1980 c 138 s 6
;
1979 ex.s. c 119 s 1
;
1971 ex.s. c 308 s 69.50.402
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Severability
—
Headings and captions not law
—
Effective date
—
1994 sp.s. c 9:
See RCW 18.79.900
through
18.79.902
.
RCW 69.50.403
Prohibited acts: C
—
Penalties.
(1) It is unlawful for any person knowingly or intentionally:
(a) To distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to an order form as required by *RCW 69.50.307
;
(b) To use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, or issued to another person;
(c) To obtain or attempt to obtain a controlled substance, or procure or attempt to procure the administration of a controlled substance, (i) by fraud, deceit, misrepresentation, or subterfuge; or (ii) by forgery or alteration of a prescription or any written order; or (iii) by the concealment of material fact; or (iv) by the use of a false name or the giving of a false address;
(d) To falsely assume the title of, or represent herself or himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance;
(e) To make or utter any false or forged prescription or false or forged written order;
(f) To affix any false or forged label to a package or receptacle containing controlled substances;
(g) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter;
(h) To possess a false or fraudulent prescription with intent to obtain a controlled substance; or
(i) To attempt to illegally obtain controlled substances by providing more than one name to a practitioner when obtaining a prescription for a controlled substance. If a person's name is legally changed during the time period that he or she is receiving health care from a practitioner, the person shall inform all providers of care so that the medical and pharmacy records for the person may be filed under a single name identifier.
(2) Information communicated to a practitioner in an effort unlawfully to procure a controlled substance or unlawfully to procure the administration of such substance, shall not be deemed a privileged communication.
(3) A person who violates this section is guilty of a class C felony and upon conviction may be imprisoned for not more than two years, or fined not more than two thousand dollars, or both.
[
2003 c 53 s 339
;
1996 c 255 s 1
;
1993 c 187 s 21
;
1971 ex.s. c 308 s 69.50.403
.]
NOTES:
*Reviser's note:
RCW 69.50.307
was repealed by
2001 c 248 s 2
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
RCW 69.50.404
Penalties under other laws.
Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
[
1971 ex.s. c 308 s 69.50.404
.]
RCW 69.50.405
Bar to prosecution.
If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
[
1971 ex.s. c 308 s 69.50.405
.]
RCW 69.50.406
Distribution to persons under age eighteen.
(1) Any person eighteen years of age or over who violates RCW 69.50.401
by distributing a controlled substance listed in Schedules I or II which is a narcotic drug or methamphetamine, including its salts, isomers, and salts of isomers, or flunitrazepam, including its salts, isomers, and salts of isomers, listed in Schedule IV, to a person under eighteen years of age is guilty of a class A felony punishable by the fine authorized by RCW 69.50.401
(2) (a) or (b), by a term of imprisonment of up to twice that authorized by RCW 69.50.401
(2) (a) or (b), or by both.
(2) Except as provided in RCW 69.50.475, any person eighteen years of age or over who violates RCW 69.50.401
by distributing any other controlled substance listed in Schedules I, II, III, IV, and V to a person under eighteen years of age who is at least three years his or her junior is guilty of a class B felony punishable by the fine authorized by RCW 69.50.401
(2) (c), (d), or (e), by a term of imprisonment up to twice that authorized by RCW 69.50.401
(2) (c), (d), or (e), or both.
[
2019 c 379 s 3
;
2005 c 218 s 2
;
2003 c 53 s 340
;
1998 c 290 s 2
;
1996 c 205 s 7
;
1987 c 458 s 5
;
1971 ex.s. c 308 s 69.50.406
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Application
—
Effective date
—
Severability
—
1998 c 290:
See notes following RCW 69.50.401
.
Severability
—
1987 c 458:
See note following RCW 48.21.160
.
RCW 69.50.407
Conspiracy.
Any person who attempts or conspires to commit any offense defined in this chapter is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
[
1971 ex.s. c 308 s 69.50.407
.]
RCW 69.50.408
Second or subsequent offenses.
(1) Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.
(2) For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to narcotic drugs, cannabis, depressant, stimulant, or hallucinogenic drugs.
(3) This section does not apply to offenses under RCW 69.50.4013
.
[
2022 c 16 s 89
;
2003 c 53 s 341
;
1989 c 8 s 3
;
1971 ex.s. c 308 s 69.50.408
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
RCW 69.50.410
Prohibited acts: D
—
Penalties.
(1) Except as authorized by this chapter it is a class C felony for any person to sell for profit any controlled substance or counterfeit substance classified in Schedule I, RCW 69.50.204, except leaves and flowering tops of cannabis.
For the purposes of this section only, the following words and phrases shall have the following meanings:
(a) "To sell" means the passing of title and possession of a controlled substance from the seller to the buyer for a price whether or not the price is paid immediately or at a future date.
(b) "For profit" means the obtaining of anything of value in exchange for a controlled substance.
(c) "Price" means anything of value.
(2)(a) Any person convicted of a violation of subsection (1) of this section shall receive a sentence of not more than five years in a correctional facility of the department of social and health services for the first offense.
(b) Any person convicted on a second or subsequent cause, the sale having transpired after prosecution and conviction on the first cause, of subsection (1) of this section shall receive a mandatory sentence of five years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for the second or subsequent violation of subsection (1) of this section.
(3)(a) Any person convicted of a violation of subsection (1) of this section by selling heroin shall receive a mandatory sentence of two years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for such violation.
(b) Any person convicted on a second or subsequent sale of heroin, the sale having transpired after prosecution and conviction on the first cause of the sale of heroin shall receive a mandatory sentence of ten years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for this second or subsequent violation: PROVIDED, That the indeterminate sentence review board under RCW 9.95.040
shall not reduce the minimum term imposed for a violation under this subsection.
(4) Whether or not a mandatory minimum term has expired, an offender serving a sentence under this section may be granted an extraordinary medical placement when authorized under RCW 9.94A.728
(1)(c).
(5) In addition to the sentences provided in subsection (2) of this section, any person convicted of a violation of subsection (1) of this section shall be fined in an amount calculated to at least eliminate any and all proceeds or profits directly or indirectly gained by such person as a result of sales of controlled substances in violation of the laws of this or other states, or the United States, up to the amount of five hundred thousand dollars on each count.
(6) Any person, addicted to the use of controlled substances, who voluntarily applies to the department of social and health services for the purpose of participating in a rehabilitation program approved by the department for addicts of controlled substances shall be immune from prosecution for subsection (1) [of this section] offenses unless a filing of an information or indictment against such person for a violation of subsection (1) of this section is made prior to his or her voluntary participation in the program of the department of social and health services. All applications for immunity under this section shall be sent to the department of social and health services in Olympia. It shall be the duty of the department to stamp each application received pursuant to this section with the date and time of receipt.
(7) This section shall not apply to offenses defined and punishable under the provisions of RCW 69.50.401
through
69.50.4015
.
[
2022 c 16 s 90
;
2003 c 53 s 342
;
1999 c 324 s 6
; 1975-'76 2nd ex.s. c 103 s 1;
1973 2nd ex.s. c 2 s 2
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
RCW 69.50.412
Prohibited acts: E
—
Penalties.
(1) It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, or prepare a controlled substance other than cannabis. Any person who violates this subsection is guilty of a misdemeanor.
(2) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, or prepare a controlled substance other than cannabis. Any person who violates this subsection is guilty of a misdemeanor.
(3) Any person eighteen years of age or over who violates subsection (2) of this section by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his or her junior is guilty of a gross misdemeanor.
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor.
(5) It is lawful for any person over the age of eighteen to possess sterile hypodermic syringes and needles for the purpose of reducing blood-borne diseases.
[
2022 c 16 s 91
;
2021 c 311 s 14
;
2019 c 64 s 22
. Prior:
2013 c 3 s 22
(Initiative Measure No. 502, approved November 6, 2012);
2012 c 117 s 368
;
2002 c 213 s 1
;
1981 c 48 s 2
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Effective date
—
2021 c 311 ss 1-11 and 13-21:
See note following RCW 71.24.115
.
Explanatory statement
—
2019 c 64:
See note following RCW 1.20.110
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
Severability
—
1981 c 48:
See note following RCW 69.50.102
.
RCW 69.50.4121
Drug paraphernalia
—
Selling
—
Penalty.
(1) Every person who sells or permits to be sold to any person any drug paraphernalia in any form commits a class I civil infraction under chapter
7.80
RCW. For purposes of this subsection, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance other than cannabis. Drug paraphernalia includes, but is not limited to objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cocaine into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Miniature cocaine spoons and cocaine vials;
(f) Chamber pipes;
(g) Carburetor pipes;
(h) Electric pipes;
(i) Air-driven pipes; and
(j) Ice pipes or chillers.
(2) It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.
(3) Nothing in subsection (1) of this section prohibits distribution or use of public health supplies including, but not limited to, syringe equipment, smoking equipment, or drug testing equipment, through public health programs, community-based HIV prevention programs, outreach, shelter, and housing programs, and pharmacies. Public health and syringe service program staff taking samples of substances and using drug testing equipment for the purpose of analyzing the composition of the substances or detecting the presence of certain substances are acting legally and are exempt from arrest and prosecution under RCW 69.50.4011
(1) (b) or (c), 69.50.4013, 69.50.4014, or
69.41.030
(2) (b) or (c).
[
2023 sp.s. c 1 s 7
;
2022 c 16 s 92
;
2013 c 3 s 23
(Initiative Measure No. 502, approved November 6, 2012);
2002 c 213 s 2
;
1998 c 317 s 1
.]
NOTES:
Effective date
—
2023 sp.s. c 1 ss 1-5, 7-11, and 41:
See note following RCW 69.50.4011
.
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.413
Health care practitioners
—
Suspension of license for violation of chapter.
The license of any licensed health care practitioner shall be suspended for any violation of this chapter. The suspension shall run concurrently with, and not less than, the term of the sentence for the violation.
[
1984 c 153 s 21
.]
RCW 69.50.414
Sale or transfer of controlled substance to minor
—
Cause of action by parent
—
Damages.
The parent or legal guardian of any minor to whom a controlled substance, as defined in RCW 69.50.101, is sold or transferred, shall have a cause of action against the person who sold or transferred the controlled substance for all damages to the minor or his or her parent or legal guardian caused by such sale or transfer. Damages shall include: (a) [(1)] Actual damages, including the cost for treatment or rehabilitation of the minor child's drug dependency, (b) [(2)] forfeiture to the parent or legal guardian of the cash value of any proceeds received from such sale or transfer of a controlled substance, and (c) [(3)] reasonable attorney fees.
This section shall not apply to a practitioner, as defined in RCW 69.50.101, who sells or transfers a controlled substance to a minor pursuant to a valid prescription or order.
[
2020 c 18 s 24
;
1986 c 124 s 10
.]
NOTES:
Explanatory statement
—
2020 c 18:
See note following RCW 43.79A.040
.
RCW 69.50.415
Controlled substances homicide
—
Penalty.
(1) A person who unlawfully delivers a controlled substance in violation of RCW 69.50.401
(2) (a), (b), or (c) which controlled substance is subsequently used by the person to whom it was delivered, resulting in the death of the user, is guilty of controlled substances homicide.
(2) Controlled substances homicide is a class B felony punishable according to chapter
9A.20
RCW.
[
2003 c 53 s 343
;
1996 c 205 s 8
;
1987 c 458 s 2
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Severability
—
1987 c 458:
See note following RCW 48.21.160
.
RCW 69.50.416
Counterfeit substances prohibited
—
Penalties.
(1) It is unlawful for any person knowingly or intentionally to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser, other than the person who in fact manufactured, distributed, or dispensed the substance.
(2) It is unlawful for any person knowingly or intentionally to make, distribute, or possess a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof.
(3) A person who violates this section is guilty of a class C felony and upon conviction may be imprisoned for not more than two years, fined not more than two thousand dollars, or both.
[
2003 c 53 s 344
;
1993 c 187 s 22
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
RCW 69.50.418
Tableting and encapsulating machines prohibited
—
Penalties.
(1) It is unlawful for any person to possess, purchase, deliver, sell, or possess with intent to sell a tableting machine or encapsulating machine knowing, or under circumstances where one reasonably should know, that it will be used to manufacture, compound, convert, produce, process, prepare, or otherwise introduce into the human body a controlled substance, other than cannabis, in violation of this chapter.
(2) Any person who violates this section is guilty of a class C felony.
(3) For the purposes of this section:
(a) "Encapsulating machine" means manual, semiautomatic, or fully automatic equipment that can be used to fill shells or capsules with powdered or granular solids or semisolid material to produce coherent solid contents.
(b) "Tableting machine" means manual, semiautomatic, or fully automatic equipment that can be used to compact, compress, or mold powdered or granular solids or semisolid material to produce fused coherent solid tablets.
[
2023 c 66 s 1
.]
NOTES:
Short title
—
2023 c 66:
"This act may be known and cited as the Tyler Lee Yates act." [
2023 c 66 s 3
.]
RCW 69.50.420
Violations
—
Juvenile driving privileges.
(1) If a juvenile thirteen years of age or older and under the age of twenty-one is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment, unless the offense is the juvenile's first offense in violation of this chapter and has not committed an offense while armed with a firearm, an unlawful possession of a firearm offense, or an offense in violation of chapter
66.44, 69.41, or
69.52
RCW.
(2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile whose privilege to drive has been revoked pursuant to RCW 46.20.265, the court may at any time the court deems appropriate notify the department of licensing to reinstate the juvenile's privilege to drive.
(3) If the conviction is for the juvenile's first violation of this chapter or chapter
66.44, 69.41, or
69.52
RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265
until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the conviction was for the juvenile's second or subsequent violation of this chapter or chapter
66.44, 69.41, or
69.52
RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265
until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.
[
2016 c 136 s 11
;
1989 c 271 s 120
;
1988 c 148 s 5
.]
NOTES:
Severability
—
1989 c 271:
See note following RCW 9.94A.510
.
Legislative finding
—
Severability
—
1988  c 148:
See notes following RCW 13.40.265
.
RCW 69.50.430
Additional fine for certain felony violations.
(1) Every adult offender convicted of a felony violation of RCW 69.50.401
through
69.50.4013, 69.50.4015, 69.50.402, 69.50.403, 69.50.406, 69.50.407, 69.50.410, or
69.50.415
must be fined one thousand dollars in addition to any other fine or penalty imposed. Unless the court finds the adult offender to be indigent, this additional fine may not be suspended or deferred by the court.
(2) On a second or subsequent conviction for violation of any of the laws listed in subsection (1) of this section, the adult offender must be fined two thousand dollars in addition to any other fine or penalty imposed. Unless the court finds the adult offender to be indigent, this additional fine may not be suspended or deferred by the court.
(3) In addition to any other civil or criminal penalty, every person who violates or causes another to violate RCW 69.50.401
by distributing, dispensing, manufacturing, displaying for sale, offering for sale, attempting to sell, or selling to a purchaser any product that contains any amount of any synthetic cannabinoid, as identified in RCW 69.50.204, must be fined not less than ten thousand dollars and not more than five hundred thousand dollars. If, however, the person who violates or causes another to violate RCW 69.50.401
by distributing, dispensing, manufacturing, displaying for sale, offering for sale, attempting to sell, or selling any product that contains any amount of any synthetic cannabinoid, as identified in RCW 69.50.204, to a purchaser under the age of eighteen, the minimum penalty is twenty-five thousand dollars if the person is at least two years older than the minor. Unless the court finds the person to be indigent, this additional fine may not be suspended or deferred by the court.
[
2015 2nd sp.s. c 4 s 1204
;
2015 c 265 s 36
;
2003 c 53 s 345
;
1989 c 271 s 106
.]
NOTES:
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
Finding
—
Intent
—
2015 c 265:
See note following RCW 13.50.010
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Application
—
1989 c 271 ss 101-111:
See note following RCW 9.94A.510
.
Severability
—
1989 c 271:
See note following RCW 9.94A.510
.
RCW 69.50.435
Violations committed in or on certain public places or facilities
—
Additional penalty
—
Defenses
—
Construction
—
Definitions.
(1) Any person who violates RCW 69.50.401
by manufacturing, selling, delivering, or possessing with the intent to manufacture, sell, or deliver a controlled substance listed under RCW 69.50.401
or who violates RCW 69.50.410
by selling for profit any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of cannabis to a person:
(a) In a school;
(b) On a school bus;
(c) Within one thousand feet of a school bus route stop designated by the school district;
(d) Within one thousand feet of the perimeter of the school grounds;
(e) In a public park;
(f) In a public housing project designated by a local governing authority as a drug-free zone;
(g) On a public transit vehicle;
(h) In a public transit stop shelter;
(i) At a civic center designated as a drug-free zone by the local governing authority; or
(j) Within one thousand feet of the perimeter of a facility designated under (i) of this subsection, if the local governing authority specifically designates the one thousand foot perimeter may be punished by a fine of up to twice the fine otherwise authorized by this chapter, but not including twice the fine authorized by RCW 69.50.406, or by imprisonment of up to twice the imprisonment otherwise authorized by this chapter, but not including twice the imprisonment authorized by RCW 69.50.406, or by both such fine and imprisonment. The provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by this chapter for an offense.
(2) It is not a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place while in a school or school bus or within one thousand feet of the school or school bus route stop, in a public park, in a public housing project designated by a local governing authority as a drug-free zone, on a public transit vehicle, in a public transit stop shelter, at a civic center designated as a drug-free zone by the local governing authority, or within one thousand feet of the perimeter of a facility designated under subsection (1)(i) of this section, if the local governing authority specifically designates the one thousand foot perimeter.
(3) It is not a defense to a prosecution for a violation of this section or any other prosecution under this chapter that persons under the age of eighteen were not present in the school, the school bus, the public park, the public housing project designated by a local governing authority as a drug-free zone, or the public transit vehicle, or at the school bus route stop, the public transit vehicle stop shelter, at a civic center designated as a drug-free zone by the local governing authority, or within one thousand feet of the perimeter of a facility designated under subsection (1)(i) of this section, if the local governing authority specifically designates the one thousand foot perimeter at the time of the offense or that school was not in session.
(4) It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under eighteen years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling, or possessing with the intent to manufacture, sell, or deliver any controlled substance in RCW 69.50.401
for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. This section shall not be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.
(5) In a prosecution under this section, a map produced or reproduced by any municipality, school district, county, transit authority engineer, or public housing authority for the purpose of depicting the location and boundaries of the area on or within one thousand feet of any property used for a school, school bus route stop, public park, public housing project designated by a local governing authority as a drug-free zone, public transit vehicle stop shelter, or a civic center designated as a drug-free zone by a local governing authority, or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas if the governing body of the municipality, school district, county, or transit authority has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the area on or within one thousand feet of the school, school bus route stop, public park, public housing project designated by a local governing authority as a drug-free zone, public transit vehicle stop shelter, or civic center designated as a drug-free zone by a local governing authority. Any map approved under this section or a true copy of the map shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. This section shall not be construed as precluding the use or admissibility of any map or diagram other than the one which has been approved by the governing body of a municipality, school district, county, transit authority, or public housing authority if the map or diagram is otherwise admissible under court rule.
(6) As used in this section the following terms have the meanings indicated unless the context clearly requires otherwise:
(a) "School" has the meaning under RCW 28A.150.010
or
28A.150.020
. The term "school" also includes a private school approved under RCW 28A.195.010
;
(b) "School bus" means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. The term does not include buses operated by common carriers in the urban transportation of students such as transportation of students through a municipal transportation system;
(c) "School bus route stop" means a school bus stop as designated by a school district;
(d) "Public park" means land, including any facilities or improvements on the land, that is operated as a park by the state or a local government;
(e) "Public transit vehicle" means any motor vehicle, streetcar, train, trolley vehicle, or any other device, vessel, or vehicle which is owned or operated by a transit authority and which is used for the purpose of carrying passengers on a regular schedule;
(f) "Transit authority" means a city, county, or state transportation system, transportation authority, public transportation benefit area, public transit authority, or metropolitan municipal corporation within the state that operates public transit vehicles;
(g) "Stop shelter" means a passenger shelter designated by a transit authority;
(h) "Civic center" means a publicly owned or publicly operated place or facility used for recreational, educational, or cultural activities;
(i) "Public housing project" means the same as "housing project" as defined in RCW 35.82.020
.
(7) The fines imposed by this section apply to adult offenders only.
[
2022 c 16 s 93
;
2015 c 265 s 37
;
2003 c 53 s 346
. Prior:
1997 c 30 s 2
;
1997 c 23 s 1
;
1996 c 14 s 2
;
1991 c 32 s 4
; prior:
1990 c 244 s 1
;
1990 c 33 s 588
;
1989 c 271 s 112
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Finding
—
Intent
—
2015 c 265:
See note following RCW 13.50.010
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Findings
—
Intent
—
1997 c 30:
"The legislature finds that a large number of illegal drug transactions occur in or near public housing projects. The legislature also finds that this activity places the families and children residing in these housing projects at risk for drug-related crimes and increases the general level of fear among the residents of the housing project and the areas surrounding these projects. The intent of the legislature is to allow local governments to designate public housing projects as drug-free zones." [
1997 c 30 s 1
.]
Findings
—
Intent
—
1996 c 14:
"The legislature finds that a large number of illegal drug transactions occur in or near publicly owned places used for recreational, educational, and cultural purposes. The legislature also finds that this activity places the people using these facilities at risk for drug-related crimes, discourages the use of recreational, educational, and cultural facilities, blights the economic development around these facilities, and increases the general level of fear among the residents of the areas surrounding these facilities. The intent of the legislature is to allow local governments to designate a perimeter of one thousand feet around publicly owned places used primarily for recreation, education, and cultural activities as drug-free zones." [
1996 c 14 s 1
.]
Purpose
—
Statutory references
—
Severability
—
1990 c 33:
See RCW 28A.900.100
through
28A.900.102
.
Severability
—
1989 c 271:
See note following RCW 9.94A.510
.
RCW 69.50.438
Cathinone or methcathinone
—
Additional fine.
In addition to any other civil or criminal penalty, every person who violates or causes another to violate RCW 69.50.401
by distributing, dispensing, manufacturing, displaying for sale, offering for sale, attempting to sell, or selling to a purchaser any product that contains any amount of any cathinone or methcathinone, as identified in RCW 69.50.204, must be fined not less than ten thousand dollars and not more than five hundred thousand dollars. If, however, the person who violates or causes another to violate RCW 69.50.401
by distributing, dispensing, manufacturing, displaying for sale, offering for sale, attempting to sell, or selling any product that contains any amount of any cathinone or methcathinone, as identified in RCW 69.50.204, to a purchaser under the age of eighteen, the minimum penalty is twenty-five thousand dollars if the person is at least two years older than the minor. Unless the court finds the person to be indigent, this additional fine may not be suspended or deferred by the court.
[
2015 2nd sp.s. c 4 s 1205
.]
NOTES:
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
RCW 69.50.440
Possession with intent to manufacture
—
Penalty.
(1) It is unlawful for any person to possess ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, including its salts, isomers, and salts of isomers.
(2) Any person who violates this section is guilty of a class B felony and may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine, including its salts, isomers, and salts of isomers. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost.
[
2005 c 218 s 3
;
2003 c 53 s 347
;
2002 c 134 s 1
;
2000 c 225 s 4
;
1997 c 71 s 3
;
1996 c 205 s 1
.]
NOTES:
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Effective date
—
2002 c 134:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2002]." [
2002 c 134 s 5
.]
Severability
—
2000 c 225:
See note following RCW 69.55.010
.
RCW 69.50.445
Opening package of or consuming cannabis, useable cannabis, cannabis-infused products, or cannabis concentrates in view of general public or public place
—
Penalty.
(1) It is unlawful to open a package containing cannabis, useable cannabis, cannabis-infused products, or cannabis concentrates, or consume cannabis, useable cannabis, cannabis-infused products, or cannabis concentrates, in view of the general public or in a public place.
(2) For the purposes of this section, "public place" has the same meaning as defined in RCW 66.04.010, but the exclusions in RCW 66.04.011
do not apply.
(3) A person who violates this section is guilty of a class 3 civil infraction under chapter
7.80
RCW.
[
2022 c 16 s 94
;
2015 2nd sp.s. c 4 s 401
;
2013 c 3 s 21
(Initiative Measure No. 502, approved November 6, 2012).]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
RCW 69.50.450
Butane or other explosive gases.
(1) Nothing in this chapter permits anyone other than a validly licensed cannabis processor to use butane or other explosive gases to extract or separate resin from cannabis or to produce or process any form of cannabis concentrates or cannabis-infused products that include cannabis concentrates not purchased from a validly licensed cannabis retailer as an ingredient. The extraction or separation of resin from cannabis, the processing of cannabis concentrates, and the processing of cannabis-infused products that include cannabis concentrates not purchased from a validly licensed cannabis retailer as an ingredient by any person other than a validly licensed cannabis processor each constitute manufacture of cannabis in violation of RCW 69.50.401
. Cooking oil, butter, and other nonexplosive home cooking substances may be used to make cannabis extracts for noncommercial personal use.
(2) Except for the use of butane, the board may not enforce this section until it has adopted the rules required by RCW 69.51A.270
.
[
2022 c 16 s 95
;
2015 c 70 s 15
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Short title
—
Findings
—
Intent
—
References to Washington state liquor control board
—
Draft legislation
—
2015 c 70:
See notes following RCW 66.08.012
.
RCW 69.50.455
Synthetic cannabinoids
—
Unfair or deceptive practice under RCW 19.86.020
.
(1) It is an unfair or deceptive practice under RCW 19.86.020
for any person or entity to distribute, dispense, manufacture, display for sale, offer for sale, attempt to sell, or sell to a purchaser any product that contains any amount of any synthetic cannabinoid. The legislature finds that practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter
19.86
RCW. Violations of this section are not reasonable in relation to the development and preservation of business.
(2) "Synthetic cannabinoid" includes any chemical compound identified in RCW 69.50.204
(c)(30) [(3)(dd)] or by the pharmacy quality assurance commission under RCW 69.50.201
.
[
2015 2nd sp.s. c 4 s 1201
.]
NOTES:
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
RCW 69.50.460
Cathinone or methcathinone
—
Unfair or deceptive practice under RCW 19.86.020
.
It is an unfair or deceptive practice under RCW 19.86.020
for any person or entity to distribute, dispense, manufacture, display for sale, offer for sale, attempt to sell, or sell to a purchaser any product that contains any amount of any cathinone or methcathinone as identified in RCW 69.50.204
(e) (3) and (5) [(5) (c) and (e)]. The legislature finds that practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter
19.86
RCW. Violations of this section are not reasonable in relation to the development and preservation of business.
[
2015 2nd sp.s. c 4 s 1202
.]
NOTES:
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
RCW 69.50.465
Conducting or maintaining cannabis club
—
Penalty.
(1) It is unlawful for any person to conduct or maintain a cannabis club by himself or herself or by associating with others, or in any manner aid, assist, or abet in conducting or maintaining a cannabis club.
(2) It is unlawful for any person to conduct or maintain a public place where cannabis is held or stored, except as provided for a licensee under this chapter, or consumption of cannabis is permitted.
(3) Any person who violates this section is guilty of a class C felony punishable under chapter
9A.20
RCW.
(4) The following definitions apply throughout this section unless the context clearly requires otherwise.
(a) "Cannabis club" means a club, association, or other business, for profit or otherwise, that conducts or maintains a premises for the primary or incidental purpose of providing a location where members or other persons may keep or consume cannabis on the premises.
(b) "Public place" means, in addition to the definition provided in RCW 66.04.010, any place to which admission is charged or for which any pecuniary gain is realized by the owner or operator of such place.
[
2022 c 16 s 96
;
2015 2nd sp.s. c 4 s 1401
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Intent
—
Effective dates
—
2015 2nd sp.s. c 4:
See notes following RCW 69.50.334
.
RCW 69.50.470
Medication disposal, no penalty for compliance.
It is not a violation of this chapter to possess or deliver a controlled substance in compliance with chapter
69.48
RCW.
[
2018 c 196 s 23
.]
RCW 69.50.475
Cannabis retail outlets
—
Sale to persons under the age of twenty-one
—
Penalty.
(1) Except as otherwise authorized in this chapter and as provided in subsection (2) of this section, an employee of a retail outlet who sells cannabis products to a person under the age of twenty-one years in the course of his or her employment is guilty of a gross misdemeanor.
(2) An employee of a retail outlet may be prosecuted under RCW 69.50.401
or
69.50.406
or any other applicable provision, if the employee sells cannabis products to a person the employee knows is under the age of twenty-one and not otherwise authorized to purchase cannabis products under this chapter, or if the employee sells or otherwise provides cannabis products to a person under the age of twenty-one outside of the course of his or her employment.
[
2022 c 16 s 97
;
2019 c 379 s 1
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
RCW 69.50.500
Powers of enforcement personnel.
(a) [(1)] It is hereby made the duty of the *state board of pharmacy, the department, the **state liquor control board, and their officers, agents, inspectors and representatives, and all law enforcement officers within the state, and of all prosecuting attorneys, to enforce all provisions of this chapter, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and all other states, relating to controlled substances as defined in this chapter.
(b) [(2)] Employees of the department of health, who are so designated by the *board as enforcement officers are declared to be peace officers and shall be vested with police powers to enforce the drug laws of this state, including this chapter.
[
2013 c 3 s 24
(Initiative Measure No. 502, approved November 6, 2012);
1989 1st ex.s. c 9 s 437
;
1971 ex.s. c 308 s 69.50.500
.]
NOTES:
Reviser's note:
*(1) Chapter 19, Laws of 2013 changed "state board of pharmacy" to "pharmacy quality assurance commission."
**(2) The "state liquor control board" was renamed the "state liquor and cannabis board" by
2015 c 70 s 3
.
Intent
—
2013 c 3 (Initiative Measure No. 502):
See note following RCW 69.50.101
.
Effective date
—
Severability
—
1989 1st ex.s. c 9:
See RCW 43.70.910
and
43.70.920
.
RCW 69.50.501
Administrative inspections.
The commission may make administrative inspections of controlled premises in accordance with the following provisions:
(1) For purposes of this section only, "controlled premises" means:
(a) places where persons registered or exempted from registration requirements under this chapter are required to keep records; and
(b) places including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.
(2) When authorized by an administrative inspection warrant issued pursuant to RCW 69.50.502
an officer or employee designated by the commission, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
(3) When authorized by an administrative inspection warrant, an officer or employee designated by the commission may:
(a) inspect and copy records required by this chapter to be kept;
(b) inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection (5) of this section, all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this chapter; and
(c) inventory any stock of any controlled substance therein and obtain samples thereof.
(4) This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with chapter
34.05
RCW, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(a) if the owner, operator, or agent in charge of the controlled premises consents;
(b) in situations presenting imminent danger to health or safety;
(c) in situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(d) in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or,
(e) in all other situations in which a warrant is not constitutionally required.
(5) An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing.
[
2013 c 19 s 108
;
1971 ex.s. c 308 s 69.50.501
.]
RCW 69.50.502
Warrants for administrative inspections.
Issuance and execution of administrative inspection warrants shall be as follows:
(1) A judge of a superior court, or a judge of a district court within his or her jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by this chapter or rules hereunder, and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this chapter or rules hereunder, sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the warrant;
(2) A warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts alleged, sworn to before the judge and establishing the grounds for issuing the warrant. If the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. The warrant shall:
(a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
(b) Be directed to a person authorized by RCW 69.50.500
to execute it;
(c) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;
(d) Identify the item or types of property to be seized, if any;
(e) Direct that it be served during normal business hours and designate the judge to whom it shall be returned;
(3) A warrant issued pursuant to this section must be executed and returned within ten days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant;
(4) The judge who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the court in which the inspection was made.
[
2012 c 117 s 369
;
1971 ex.s. c 308 s 69.50.502
.]
RCW 69.50.503
Injunctions.
(a) [(1)] The superior courts of this state have jurisdiction to restrain or enjoin violations of this chapter.
(b) [(2)] The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.
[
1971 ex.s. c 308 s 69.50.503
.]
RCW 69.50.504
Cooperative arrangements.
The commission shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances.
[
2013 c 19 s 109
;
1971 ex.s. c 308 s 69.50.504
.]