The laws of drug delivery, possession and use are governed by the Uniform Controlled Substances Act, which is provided in RCW 69.50. (1)(a) There is levied and collected a cannabis excise tax equal to thirty-seven percent of the selling price on each retail sale in this state of cannabis concentrates, useable cannabis, and cannabis-infused products. (a) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by: (1) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or. (2) An employee of a retail outlet may be prosecuted under RCW. This does not include qualifying patients with a valid authorization. (3) The board may not consider any violation that occurred more than two years prior as grounds for denial, suspension, revocation, cancellation, or nonrenewal, unless the board can prove by a preponderance of the evidence that the prior administrative violation evidences: (a) Diversion of cannabis product to the illicit market or sales across state lines; (b) Furnishing of cannabis product to minors; (c) Diversion of revenue to criminal enterprises, gangs, cartels, or parties not qualified to hold a cannabis license based on criminal history requirements; (d) The commission of noncannabis-related crimes; or. This rule-making authority does not include the authority to enact rules regarding either the production or processing practices of the industrial hemp industry or any cannabidiol products that are sold or marketed outside of the regulatory framework established under this chapter. (2) From the amounts in the dedicated marijuana account after appropriation of the amounts identified in subsection (1) of this section, the legislature must appropriate for the purposes listed in this subsection (2) as follows: (A) Creation, implementation, operation, and management of a marijuana education and public health program that contains the following: (I) A marijuana use public health hotline that provides referrals to substance abuse treatment providers, utilizes evidence-based or research-based public health approaches to minimizing the harms associated with marijuana use, and does not solely advocate an abstinence-only approach; (II) A grants program for local health departments or other local community agencies that supports development and implementation of coordinated intervention strategies for the prevention and reduction of marijuana use by youth; and, (III) Media-based education campaigns across television, internet, radio, print, and out-of-home advertising, separately targeting youth and adults, that provide medically and scientifically accurate information about the health and safety risks posed by marijuana use; and. sess. (5)(a) The board must regularly review the tax level established under this section and make recommendations, in consultation with the department of revenue, to the legislature as appropriate regarding adjustments that would further the goal of discouraging use while undercutting illegal market prices. (10) In determining whether to grant or deny a license or renewal of any license, the board must give substantial weight to objections from an incorporated city or town or county legislative authority based upon chronic illegal activity associated with the applicant's operations of the premises proposed to be licensed or the applicant's operation of any other licensed premises, or the conduct of the applicant's patrons inside or outside the licensed premises. (3)(a) The possession, by a person twenty-one 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. (3) The tax imposed in this section must be paid by the buyer to the seller. (6) The legislature does not intend and does not authorize any person or entity to engage in activities or to conspire to engage in activities that would constitute per se violations of state and federal antitrust laws including, but not limited to, agreements among retailers as to the selling price of any goods sold. 1) Convicted of a controlled substance offense. (3) Subject to the requirements of this subsection (3), the board may enact rules necessary to implement the requirements of this section. Three thousand dollars of the fine may not be suspended. Conviction or admission of a Controlled Substance Offense, or DHS reason to believe that the individual is a drug traffickerConviction or admission of a Crime Involving Moral Turpitude (CIMT), including: Offenses with an intent to steal or defraud as an element (e.g., theft, forgery) (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. Marijuana Possession under 40 Grams (RCW 69.50.4014) After Moncrieffe and Descamps August 2013 . Some other names for dronabinol: [6a R-trans]-6a,7,8, 10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d] pyran-i-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol. (a) The superior courts of this state have jurisdiction to restrain or enjoin violations of this chapter. Any substance controlled under prior law which is not listed within Schedules I through V, is automatically controlled without further proceedings and shall be listed in the appropriate schedule. Sec. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances: (1) Immediate precursor to amphetamine and methamphetamine: (i) Phenylacetone: Some trade or other names phenyl-2-propanone, P2P, benzyl methyl ketone, methyl benzyl ketone. (ii) A cannabis product provided free of charge with the required purchase of another product. (b) Except when dispensed directly by a practitioner authorized to prescribe or administer a controlled substance, other than a pharmacy, to an ultimate user . (8) Any compound, mixture, or preparation containing any quantity of any substance referred to in (1) through (7) of this subsection. (e) Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts: Buprenorphine. (2) As the regulated marketplace has been developing, Washington residents with a strong entrepreneurial spirit have taken great financial and personal risk to become licensed and part of this nascent industry. (2) An opportunity for a hearing may be provided to an applicant for the reissuance of a license prior to the disposition of the application, and if no opportunity for a prior hearing is provided then an opportunity for a hearing to reconsider the application must be provided the applicant. Attorneys & Staff . (g) "Officer" means any officer or assistant officer of a corporation, including the president, vice president, secretary, and treasurer. (6) As used in this section the following terms have the meanings indicated unless the context clearly requires otherwise: (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. (v) Such other accreditation activities as the department of ecology deems appropriate. (6) In any proceeding to forfeit property under this title, where the claimant substantially prevails, the claimant is entitled to reasonable attorneys' fees reasonably incurred by the claimant. According to RCW 69.50.412, a person is guilty of possession, possession with intent to deliver or delivery of drug paraphernalia if he delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, (B) Up to fifteen percent of the funds appropriated under (a)(i) of this subsection for new programs and new services may be directed to proven and tested practices, emerging best practices, or promising practices. Cannabis retailers, employees of retail outlets, Cannabis producers, processors, researchers, retailers, Cannabis retailer holding medical cannabis endorsement. (4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (g) At the end of each fiscal year, the treasurer must transfer any amounts in the dedicated marijuana account that are not appropriated pursuant to subsection (1) of this section and this subsection (2) into the general fund, except as provided in (g)(i) of this subsection (2). (h) Additional requirements deemed necessary by the board. It shall be the duty of the department to stamp each application received pursuant to this section with the date and time of receipt. (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. 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. 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. (b) The net proceeds of forfeited property is the value of the forfeitable interest in the property after deducting the cost of satisfying any bona fide security interest to which the property is subject at the time of seizure; and in the case of sold property, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents, and the cost of any valid landlord's claim for damages under subsection (15) of this section. (d) The commission shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled substance prior to May 21, 1971 and who are registered or licensed by the state. (1) The board must prescribe procedures for the following: (a) Issuance of written warnings or notices to correct in lieu of penalties, sanctions, or other violations with respect to regulatory violations that have no direct or immediate relationship to public safety as defined by the board; (b) Waiving any fines, civil penalties, or administrative sanctions for violations, that have no direct or immediate relationship to public safety, and are corrected by the licensee within a reasonable amount of time as designated by the board; and, (c) A compliance program in accordance with chapter. (ii) Three and one-half percent to counties, cities, and towns ratably on a per capita basis. (4) This section does not require an inspection of a licensee's licensed premises that has been visited for consultative purposes. Enter search terms. (c) Producers, processors, and retailers from producing, jointly or together with regional, state, or local industry associations, brochures and materials promoting tourism in Washington state which contain information regarding retail licensees, producers, processors, and their products. (a) "Disproportionately impacted area" means a census tract or comparable geographic area that satisfies the following criteria, which may be further defined in rule by the board after consultation with the commission on African American affairs and other agencies, commissions, and community members as determined by the board: (ii) The area has a high rate of participation in income-based federal or state programs; (iii) The area has a high rate of unemployment; and. Orders for the forfeiture of real property shall be entered by the superior court, subject to court rules. Upon receipt of notice under RCW, (f) Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco as those terms are defined or used in Titles, The controlled substances listed or to be listed in the schedules in RCW. (c) Each seizing agency shall file a report including a copy of the records of forfeited property with the state treasurer each calendar quarter. The commission shall promulgate such rules as it deems necessary to insure strict compliance with the provisions of this section. Funds may only be distributed to jurisdictions that do not prohibit the siting of any state licensed ((. (8) Merchandising within a retail outlet is not advertising for the purposes of this section. A fee of seventy-five dollars will be charged for the processing of the change of stock ownership or corporate officers. (iii) Bears no advertising or signage indicating that it is a cannabis research facility. (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. The final recommendations must be submitted by December 9, 2022. Chapter 9.22 LOITERING FOR DRUG-RELATED PURPOSES (u) "Dispenser" means a practitioner who dispenses. (1) It is unlawful for any person to 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 except as otherwise authorized by this chapter. (iv) May not be targeted to youth, including any: (A) Statement, picture, or illustration that depicts a child or other person under legal age for consuming cannabis; (B) objects, such as toys or characters, suggesting the presence of a child, or any other depiction designed in any manner to be especially appealing to children or other persons under legal age to consume cannabis; (C) advertising designed in any manner that would be especially appealing to children or other persons under twenty-one years of age; or (D) advertising implying that the consumption of cannabis is fashionable or the accepted course of behavior for persons under twenty-one years of age. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule I: (a) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation: (1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide); (4) Alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM; (7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide); (1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine); (8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide); (12) Beta-hydroxy-3-methylfentanyl, some trade or other names: N-[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide; (34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylprop anamide); (35) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); (42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide); (43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine); (53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide); (b) Opium derivatives. The burden of proof of any exemption or exception is upon the person claiming it. Those communities face greater difficulties accessing traditional banking systems and capital for establishing businesses. How Do Prosecutors Prove Intent to Deliver in PA PWID Charges? (g) The prescription for a substance included in Schedule III, IV, or V may not be filled or refilled more than six months after the date issued by the practitioner or be refilled more than five times, unless renewed by the practitioner. (h) A valid prescription or lawful order of a practitioner, in order to be effective in legalizing the possession of controlled substances, must be issued in good faith for a legitimate medical purpose by one authorized to prescribe the use of such controlled substance. (e) in all other situations in which a warrant is not constitutionally required. Trafficking Mandatory sentences. (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. State v. Gonzalez, 2 Wn.App.2d 96, 408 P.3d 743 (2018). Any agency so registered shall not permit a person to administer sodium pentobarbital unless such person has demonstrated adequate knowledge of the potential hazards and proper techniques to be used in administering this drug. (l) "CBD concentration" has the meaning provided in RCW. 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. Branded promotional items: (i) Must be used exclusively by the retailer or its employees in a manner consistent with its license; (ii) Must bear imprinted advertising matter of the producer or processor only; (iii) May be provided by a producer or processor only to retailers and their employees and may not be provided by or through retailers or their employees to retail customers; and. (ww) "Useable cannabis" means dried cannabis flowers. 37-2732B. Electronic communication of prescription information, Registration of department of fish and wildlife for use in chemical capture programs. (J) The association of Washington cities; (ii) Two members that currently hold a cannabis retail license; (iii) Two members that currently hold a producer license; and. The chair of the task force is responsible for arranging subsequent meetings and developing meeting agendas. (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. (b) The board must report, in compliance with RCW. (a) The commission shall place a substance in Schedule I upon finding that the substance: (2) has no currently accepted medical use in treatment in the United States; and. The sign must: (a) Contain text with content sufficient to notify the public of the nature of the pending license application, the date of the application, the name of the applicant, and contact information for the board; (b) Be conspicuously displayed on, or immediately adjacent to, the premises subject to the application and in the location that is most likely to be seen by the public; (c) Be of a size sufficient to ensure that it will be readily seen by the public; and. (b) For any claim filed under (a)(ii) of this subsection, the law enforcement agency shall pay the claim unless the agency provides substantial proof that the landlord either: (i) Knew or consented to actions of the tenant in violation of this chapter or chapter, (ii) Failed to respond to a notification of the illegal activity, provided by a law enforcement agency under RCW. (1) Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person knowingly or intentionally: (a) To manufacture, distribute, deliver, dispense, or possess with intent to manufacture, distribute, deliver, or dispense a controlled substance; or (b) to create, distribute, or possess with intent to distribute a . (31) Ethylamine analog of phencyclidine: Some trade or other names: N-ethyl-1phenylcyclohexalymine, (1-phenylcyclohexl) ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE; (32) Pyrrolidine analog of phencyclidine: Some trade or other names: 1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP; (33) Thiophene analog of phencyclidine: Some trade or other names: 1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of phencyclidine; TPCP; TCP; (34) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or other name is TCPy. (1) Gamma-hydroxybutyric acid: Some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate; (e) Stimulants. "collect and remit," or 12 "collect and deliver," when used with reference to the department, 13 means that the department, either directly or through a collection 14 agreement authorized by RCW 9.94A .