The department of ecology may adopt rules to carry out its responsibilities under this section. This does not include qualifying patients with a valid authorization. It shall be the duty of the department to stamp each application received pursuant to this section with the date and time of receipt. Inmates who stay out of trouble during incarceration may be eligible for parole in as little as one year. The controlled substances listed in this section may be added, rescheduled, or deleted as provided for in RCW, Commission may change schedules of controlled substances: RCW. A visit to a licensee's licensed premises may not be considered an inspection or investigation under this chapter. Service by mail shall be deemed complete upon mailing within the forty-five day period following service of the notice of seizure in the case of personal property and within the ninety-day period following service of the notice of seizure in the case of real property. (15)(a) A landlord may assert a claim against proceeds from the sale of assets seized and forfeited under subsection (7)(b) of this section, only if: (i) A law enforcement officer, while acting in his or her official capacity, directly caused damage to the complaining landlord's property while executing a search of a tenant's residence; and, (ii) The landlord has applied any funds remaining in the tenant's deposit, to which the landlord has a right under chapter. (4) An in-house controlled purchase program authorized under this section shall be for the purposes of employee training and employer self-compliance checks. (7) The board may adopt rules on the frequency, manner, and method of providing consultative services to licensees. (c) The commission, without regard to the findings required by subsection (a) of this section or RCW, (d) If a substance is designated, rescheduled, or deleted as a controlled substance under federal law, the commission shall similarly control the substance under this chapter after the expiration of thirty days from the date of publication in the federal register of a final order designating the substance as a controlled substance or rescheduling or deleting the substance or from the date of issuance of an order of temporary scheduling under Section 508 of the federal Dangerous Drug Diversion Control Act of 1984, 21 U.S.C. (7)(a) Before the board issues a new or renewed license to an applicant it must give notice of the application to the chief executive officer of the incorporated city or town, if the application is for a license within an incorporated city or town, or to the county legislative authority, if the application is for a license outside the boundaries of incorporated cities or towns, or to the tribal government if the application is for a license within Indian country, or to the port authority if the application for a license is located on property owned by a port authority. A good criminal defense attorney knows that there are several ways to fight drug charges. (1) There shall be a cannabis producer's license regulated by the board and subject to annual renewal. However, if a law enforcement agency satisfies a landlord's claim under subsection (15) of this section, the rights the landlord has against the tenant for damages directly caused by a law enforcement officer under the terms of the landlord and tenant's contract are subrogated to the law enforcement agency. (iii) Retail outlets may also purchase and sell lockable boxes, provided that the sales price is not less than the cost of acquisition. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services. (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. For purposes of this subsection, "insolvent" means the condition that results when the sum of the entity's debts exceeds the fair market value of its assets. (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. This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it. Both amendments are incorporated in the publication of this section under RCW, This section was amended by 2022 c 16 68 and by 2022 c 135 6, each without reference to the other. The state liquor and cannabis board may adopt rules necessary to implement subsection (2) of this section until a successor state agency or agencies assume responsibility for establishing and administering laboratory standards and accreditation. (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. Violations occurring under a private, controlled purchase program authorized by the board may not be used for criminal or administrative prosecution. The legislature further finds that due to the unique characterization of authorizations for the medical use of marijuana [cannabis], the policy of providing a tax preference benefit for patients using an authorization should in no way be construed as precedent for changes in the treatment of prescription medications or over-the-counter medications. This section does not apply to: (a) Persons between the ages of eighteen and twenty-one who hold valid recognition cards and purchase cannabis at a cannabis retail outlet holding a medical cannabis endorsement; (b) Persons between the ages of eighteen and twenty-one years who are participating in a controlled purchase program authorized by the board under rules adopted by the board. RCW 46.61.5054(1 . ), (ii) Hemp and industrial hemp, as defined in RCW. Legislature Front; House of Representatives; Senate (f) Meet other requirements as adopted by rule of the department or the board. (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; (f) In a public housing project designated by a local governing authority as a drug-free zone; (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. (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. This measure authorizes the state liquor control board to regulate and tax marijuana [cannabis] for persons twenty-one years of age and older, and add a new threshold for driving under the influence of marijuana [cannabis]." (2) The board must make recommendations on eliminating areas of concern disclosed within the scope of the on-site consultation. (d) Stimulants. (7) The possession by a qualifying patient or designated provider of cannabis concentrates, useable cannabis, cannabis-infused products, or plants in accordance with chapter. 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. (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. (c) Use or employ a commercial mascot outside of, and in proximity to, a licensed cannabis business. (viii) whether the substance is an immediate precursor of a controlled substance. An administrative law judge may extend the summary suspension period for up to one calendar year from the first day of the initial summary suspension in the event the proceedings for revocation or other action cannot be completed during the initial one hundred eighty-day period due to actions by the licensee. If you have ever had a conviction for simple possession of any controlled substance in any Washington state superior, district, or municipal court, your conviction is unconstitutional. (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. (b) After considering the factors enumerated in subsection (a) of this section, the commission shall make findings with respect thereto and adopt and cause to be published a rule controlling the substance upon finding the substance has a potential for abuse. (3) A cannabis licensee may not utilize transit advertisements for the purpose of advertising its business or product line. (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. (cc) "Isomer" means an optical isomer, but in subsection (gg)(5) of this section, RCW. (8) A public comment period must be provided at every meeting of the task force. The controlled substances in this section may be added, rescheduled, or deleted as provided for in RCW, Pharmacy quality assurance commission may change schedules of controlled substances: RCW. The commission shall publish updated schedules annually. Any person who violates this subsection is guilty of a crime and, upon conviction, shall be subject to the same term of imprisonment and/or fine as provided by this chapter for the . (q) "Deliver" or "delivery" means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship. (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. During the visit, the board may not issue notices or citations and may not assess civil penalties. (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. The commission may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a depressant effect on the central nervous system. (b) Eleven percent to the health care authority to: (i) Design and administer the Washington state healthy youth survey, analyze the collected data, and produce reports, in collaboration with the office of the superintendent of public instruction, department of health, department of commerce, family policy council, and board. (a) Except as authorized in this chapter, and notwithstanding the provisions of section 37-2732, Idaho Code: (1) Any person who knowingly manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, one (1) pound of marijuana or more, or twenty . Joliet police arrested Kelly Decman on charges of possession of a controlled substance and possession with intent to manufacture/deliver a controlled substance.. Kelly Decman's decision to take a . Representative samples of cannabis, useable cannabis, or cannabis-infused products. (3) The prosecutor is encouraged to divert cases under this section for assessment, treatment, or other services. (2)(a) For a responsible individual who is the current or a former chief executive or chief financial officer, liability under this section applies regardless of fault or whether the individual was or should have been aware of the unpaid trust fund tax liability of the limited liability business entity. Both amendments are incorporated in the publication of this section under RCW. 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. (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. (4) The following definitions apply throughout this section unless the context clearly requires otherwise. The state of Washington fully occupies and preempts the entire field of setting penalties for violations of the controlled substances act. (f) State and local agency administrative costs and revenues. (1) Gamma-hydroxybutyric acid: Some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate; (e) Stimulants. (5) Concentrate of poppy straw (The crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy.). The licensee is authorized to produce: (a) Cannabis for sale at wholesale to cannabis processors and other cannabis producers; (b) immature plants or clones and seeds for sale to cooperatives as described under RCW, (2) There shall be a cannabis processor's license to process, package, and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale at wholesale to cannabis processors and cannabis retailers, regulated by the board and subject to annual renewal. (4) The task force shall hold its first meeting by July 1, 2020. (1) Any practitioner who writes the first prescription for an opioid during the course of treatment to any patient must, under professional rules, discuss the following with the patient: (a) The risks of opioids, including risk of dependence and overdose; (b) Pain management alternatives to opioids, including nonopioid pharmacological treatments, and nonpharmacological treatments available to the patient, at the discretion of the practitioner and based on the medical condition of the patient; and, (c) A written copy of the warning language provided by the department under RCW, (2) If the patient is under eighteen years old or does not have the capacity to make a health care decision, the discussion required by subsection (1) of this section must include the patient's parent, guardian, or the person identified in RCW. (ii) The board shall adopt rules to establish a license forfeiture process for a licensed cannabis retailer that is not fully operational and open to the public within a specified period from the date of license issuance, as established by the board, subject to the following restrictions: (A) No cannabis retailer's license may be subject to forfeiture within the first nine months of license issuance; and. (b) For the purposes of this subsection, "church" means a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. (b) "Public place" means, in addition to the definition provided in RCW, It is not a violation of this chapter to possess or deliver a controlled substance in compliance with chapter. (5)(a) The department of ecology may determine, assess, and collect annual fees sufficient to cover the direct and indirect costs of implementing a state cannabis product testing laboratory accreditation program, except for the initial program development costs. 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. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: Nabilone: Some trade or other names are ( )-trans3-(1,1-dimethlheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzol[b,d]pyran-9-one. The department may then provide funding to eligible entities to undertake the activities described in RCW 36.22.176(1)(c)(i), such as funding for project-based vouchers and other assistance necessary to support permanent supportive housing as defined in RCW 36.70A.030 or as administered by the office of apple health and homes created in RCW 43. . (a) A controlled substance may be dispensed only as provided in this section. (ii) Distribution amounts allocated to each county, city, and town must be distributed in four installments by the last day of each fiscal quarter. Except as authorized by this Act, it is unlawful for any person knowingly to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance other than methamphetamine and other than bath salts as defined in the Bath Salts Prohibition Act sold or offered for sale in a retail mercantile establishment as defined in Such an order shall be filed by the seizing agency in the county auditor's records in the county in which the real property is located. (xx) "Youth access" means the level of interest persons under the age of twenty-one may have in a vapor product, as well as the degree to which the product is available or appealing to such persons, and the likelihood of initiation, use, or addiction by adolescents and young adults. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers: (8) Pemoline (including organometallic complexes and chelates thereof); (12) SPA ((-)-1-dimethylamino-1, 2-dephenylethane). Legislature Home; Shelter of Representatives; Senate; Find Your Zone (3)(a) Except as provided in this subsection (3)(a), a responsible individual who is the current or a former chief executive or chief financial officer is liable under this section only for trust fund tax liability accrued during the period that he or she was the chief executive or chief financial officer. (b) The commission may limit revocation or suspension of a registration to the particular controlled substance or schedule of controlled substances, with respect to which grounds for revocation or suspension exist. (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: (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. The highlights of the bill are: For those aged 21 and over, it allows possession of a set "personal use" amount of controlled substances (e.g., 40 grams of oxycodone, 1 gram of heroin). (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. (B) The adoption of an ordinance or regulation related to zoning, business licensing, land use, or other regulatory measure that has the effect of preventing a licensee from receiving an occupancy permit from the jurisdiction or which otherwise prevents a licensed cannabis retailer from becoming operational. Within thirty days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the prosecuting attorney shall notify the commission of information relevant to emergency scheduling as provided for in RCW. (14) Expert testimony concerning its use. 355, or chapter. (d)(i) An amount not less than one million two hundred fifty thousand dollars to the board for administration of this chapter as appropriated in the omnibus appropriations act; (ii) One million three hundred twenty-three thousand dollars for fiscal year 2020 to the health professions account established under RCW, (iii) Two million four hundred fifty-three thousand dollars for fiscal year 2020 and two million four hundred twenty-three thousand dollars for fiscal years 2021, 2022, and 2023 to the Washington state patrol for a drug enforcement task force. For purposes of this subsection (7)(h)(iii), "taxpayer" means a limited liability business entity with unpaid trust fund taxes. (iv) Three and one-half grams of cannabis concentrates. Penalties for possession of a controlled substance with intent to deliver may include a one- to 15-year prison sentence.
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