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Initiative 502

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BILL REQUEST - CODE REVISER'S OFFICE
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BILL REQ. #: I-2465.1/11
ATTY/TYPIST: AI:crs
BRIEF DESCRIPTION:
Code Rev/AI:crs 1 I-2465.1/11
Initiative Measure No. 502 filed July 8, 2011
AN ACT Relating to marijuana; amending RCW 69.50.101, 69.50.401,
69.50.4013, 69.50.412, 69.50.4121, 69.50.500, 46.20.308, 46.61.502,
46.61.504, 46.61.50571, and 46.61.506; reenacting and amending RCW
69.50.505, 46.20.3101, and 46.61.503; adding a new section to chapter
46.04 RCW; adding new sections to chapter 69.50 RCW; creating new
sections; and prescribing penalties.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
PART I
INTENT
NEW SECTION. Sec. 1. The people intend to stop treating adult
marijuana use as a crime and try a new approach that:
(1) Allows law enforcement resources to be focused on violent and
property crimes;
(2) Generates new state and local tax revenue for education,
health care, research, and substance abuse prevention; and
(3) Takes marijuana out of the hands of illegal drug organizations
and brings it under a tightly regulated, state-licensed system similar
to that for controlling hard alcohol.
This measure authorizes the state liquor control board to regulate
and tax marijuana for persons twenty-one years of age and older, and
add a new threshold for driving under the influence of marijuana.
PART II
DEFINITIONS
Code Rev/AI:crs 2 I-2465.1/11
Sec. 2. RCW 69.50.101 and 2010 c 177 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, definitions of
terms shall be as indicated where used in this chapter:
(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) the patient or research subject at the direction and in the
presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor, or dispenser. It does
not include a common or contract carrier, public warehouseperson, or
employee of the carrier or warehouseperson.
(c) "Board" means the state board of pharmacy.
(d) "Controlled substance" means a drug, substance, or immediate
precursor included in Schedules I through V as set forth in federal or
state laws, or federal or board rules.
(e)(1) "Controlled substance analog" means a substance the
chemical structure of which is substantially similar to the chemical
structure of a controlled substance in Schedule I or II and:
(i) that has a stimulant, depressant, or hallucinogenic effect on
the central nervous system substantially similar to the stimulant,
depressant, or hallucinogenic effect on the central nervous system of
a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual
represents or intends to have a stimulant, depressant, or
hallucinogenic effect on the central nervous system substantially
similar to the stimulant, depressant, or hallucinogenic effect on the
central nervous system of a controlled substance included in Schedule
I or II.
(2) The term does not include:
(i) a controlled substance;
Code Rev/AI:crs 3 I-2465.1/11
(ii) a substance for which there is an approved new drug
application;
(iii) a substance with respect to which an exemption is in effect
for investigational use by a particular person under Section 505 of
the federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the
extent conduct with respect to the substance is pursuant to the
exemption; or
(iv) any substance to the extent not intended for human
consumption before an exemption takes effect with respect to the
substance.
(f) "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.
(g) "Department" means the department of health.
(h) "Dispense" means the interpretation of a prescription or order
for a controlled substance and, pursuant to that prescription or
order, the proper selection, measuring, compounding, labeling, or
packaging necessary to prepare that prescription or order for
delivery.
(i) "Dispenser" means a practitioner who dispenses.
(j) "Distribute" means to deliver other than by administering or
dispensing a controlled substance.
(k) "Distributor" means a person who distributes.
(l) "Drug" means (1) a controlled substance recognized as a drug
in the official United States pharmacopoeia/national formulary or the
official homeopathic pharmacopoeia of the United States, or any
supplement to them; (2) controlled substances intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in
individuals or animals; (3) controlled substances (other than food)
intended to affect the structure or any function of the body of
individuals or animals; and (4) controlled substances intended for use
as a component of any article specified in (1), (2), or (3) of this
subsection. The term does not include devices or their components,
parts, or accessories.
Code Rev/AI:crs 4 I-2465.1/11
(m) "Drug enforcement administration" means the drug enforcement
administration in the United States Department of Justice, or its
successor agency.
(n) "Immediate precursor" means a substance:
(1) that the state board of pharmacy has found to be and by rule
designates as being the principal compound commonly used, or produced
primarily for use, in the manufacture of a controlled substance;
(2) that is an immediate chemical intermediary used or likely to
be used in the manufacture of a controlled substance; and
(3) the control of which is necessary to prevent, curtail, or
limit the manufacture of the controlled substance.
(o) "Isomer" means an optical isomer, but in RCW 69.50.101(((r)))
(x)(5), 69.50.204(a) (12) and (34), and 69.50.206(b)(4), the term
includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42), and
69.50.210(c) the term includes any positional isomer; and in RCW
69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any
positional or geometric isomer.
(p) "Lot" means a definite quantity of marijuana, useable
marijuana, or marijuana-infused product identified by a lot number,
every portion or package of which is uniform within recognized
tolerances for the factors that appear in the labeling.
(q) "Lot number" shall identify the licensee by business or trade
name and Washington state unified business identifier number, and the
date of harvest or processing for each lot of marijuana, useable
marijuana, or marijuana-infused product.
(r) "Manufacture" means the production, preparation, propagation,
compounding, conversion, or processing of a controlled substance,
either directly or indirectly or by extraction from substances of
natural origin, or independently by means of chemical synthesis, or by
a combination of extraction and chemical synthesis, and includes any
packaging or repackaging of the substance or labeling or relabeling of
its container. The term does not include the preparation,
compounding, packaging, repackaging, labeling, or relabeling of a
controlled substance:
Code Rev/AI:crs 5 I-2465.1/11
(1) by a practitioner as an incident to the practitioner's
administering or dispensing of a controlled substance in the course of
the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized agent
under the practitioner's supervision, for the purpose of, or as an
incident to, research, teaching, or chemical analysis and not for
sale.
(((q))) (s) "Marijuana" or "marihuana" means all parts of the
plant Cannabis, whether growing or not, with a THC concentration
greater than 0.3 percent on a dry weight basis; the seeds thereof; the
resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds or resin. The term does not include the mature stalks of
the plant, fiber produced from the stalks, oil or cake made from the
seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed of
the plant which is incapable of germination.
(((r))) (t) "Marijuana processor" means a person licensed by the
state liquor control board to process marijuana into useable marijuana
and marijuana-infused products, package and label useable marijuana
and marijuana-infused products for sale in retail outlets, and sell
useable marijuana and marijuana-infused products at wholesale to
marijuana retailers.
(u) "Marijuana producer" means a person licensed by the state
liquor control board to produce and sell marijuana at wholesale to
marijuana processors and other marijuana producers.
(v) "Marijuana-infused products" means products that contain
marijuana or marijuana extracts and are intended for human use. The
term "marijuana-infused products" does not include useable marijuana.
(w) "Marijuana retailer" means a person licensed by the state
liquor control board to sell useable marijuana and marijuana-infused
products in a retail outlet.
(x) "Narcotic drug" means any of the following, whether produced
directly or indirectly by extraction from substances of vegetable
Code Rev/AI:crs 6 I-2465.1/11
origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis:
(1) Opium, opium derivative, and any derivative of opium or opium
derivative, including their salts, isomers, and salts of isomers,
whenever the existence of the salts, isomers, and salts of isomers is
possible within the specific chemical designation. The term does not
include the isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate,
including their isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, whenever the existence of the isomers, esters,
ethers, and salts is possible within the specific chemical
designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives or ecgonine or their
salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer
thereof.
(8) Any compound, mixture, or preparation containing any quantity
of any substance referred to in subparagraphs (1) through (7).
(((s))) (y) "Opiate" means any substance having an addictionforming
or addiction-sustaining liability similar to morphine or being
capable of conversion into a drug having addiction-forming or
addiction-sustaining liability. The term includes opium, substances
derived from opium (opium derivatives), and synthetic opiates. The
term does not include, unless specifically designated as controlled
under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-nmethylmorphinan
and its salts (dextromethorphan). The term includes
the racemic and levorotatory forms of dextromethorphan.
(((t))) (z) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(((u))) (aa) "Person" means individual, corporation, business
trust, estate, trust, partnership, association, joint venture,
Code Rev/AI:crs 7 I-2465.1/11
government, governmental subdivision or agency, or any other legal or
commercial entity.
(((v))) (bb) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(((w))) (cc) "Practitioner" means:
(1) A physician under chapter 18.71 RCW; a physician assistant
under chapter 18.71A RCW; an osteopathic physician and surgeon under
chapter 18.57 RCW; an osteopathic physician assistant under chapter
18.57A RCW who is licensed under RCW 18.57A.020 subject to any
limitations in RCW 18.57A.040; an optometrist licensed under chapter
18.53 RCW who is certified by the optometry board under RCW 18.53.010
subject to any limitations in RCW 18.53.010; a dentist under chapter
18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW;
a veterinarian under chapter 18.92 RCW; a registered nurse, advanced
registered nurse practitioner, or licensed practical nurse under
chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW
who is licensed under RCW 18.36A.030 subject to any limitations in RCW
18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific
investigator under this chapter, licensed, registered or otherwise
permitted insofar as is consistent with those licensing laws to
distribute, dispense, conduct research with respect to or administer a
controlled substance in the course of their professional practice or
research in this state.
(2) A pharmacy, hospital or other institution licensed,
registered, or otherwise permitted to distribute, dispense, conduct
research with respect to or to administer a controlled substance in
the course of professional practice or research in this state.
(3) A physician licensed to practice medicine and surgery, a
physician licensed to practice osteopathic medicine and surgery, a
dentist licensed to practice dentistry, a podiatric physician and
surgeon licensed to practice podiatric medicine and surgery, or a
veterinarian licensed to practice veterinary medicine in any state of
the United States.
(((x))) (dd) "Prescription" means an order for controlled
substances issued by a practitioner duly authorized by law or rule in
Code Rev/AI:crs 8 I-2465.1/11
the state of Washington to prescribe controlled substances within the
scope of his or her professional practice for a legitimate medical
purpose.
(((y))) (ee) "Production" includes the manufacturing, planting,
cultivating, growing, or harvesting of a controlled substance.
(((z))) (ff) "Retail outlet" means a location licensed by the
state liquor control board for the retail sale of useable marijuana
and marijuana-infused products.
(gg) "Secretary" means the secretary of health or the secretary's
designee.
(((aa))) (hh) "State," unless the context otherwise requires,
means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or a territory or insular possession
subject to the jurisdiction of the United States.
(((bb))) (ii) "THC concentration" means percent of delta-9
tetrahydrocannabinol content per dry weight of any part of the plant
Cannabis, or per volume or weight of marijuana product.
(jj) "Ultimate user" means an individual who lawfully possesses a
controlled substance for the individual's own use or for the use of a
member of the individual's household or for administering to an animal
owned by the individual or by a member of the individual's household.
(((cc))) (kk) "Useable marijuana" means dried marijuana flowers.
The term "useable marijuana" does not include marijuana-infused
products.
(ll) "Electronic communication of prescription information" means
the communication of prescription information by computer, or the
transmission of an exact visual image of a prescription by facsimile,
or other electronic means for original prescription information or
prescription refill information for a Schedule III-V controlled
substance between an authorized practitioner and a pharmacy or the
transfer of prescription information for a controlled substance from
one pharmacy to another pharmacy.
NEW SECTION. Sec. 3. A new section is added to chapter 46.04 RCW
to read as follows:
Code Rev/AI:crs 9 I-2465.1/11
"THC concentration" means nanograms of delta-9
tetrahydrocannabinol per milliliter of a person's whole blood. THC
concentration does not include measurement of the metabolite THC-COOH,
also known as carboxy-THC.
PART III
LICENSING AND REGULATION OF MARIJUANA
PRODUCERS, PROCESSORS, AND RETAILERS
NEW SECTION. Sec. 4. (1) There shall be a marijuana producer's
license to produce marijuana for sale at wholesale to marijuana
processors and other marijuana producers, regulated by the state
liquor control board and subject to annual renewal. The production,
possession, delivery, distribution, and sale of marijuana in
accordance with the provisions of this act and the rules adopted to
implement and enforce it, by a validly licensed marijuana producer,
shall not be a criminal or civil offense under Washington state law.
Every marijuana producer's license shall be issued in the name of the
applicant, shall specify the location at which the marijuana producer
intends to operate, which must be within the state of Washington, and
the holder thereof shall not allow any other person to use the
license. The application fee for a marijuana producer's license shall
be two hundred fifty dollars. The annual fee for issuance and renewal
of a marijuana producer's license shall be one thousand dollars. A
separate license shall be required for each location at which a
marijuana producer intends to produce marijuana.
(2) There shall be a marijuana processor's license to process,
package, and label useable marijuana and marijuana-infused products
for sale at wholesale to marijuana retailers, regulated by the state
liquor control board and subject to annual renewal. The processing,
packaging, possession, delivery, distribution, and sale of marijuana,
useable marijuana, and marijuana-infused products in accordance with
the provisions of this act and the rules adopted to implement and
enforce it, by a validly licensed marijuana processor, shall not be a
Code Rev/AI:crs 10 I-2465.1/11
criminal or civil offense under Washington state law. Every marijuana
processor's license shall be issued in the name of the applicant,
shall specify the location at which the licensee intends to operate,
which must be within the state of Washington, and the holder thereof
shall not allow any other person to use the license. The application
fee for a marijuana processor's license shall be two hundred fifty
dollars. The annual fee for issuance and renewal of a marijuana
processor's license shall be one thousand dollars. A separate license
shall be required for each location at which a marijuana processor
intends to process marijuana.
(3) There shall be a marijuana retailer's license to sell useable
marijuana and marijuana-infused products at retail in retail outlets,
regulated by the state liquor control board and subject to annual
renewal. The possession, delivery, distribution, and sale of useable
marijuana and marijuana-infused products in accordance with the
provisions of this act and the rules adopted to implement and enforce
it, by a validly licensed marijuana retailer, shall not be a criminal
or civil offense under Washington state law. Every marijuana
retailer's license shall be issued in the name of the applicant, shall
specify the location of the retail outlet the licensee intends to
operate, which must be within the state of Washington, and the holder
thereof shall not allow any other person to use the license. The
application fee for a marijuana retailer's license shall be two
hundred fifty dollars. The annual fee for issuance and renewal of a
marijuana retailer's license shall be one thousand dollars. A
separate license shall be required for each location at which a
marijuana retailer intends to sell useable marijuana and marijuanainfused
products.
NEW SECTION. Sec. 5. Neither a licensed marijuana producer nor a
licensed marijuana processor shall have a direct or indirect financial
interest in a licensed marijuana retailer.
NEW SECTION. Sec. 6. (1) For the purpose of considering any
application for a license to produce, process, or sell marijuana, or
Code Rev/AI:crs 11 I-2465.1/11
for the renewal of a license to produce, process, or sell marijuana,
the state liquor control board may cause an inspection of the premises
to be made, and may inquire into all matters in connection with the
construction and operation of the premises. For the purpose of
reviewing any application for a license and for considering the
denial, suspension, revocation, or renewal or denial thereof, of any
license, the state liquor control board may consider any prior
criminal conduct of the applicant including an administrative
violation history record with the state liquor control board and a
criminal history record information check. The state liquor control
board may submit the criminal history record information check to the
Washington state patrol and to the identification division of the
federal bureau of investigation in order that these agencies may
search their records for prior arrests and convictions of the
individual or individuals who filled out the forms. The state liquor
control board shall require fingerprinting of any applicant whose
criminal history record information check is submitted to the federal
bureau of investigation. The provisions of RCW 9.95.240 and of
chapter 9.96A RCW shall not apply to these cases. Subject to the
provisions of this section, the state liquor control board may, in its
discretion, grant or deny the renewal or license applied for. Denial
may be based on, without limitation, the existence of chronic illegal
activity documented in objections submitted pursuant to subsections
(7)(c) and (9) of this section. Authority to approve an uncontested
or unopposed license may be granted by the state liquor control board
to any staff member the board designates in writing. Conditions for
granting this authority shall be adopted by rule. No license of any
kind may be issued to:
(a) A person under the age of twenty-one years;
(b) A person doing business as a sole proprietor who has not
lawfully resided in the state for at least three months prior to
applying to receive a license;
(c) A partnership, employee cooperative, association, nonprofit
corporation, or corporation unless formed under the laws of this
Code Rev/AI:crs 12 I-2465.1/11
state, and unless all of the members thereof are qualified to obtain a
license as provided in this section; or
(d) A person whose place of business is conducted by a manager or
agent, unless the manager or agent possesses the same qualifications
required of the licensee.
(2)(a) The state liquor control board may, in its discretion,
subject to the provisions of section 7 of this act, suspend or cancel
any license; and all protections of the licensee from criminal or
civil sanctions under state law for producing, processing, or selling
marijuana, useable marijuana, or marijuana-infused products thereunder
shall be suspended or terminated, as the case may be.
(b) The state liquor control board shall immediately suspend the
license of a person who has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person who is not
in compliance with a support order. If the person has continued to
meet all other requirements for reinstatement during the suspension,
reissuance of the license shall be automatic upon the state liquor
control board's receipt of a release issued by the department of
social and health services stating that the licensee is in compliance
with the order.
(c) The state liquor control board may request the appointment of
administrative law judges under chapter 34.12 RCW who shall have power
to administer oaths, issue subpoenas for the attendance of witnesses
and the production of papers, books, accounts, documents, and
testimony, examine witnesses, and to receive testimony in any inquiry,
investigation, hearing, or proceeding in any part of the state, under
rules and regulations the state liquor control board may adopt.
(d) Witnesses shall be allowed fees and mileage each way to and
from any inquiry, investigation, hearing, or proceeding at the rate
authorized by RCW 34.05.446. Fees need not be paid in advance of
appearance of witnesses to testify or to produce books, records, or
other legal evidence.
(e) In case of disobedience of any person to comply with the order
of the state liquor control board or a subpoena issued by the state
liquor control board, or any of its members, or administrative law
Code Rev/AI:crs 13 I-2465.1/11
judges, or on the refusal of a witness to testify to any matter
regarding which he or she may be lawfully interrogated, the judge of
the superior court of the county in which the person resides, on
application of any member of the board or administrative law judge,
shall compel obedience by contempt proceedings, as in the case of
disobedience of the requirements of a subpoena issued from said court
or a refusal to testify therein.
(3) Upon receipt of notice of the suspension or cancellation of a
license, the licensee shall forthwith deliver up the license to the
state liquor control board. Where the license has been suspended
only, the state liquor control board shall return the license to the
licensee at the expiration or termination of the period of suspension.
The state liquor control board shall notify all other licensees in the
county where the subject licensee has its premises of the suspension
or cancellation of the license; and no other licensee or employee of
another licensee may allow or cause any marijuana, useable marijuana,
or marijuana-infused products to be delivered to or for any person at
the premises of the subject licensee.
(4) Every license issued under this act shall be subject to all
conditions and restrictions imposed by this act or by rules adopted by
the state liquor control board to implement and enforce this act. All
conditions and restrictions imposed by the state liquor control board
in the issuance of an individual license shall be listed on the face
of the individual license along with the trade name, address, and
expiration date.
(5) Every licensee shall post and keep posted its license, or
licenses, in a conspicuous place on the premises.
(6) No licensee shall employ any person under the age of twentyone
years.
(7)(a) Before the state liquor control board issues a new or
renewed license to an applicant it shall 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.
Code Rev/AI:crs 14 I-2465.1/11
(b) The incorporated city or town through the official or employee
selected by it, or the county legislative authority or the official or
employee selected by it, shall have the right to file with the state
liquor control board within twenty days after the date of transmittal
of the notice for applications, or at least thirty days prior to the
expiration date for renewals, written objections against the applicant
or against the premises for which the new or renewed license is asked.
The state liquor control board may extend the time period for
submitting written objections.
(c) The written objections shall include a statement of all facts
upon which the objections are based, and in case written objections
are filed, the city or town or county legislative authority may
request, and the state liquor control board may in its discretion
hold, a hearing subject to the applicable provisions of Title 34 RCW.
If the state liquor control board makes an initial decision to deny a
license or renewal based on the written objections of an incorporated
city or town or county legislative authority, the applicant may
request a hearing subject to the applicable provisions of Title 34
RCW. If a hearing is held at the request of the applicant, state
liquor control board representatives shall present and defend the
state liquor control board's initial decision to deny a license or
renewal.
(d) Upon the granting of a license under this title the state
liquor control board shall send written notification to the chief
executive officer of the incorporated city or town in which the
license is granted, or to the county legislative authority if the
license is granted outside the boundaries of incorporated cities or
towns.
(8) The state liquor control board shall not issue a license for
any premises within one thousand feet of the perimeter of the grounds
of any elementary or secondary school, playground, recreation center
or facility, child care center, public park, public transit center, or
library, or any game arcade admission to which is not restricted to
persons aged twenty-one years or older.
Code Rev/AI:crs 15 I-2465.1/11
(9) In determining whether to grant or deny a license or renewal
of any license, the state liquor control board shall 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. "Chronic illegal activity" means (a) a pervasive
pattern of activity that threatens the public health, safety, and
welfare of the city, town, or county including, but not limited to,
open container violations, assaults, disturbances, disorderly conduct,
or other criminal law violations, or as documented in crime
statistics, police reports, emergency medical response data, calls for
service, field data, or similar records of a law enforcement agency
for the city, town, county, or any other municipal corporation or any
state agency; or (b) an unreasonably high number of citations for
violations of RCW 46.61.502 associated with the applicant's or
licensee's operation of any licensed premises as indicated by the
reported statements given to law enforcement upon arrest.
NEW SECTION. Sec. 7. The action, order, or decision of the state
liquor control board as to any denial of an application for the
reissuance of a license to produce, process, or sell marijuana, or as
to any revocation, suspension, or modification of any license to
produce, process, or sell marijuana, shall be an adjudicative
proceeding and subject to the applicable provisions of chapter 34.05
RCW.
(1) 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.
(2) An opportunity for a hearing must be provided to a licensee
prior to a revocation or modification of any license and, except as
Code Rev/AI:crs 16 I-2465.1/11
provided in subsection (4) of this section, prior to the suspension of
any license.
(3) No hearing shall be required until demanded by the applicant
or licensee.
(4) The state liquor control board may summarily suspend a license
for a period of up to one hundred eighty days without a prior hearing
if it finds that public health, safety, or welfare imperatively
require emergency action, and it incorporates a finding to that effect
in its order. Proceedings for revocation or other action must be
promptly instituted and determined. 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. The state liquor control board's enforcement division shall
complete a preliminary staff investigation of the violation before
requesting an emergency suspension by the state liquor control board.
NEW SECTION. Sec. 8. (1) If the state liquor control board
approves, a license to produce, process, or sell marijuana may be
transferred, without charge, to the surviving spouse or domestic
partner of a deceased licensee if the license was issued in the names
of one or both of the parties. For the purpose of considering the
qualifications of the surviving party to receive a marijuana
producer's, marijuana processor's, or marijuana retailer's license,
the state liquor control board may require a criminal history record
information check. The state liquor control board may submit the
criminal history record information check to the Washington state
patrol and to the identification division of the federal bureau of
investigation in order that these agencies may search their records
for prior arrests and convictions of the individual or individuals who
filled out the forms. The state liquor control board shall require
fingerprinting of any applicant whose criminal history record
information check is submitted to the federal bureau of investigation.
Code Rev/AI:crs 17 I-2465.1/11
(2) The proposed sale of more than ten percent of the outstanding
or issued stock of a corporation licensed under this act, or any
proposed change in the officers of such a corporation, must be
reported to the state liquor control board, and state liquor control
board approval must be obtained before the changes are made. A fee of
seventy-five dollars will be charged for the processing of the change
of stock ownership or corporate officers.
NEW SECTION. Sec. 9. For the purpose of carrying into effect the
provisions of this act according to their true intent or of supplying
any deficiency therein, the state liquor control board may adopt rules
not inconsistent with the spirit of this act as are deemed necessary
or advisable. Without limiting the generality of the preceding
sentence, the state liquor control board is empowered to adopt rules
regarding the following:
(1) The equipment and management of retail outlets and premises
where marijuana is produced or processed, and inspection of the retail
outlets and premises;
(2) The books and records to be created and maintained by
licensees, the reports to be made thereon to the state liquor control
board, and inspection of the books and records;
(3) Methods of producing, processing, and packaging marijuana,
useable marijuana, and marijuana-infused products; conditions of
sanitation; and standards of ingredients, quality, and identity of
marijuana, useable marijuana, and marijuana-infused products produced,
processed, packaged, or sold by licensees;
(4) Security requirements for retail outlets and premises where
marijuana is produced or processed, and safety protocols for licensees
and their employees;
(5) Screening, hiring, training, and supervising employees of
licensees;
(6) Retail outlet locations and hours of operation;
(7) Labeling requirements and restrictions on advertisement of
marijuana, useable marijuana, and marijuana-infused products;
Code Rev/AI:crs 18 I-2465.1/11
(8) Forms to be used for purposes of this act or the rules adopted
to implement and enforce it, the terms and conditions to be contained
in licenses issued under this act, and the qualifications for
receiving a license issued under this act, including a criminal
history record information check. The state liquor control board may
submit any criminal history record information check to the Washington
state patrol and to the identification division of the federal bureau
of investigation in order that these agencies may search their records
for prior arrests and convictions of the individual or individuals who
filled out the forms. The state liquor control board shall require
fingerprinting of any applicant whose criminal history record
information check is submitted to the federal bureau of investigation;
(9) Application, reinstatement, and renewal fees for licenses
issued under this act, and fees for anything done or permitted to be
done under the rules adopted to implement and enforce this act;
(10) The manner of giving and serving notices required by this act
or rules adopted to implement or enforce it;
(11) Times and periods when, and the manner, methods, and means by
which, licensees shall transport and deliver marijuana, useable
marijuana, and marijuana-infused products within the state;
(12) Identification, seizure, confiscation, destruction, or
donation to law enforcement for training purposes of all marijuana,
useable marijuana, and marijuana-infused products produced, processed,
sold, or offered for sale within this state which do not conform in
all respects to the standards prescribed by this act or the rules
adopted to implement and enforce it: PROVIDED, That nothing in this
act shall be construed as authorizing the state liquor control board
to seize, confiscate, destroy, or donate to law enforcement marijuana,
useable marijuana, or marijuana-infused products produced, processed,
sold, offered for sale, or possessed in compliance with the Washington
state medical use of cannabis act, chapter 69.51A RCW.
NEW SECTION. Sec. 10. The state liquor control board, subject to
the provisions of this act, must adopt rules by December 1, 2013, that
Code Rev/AI:crs 19 I-2465.1/11
establish the procedures and criteria necessary to implement the
following:
(1) Licensing of marijuana producers, marijuana processors, and
marijuana retailers, including prescribing forms and establishing
application, reinstatement, and renewal fees;
(2) 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:
(a) Population distribution;
(b) Security and safety issues; and
(c) The provision of adequate access to licensed sources of
useable marijuana and marijuana-infused products to discourage
purchases from the illegal market;
(3) Determining the maximum quantity of marijuana a marijuana
producer may have on the premises of a licensed location at any time
without violating Washington state law;
(4) Determining the maximum quantities of marijuana, useable
marijuana, and marijuana-infused products a marijuana processor may
have on the premises of a licensed location at any time without
violating Washington state law;
(5) Determining the maximum quantities of useable marijuana and
marijuana-infused products a marijuana 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 subsections (3)
through (5) of this section, the state liquor control board shall take
into consideration:
(a) Security and safety issues;
(b) The provision of adequate access to licensed sources of
marijuana, useable marijuana, and marijuana-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;
Code Rev/AI:crs 20 I-2465.1/11
(7) Determining the nature, form, and capacity of all containers
to be used by licensees to contain marijuana, useable marijuana, and
marijuana-infused products, and their labeling requirements, to
include but not be limited to:
(a) The business or trade name and Washington state unified
business identifier number of the licensees that grew, processed, and
sold the marijuana, useable marijuana, or marijuana-infused product;
(b) Lot numbers of the marijuana, useable marijuana, or marijuanainfused
product;
(c) THC concentration of the marijuana, useable marijuana, or
marijuana-infused product;
(d) Medically and scientifically accurate information about the
health and safety risks posed by marijuana use; and
(e) Language required by RCW 69.04.480;
(8) In consultation with the department of agriculture,
establishing classes of marijuana, useable marijuana, and marijuanainfused
products according to grade, condition, cannabinoid profile,
THC concentration, or other qualitative measurements deemed
appropriate by the state liquor control board;
(9) Establishing reasonable time, place, and manner restrictions
and requirements regarding advertising of marijuana, useable
marijuana, and marijuana-infused products that are not inconsistent
with the provisions of this act, taking into consideration:
(a) Federal laws relating to marijuana that are applicable within
Washington state;
(b) Minimizing exposure of people under twenty-one years of age to
the advertising; and
(c) The inclusion of medically and scientifically accurate
information about the health and safety risks posed by marijuana use
in the advertising;
(10) Specifying and regulating the time and periods when, and the
manner, methods, and means by which, licensees shall transport and
deliver marijuana, useable marijuana, and marijuana-infused products
within the state;
Code Rev/AI:crs 21 I-2465.1/11
(11) In consultation with the department and the department of
agriculture, establishing accreditation requirements for testing
laboratories used by licensees to demonstrate compliance with
standards adopted by the state liquor control board, and prescribing
methods of producing, processing, and packaging marijuana, useable
marijuana, and marijuana-infused products; conditions of sanitation;
and standards of ingredients, quality, and identity of marijuana,
useable marijuana, and marijuana-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
marijuana, useable marijuana, and marijuana-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 act
or the rules of the state liquor control board.
NEW SECTION. Sec. 11. (1) On a schedule determined by the state
liquor control board, every licensed marijuana producer and processor
must submit representative samples of marijuana, useable marijuana, or
marijuana-infused products produced or processed by the licensee to an
independent, third-party testing laboratory meeting the accreditation
requirements established by the state liquor control board, for
inspection and testing to certify compliance with standards adopted by
the state liquor control board. Any sample remaining after testing
shall be destroyed by the laboratory or returned to the licensee.
(2) Licensees must submit the results of this inspection and
testing to the state liquor control board on a form developed by the
state liquor control board.
(3) If a representative sample inspected and tested under this
section does not meet the applicable standards adopted by the state
liquor control board, the entire lot from which the sample was taken
must be destroyed.
NEW SECTION. Sec. 12. Except as provided by chapter 42.52 RCW,
no member of the state liquor control board and no employee of the
Code Rev/AI:crs 22 I-2465.1/11
state liquor control board shall have any interest, directly or
indirectly, in the producing, processing, or sale of marijuana,
useable marijuana, or marijuana-infused products, or derive any profit
or remuneration from the sale of marijuana, useable marijuana, or
marijuana-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.
NEW SECTION. Sec. 13. There may be licensed, in no greater
number in each of the counties of the state than as the state liquor
control board shall deem advisable, retail outlets established for the
purpose of making useable marijuana and marijuana-infused products
available for sale to adults aged twenty-one and over. Retail sale of
useable marijuana and marijuana-infused products in accordance with
the provisions of this act and the rules adopted to implement and
enforce it, by a validly licensed marijuana retailer or retail outlet
employee, shall not be a criminal or civil offense under Washington
state law.
NEW SECTION. Sec. 14. (1) Retail outlets shall sell no products
or services other than useable marijuana, marijuana-infused products,
or paraphernalia intended for the storage or use of useable marijuana
or marijuana-infused products.
(2) Licensed marijuana retailers shall 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.
(3) Licensed marijuana retailers shall not display any signage in
a window, on a door, or on the outside of the premises of a retail
outlet that is visible to the general public from a public right-ofway,
other than a single sign no larger than one thousand six hundred
square inches identifying the retail outlet by the licensee's business
or trade name.
(4) Licensed marijuana retailers shall not display useable
marijuana or marijuana-infused products in a manner that is visible to
the general public from a public right-of-way.
Code Rev/AI:crs 23 I-2465.1/11
(5) No licensed marijuana retailer or employee of a retail outlet
shall open or consume, or allow to be opened or consumed, any useable
marijuana or marijuana-infused product on the outlet premises.
(6) The state liquor control board shall 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 marijuana fund created under section 26 of this act.
NEW SECTION. Sec. 15. The following acts, when performed by a
validly licensed marijuana retailer or employee of a validly licensed
retail outlet in compliance with rules adopted by the state liquor
control board to implement and enforce this act, shall not constitute
criminal or civil offenses under Washington state law:
(1) Purchase and receipt of useable marijuana or marijuana-infused
products that have been properly packaged and labeled from a marijuana
processor validly licensed under this act;
(2) Possession of quantities of useable marijuana or marijuanainfused
products that do not exceed the maximum amounts established by
the state liquor control board under section 10(5) of this act; and
(3) Delivery, distribution, and sale, on the premises of the
retail outlet, of any combination of the following amounts of useable
marijuana or marijuana-infused product to any person twenty-one years
of age or older:
(a) One ounce of useable marijuana;
(b) Sixteen ounces of marijuana-infused product in solid form; or
(c) Seventy-two ounces of marijuana-infused product in liquid
form.
NEW SECTION. Sec. 16. The following acts, when performed by a
validly licensed marijuana processor or employee of a validly licensed
marijuana processor in compliance with rules adopted by the state
liquor control board to implement and enforce this act, shall not
constitute criminal or civil offenses under Washington state law:
Code Rev/AI:crs 24 I-2465.1/11
(1) Purchase and receipt of marijuana that has been properly
packaged and labeled from a marijuana producer validly licensed under
this act;
(2) Possession, processing, packaging, and labeling of quantities
of marijuana, useable marijuana, and marijuana-infused products that
do not exceed the maximum amounts established by the state liquor
control board under section 10(4) of this act; and
(3) Delivery, distribution, and sale of useable marijuana or
marijuana-infused products to a marijuana retailer validly licensed
under this act.
NEW SECTION. Sec. 17. The following acts, when performed by a
validly licensed marijuana producer or employee of a validly licensed
marijuana producer in compliance with rules adopted by the state
liquor control board to implement and enforce this act, shall not
constitute criminal or civil offenses under Washington state law:
(1) Production or possession of quantities of marijuana that do
not exceed the maximum amounts established by the state liquor control
board under section 10(3) of this act; and
(2) Delivery, distribution, and sale of marijuana to a marijuana
processor or another marijuana producer validly licensed under this
act.
NEW SECTION. Sec. 18. (1) No licensed marijuana producer,
processor, or retailer shall place or maintain, or cause to be placed
or maintained, an advertisement of marijuana, useable marijuana, or a
marijuana-infused product in any form or through any medium
whatsoever:
(a) 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;
(b) On or in a public transit vehicle or public transit shelter;
or
(c) On or in a publicly owned or operated property.
Code Rev/AI:crs 25 I-2465.1/11
(2) Merchandising within a retail outlet is not advertising for
the purposes of this section.
(3) This section does not apply to a noncommercial message.
(4) The state liquor control board shall fine a licensee one
thousand dollars for each violation of subsection (1) of this section.
Fines collected under this subsection must be deposited into the
dedicated marijuana fund created under section 26 of this act.
Sec. 19. RCW 69.50.401 and 2005 c 218 s 1 are each amended to
read as follows:
(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
Code Rev/AI:crs 26 I-2465.1/11
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;
(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 marijuana in compliance with the
terms set forth in section 15, 16, or 17 of this act shall not
constitute a violation of this section, this chapter, or any other
provision of Washington state law.
Sec. 20. RCW 69.50.4013 and 2003 c 53 s 334 are each amended to
read as follows:
(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.
(2) Except as provided in RCW 69.50.4014, any person who violates
this section is guilty of a class C felony punishable under chapter
9A.20 RCW.
(3) The possession, by a person twenty-one years of age or older, of
useable marijuana or marijuana-infused products in amounts that do not
exceed those set forth in section 15(3) of this act is not a violation
of this section, this chapter, or any other provision of Washington
state law.
Code Rev/AI:crs 27 I-2465.1/11
NEW SECTION. Sec. 21. It is unlawful to open a package
containing marijuana, useable marijuana, or a marijuana-infused
product, or consume marijuana, useable marijuana, or a marijuanainfused
product, in view of the general public. A person who violates
this section is guilty of a class 3 civil infraction under chapter
7.80 RCW.
Sec. 22. RCW 69.50.412 and 2002 c 213 s 1 are each amended to
read as follows:
(1) It is unlawful for any person to use drug paraphernalia to
plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack,
store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance other than
marijuana. 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, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale, or otherwise introduce into the human body a controlled
substance other than marijuana. 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
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.
Code Rev/AI:crs 28 I-2465.1/11
(5) It is lawful for any person over the age of eighteen to
possess sterile hypodermic syringes and needles for the purpose of
reducing bloodborne diseases.
Sec. 23. RCW 69.50.4121 and 2002 c 213 s 2 are each amended to
read as follows:
(1) Every person who sells or gives, or permits to be sold or
given 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, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance other than
marijuana. Drug paraphernalia includes, but is not limited to objects
used, intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing ((marihuana,)) cocaine((, hashish, or hashish
oil)) 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) ((Roach clips: Meaning objects used to hold burning material,
such as a marihuana cigarette, that has become too small or too short
to be held in the hand;
(f))) Miniature cocaine spoons and cocaine vials;
(((g))) (f) Chamber pipes;
(((h))) (g) Carburetor pipes;
(((i))) (h) Electric pipes;
(((j))) (i) Air-driven pipes;
Code Rev/AI:crs 29 I-2465.1/11
(((k) Chillums;
(l) Bongs;)) and
(((m))) (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 legal
distribution of injection syringe equipment through public health and
community based HIV prevention programs, and pharmacies.
Sec. 24. RCW 69.50.500 and 1989 1st ex.s. c 9 s 437 are each
amended to read as follows:
(a) 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) 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.
Sec. 25. RCW 69.50.505 and 2009 c 479 s 46 and 2009 c 364 s 1 are
each reenacted and amended to read as follows:
(1) The following are subject to seizure and forfeiture and no
property right exists in them:
(a) All controlled substances which have been manufactured,
distributed, dispensed, acquired, or possessed in violation of this
chapter or chapter 69.41 or 69.52 RCW, and all hazardous chemicals, as
defined in RCW 64.44.010, used or intended to be used in the
manufacture of controlled substances;
Code Rev/AI:crs 30 I-2465.1/11
(b) All raw materials, products, and equipment of any kind which
are used, or intended for use, in manufacturing, compounding,
processing, delivering, importing, or exporting any controlled
substance in violation of this chapter or chapter 69.41 or 69.52 RCW;
(c) All property which is used, or intended for use, as a
container for property described in (a) or (b) of this subsection;
(d) All conveyances, including aircraft, vehicles, or vessels,
which are used, or intended for use, in any manner to facilitate the
sale, delivery, or receipt of property described in (a) or (b) of this
subsection, except that:
(i) No conveyance used by any person as a common carrier in the
transaction of business as a common carrier is subject to forfeiture
under this section unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy to a violation
of this chapter or chapter 69.41 or 69.52 RCW;
(ii) No conveyance is subject to forfeiture under this section by
reason of any act or omission established by the owner thereof to have
been committed or omitted without the owner's knowledge or consent;
(iii) No conveyance is subject to forfeiture under this section if
used in the receipt of only an amount of marijuana for which
possession constitutes a misdemeanor under RCW 69.50.4014;
(iv) A forfeiture of a conveyance encumbered by a bona fide
security interest is subject to the interest of the secured party if
the secured party neither had knowledge of nor consented to the act or
omission; and
(v) When the owner of a conveyance has been arrested under this
chapter or chapter 69.41 or 69.52 RCW the conveyance in which the
person is arrested may not be subject to forfeiture unless it is
seized or process is issued for its seizure within ten days of the
owner's arrest;
(e) All books, records, and research products and materials,
including formulas, microfilm, tapes, and data which are used, or
intended for use, in violation of this chapter or chapter 69.41 or
69.52 RCW;
Code Rev/AI:crs 31 I-2465.1/11
(f) All drug paraphernalia21 other than paraphernalia possessed,
sold, or used solely to facilitate marijuana-related activities that
are not violations of this chapter;
(g) All moneys, negotiable instruments, securities, or other
tangible or intangible property of value furnished or intended to be
furnished by any person in exchange for a controlled substance in
violation of this chapter or chapter 69.41 or 69.52 RCW, all tangible
or intangible personal property, proceeds, or assets acquired in whole
or in part with proceeds traceable to an exchange or series of
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW,
and all moneys, negotiable instruments, and securities used or
intended to be used to facilitate any violation of this chapter or
chapter 69.41 or 69.52 RCW. A forfeiture of money, negotiable
instruments, securities, or other tangible or intangible property
encumbered by a bona fide security interest is subject to the interest
of the secured party if, at the time the security interest was
created, the secured party neither had knowledge of nor consented to
the act or omission. No personal property may be forfeited under this
subsection (1)(g), to the extent of the interest of an owner, by
reason of any act or omission which that owner establishes was
committed or omitted without the owner's knowledge or consent; and
(h) All real property, including any right, title, and interest in
the whole of any lot or tract of land, and any appurtenances or
improvements which are being used with the knowledge of the owner for
the manufacturing, compounding, processing, delivery, importing, or
exporting of any controlled substance, or which have been acquired in
whole or in part with proceeds traceable to an exchange or series of
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW,
if such activity is not less than a class C felony and a substantial
nexus exists between the commercial production or sale of the
controlled substance and the real property. However:
(i) No property may be forfeited pursuant to this subsection
(1)(h), to the extent of the interest of an owner, by reason of any
act or omission committed or omitted without the owner's knowledge or
consent;
Code Rev/AI:crs 32 I-2465.1/11
(ii) The bona fide gift of a controlled substance, legend drug, or
imitation controlled substance shall not result in the forfeiture of
real property;
(iii) The possession of marijuana shall not result in the
forfeiture of real property unless the marijuana is possessed for
commercial purposes that are unlawful under Washington state law, the
amount possessed is five or more plants or one pound or more of
marijuana, and a substantial nexus exists between the possession of
marijuana and the real property. In such a case, the intent of the
offender shall be determined by the preponderance of the evidence,
including the offender's prior criminal history, the amount of
marijuana possessed by the offender, the sophistication of the
activity or equipment used by the offender, whether the offender was
licensed to produce, process, or sell marijuana, or was an employee of
a licensed producer, processor, or retailer, and other evidence which
demonstrates the offender's intent to engage in unlawful commercial
activity;
(iv) The unlawful sale of marijuana or a legend drug shall not
result in the forfeiture of real property unless the sale was forty
grams or more in the case of marijuana or one hundred dollars or more
in the case of a legend drug, and a substantial nexus exists between
the unlawful sale and the real property; and
(v) A forfeiture of real property encumbered by a bona fide
security interest is subject to the interest of the secured party if
the secured party, at the time the security interest was created,
neither had knowledge of nor consented to the act or omission.
(2) Real or personal property subject to forfeiture under this
chapter may be seized by any board inspector or law enforcement
officer of this state upon process issued by any superior court having
jurisdict