(2) For the purposes of this section, "public place" has the same meaning as defined in RCW, (3) A person who violates this section is guilty of a class 3 civil infraction under chapter, (1) Nothing in this chapter permits anyone other than a validly licensed cannabis processor to use butane or other explosive gases to extract or separate resin from cannabis or to produce or process any form of cannabis concentrates or cannabis-infused products that include cannabis concentrates not purchased from a validly licensed cannabis retailer as an ingredient. (a)(i) Up to fifteen percent to the health care authority for the development, implementation, maintenance, and evaluation of programs and practices aimed at the prevention or reduction of maladaptive substance use, substance use disorder, substance abuse or substance dependence, as these terms are defined in the Diagnostic and Statistical Manual of Mental Disorders, among middle school and high school-age students, whether as an explicit goal of a given program or practice or as a consistently corresponding effect of its implementation, mental health services for children and youth, and services for pregnant and parenting women; PROVIDED, That: (A) Of the funds appropriated under (a)(i) of this subsection for new programs and new services, at least eighty-five percent must be directed to evidence-based or research-based programs and practices that produce objectively measurable results and, by September 1, 2020, are cost-beneficial; and. (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. (c) Use or employ a commercial mascot outside of, and in proximity to, a licensed cannabis business. (b) The commission may encourage research on misuse and abuse of controlled substances. The applicant must pay the cost of the review process directly to the scientific reviewer as designated by the board. (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. A visit to a licensee's licensed premises may not be considered an inspection or investigation under this chapter. These can range from very minor fines of $100 or less to significant fines of $100,000 or more. (2) If the board determines a characterizing flavor otherwise authorized under this section may pose a risk to public health or youth access, the board may, by rule adopted under RCW. 152.0261 possession of substances with intent to manufacture methamphetamine crime. (a) Individuals participating in an advisory capacity under this subsection are not members of the task force, may not vote, and are not subject to the appointment process established in this section. (3) In addition to the members appointed to the task force under subsection (2) of this section, individuals representing other sectors may be invited by the chair of the task force, in consultation with the other appointed members of the task force, to participate in an advisory capacity in meetings of the task force. (2) Real or personal property subject to forfeiture under this chapter may be seized by any commission inspector or law enforcement officer of this state upon process issued by any superior court having jurisdiction over the property. But when prosecutors decide to charge you possession with intent to deliver (PWID), you are facing far more serious felony charges which can mean years in prison. (m) "CBD product" means any product containing or consisting of cannabidiol. 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. (2) Information communicated to a practitioner in an effort unlawfully to procure a controlled substance or unlawfully to procure the administration of such substance, shall not be deemed a privileged communication. (5) In a prosecution under this section, a map produced or reproduced by any municipality, school district, county, transit authority engineer, or public housing authority for the purpose of depicting the location and boundaries of the area on or within one thousand feet of any property used for a school, school bus route stop, public park, public housing project designated by a local governing authority as a drug-free zone, public transit vehicle stop shelter, or a civic center designated as a drug-free zone by a local governing authority, or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas if the governing body of the municipality, school district, county, or transit authority has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the area on or within one thousand feet of the school, school bus route stop, public park, public housing project designated by a local governing authority as a drug-free zone, public transit vehicle stop shelter, or civic center designated as a drug-free zone by a local governing authority. (iv) Three and one-half grams of cannabis concentrates. This authority is granted in addition to any other power to suspend or revoke registration as provided by law. (II) Is a chemical analog or isomer of a compound that has been demonstrated to have binding activity at one or more cannabinoid receptors; (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered. RCW 69.50.505: Seizure and forfeiture. - Washington Legislature Front; House of Representatives; Senate (2) Licensed cannabis retailers may not employ persons under twenty-one years of age or allow persons under twenty-one years of age to enter or remain on the premises of a retail outlet. (b) "Chief executive" means: The president of a corporation or for other entities or organizations other than corporations or if the corporation does not have a president as one of its officers, the highest ranking executive manager or administrator in charge of the management of the company or organization. The written description must include notice of actions an employer may take as a consequence of an employee's failure to comply with company policies regarding the sale of cannabis during an in-house controlled purchase program. The ultimate length of the sentence depends largely on inmate conduct. Possession of between 1 ounce and less than 4 ounces by an offender who has had 4 or more previous drug convictions is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000. (f) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping or selling them in violation of this chapter. 37-2732B. (g) Assignment of licensor improvements of the intellectual property. For purposes of this subsection (7)(h)(iii), "taxpayer" means a limited liability business entity with unpaid trust fund taxes. (3)(a) A city, town, or county may adopt an ordinance requiring individual notice by an applicant for a cannabis producer's, cannabis processor's, cannabis researcher's, or cannabis retailer's license under this chapter, sixty days prior to issuance of the license, to any elementary or secondary school, playground, recreation center or facility, child care center, church, public park, public transit center, library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older, that is within one thousand feet of the perimeter of the grounds of the establishment seeking licensure. The liquor and cannabis board may adopt rules that address the findings and recommendations in the task force reports provided under RCW. (2) For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to narcotic drugs, cannabis, depressant, stimulant, or hallucinogenic drugs. (4) To fulfill the requirements of subsection (1) of this section, a practitioner may designate any individual who holds a credential issued by a disciplining authority under RCW, (5) Violation of this section constitutes unprofessional conduct under chapter, (a) Opioid prescriptions issued for the treatment of pain associated with terminal cancer or other terminal diseases, or for palliative, hospice, or other end-of-life care of where the practitioner determines the health, well-being, or care of the patient would be compromised by the requirements of this section and documents such basis for the determination in the patient's health care record; or. (4) An opportunity for a hearing must be provided to any person issued a notice of unpaid trust fund taxes under RCW, (5) No hearing may be required under this section until demanded by the applicant, licensee, or person issued a notice of unpaid trust fund taxes under RCW. The provisions of RCW. Possession of Drug Paraphernalia | Seattle Criminal Defense Lawyers (11) A city, town, or county may adopt rules of outdoor advertising by licensed cannabis retailers that are more restrictive than the advertising restrictions imposed under this chapter. 1) Convicted of a controlled substance offense. Knowing possession of any amount above the personal use amount is a Class C felony. All final determinations, findings, and conclusions of the commission under this chapter are final and conclusive decisions of the matters involved. (5) The annual fee for issuance, reissuance, or renewal for any license under this section must be equal to the fee established in RCW. (3) The board must adopt rules to perfect and expand existing programs for compliance education for licensed cannabis businesses and their employees. The laws of drug delivery, possession and use are governed by the Uniform Controlled Substances Act, which is provided in RCW 69.50. 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 IV: (a) Any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: (1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. (1) furnished false or fraudulent material information in any application filed under this chapter; (2) been convicted of a felony under any state or federal law relating to any controlled substance; (3) had the registrant's federal registration suspended or revoked and is no longer authorized by federal law to manufacture, distribute, or dispense controlled substances; or, (4) committed acts that would render registration under RCW. Any person who attempts or conspires to commit any offense defined in this chapter is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. (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. (4) [(m)] For the purposes of this section, the terms "long-term care facility" and "hospice program" have the meaning[s] provided in RCW. Cannabis producers, processors, retailers prohibited from making certain sales of cannabis, cannabis products. PDF RCW 69.50.4011 Counterfeit substances Penalties. (4) A pharmacist who receives a written, oral, or faxed prescription is not required to verify that the prescription properly meets any exemptions under this section. (vi) Business plans involving partnerships or assistance to organizations or residents with connection to populations with a history of high rates of enforcement of cannabis prohibition. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (34) Methylphenobarbital (mephobarbital); (c) Fenfluramine. Criminal Jury Instructions Chapter 25 - The Florida Bar The current offense was a major violation of the Uniform Controlled Substances . Selling, Purchasing, Manufacturing, Delivering, or Possessing Drugs (5) If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1)(b), (c), (d), (e), (f), (g), or (h) of this section within forty-five days of the service of notice from the seizing agency in the case of personal property and ninety days in the case of real property, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. After January 1, 2017, any reconsideration of the maximum number of retail outlets needed to meet the medical needs of qualifying patients must consider information contained in the medical cannabis authorization database established in RCW. Upon a revocation order becoming final, all controlled substances may be forfeited to the state. The department shall notify a registrant, or the registrant's successor in interest, who has any controlled substance seized or placed under seal, of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. (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. This chapter may be cited as the Uniform Controlled Substances Act. The warrant shall: (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof; (b) Be directed to a person authorized by RCW. (8) A public comment period must be provided at every meeting of the task force. (h) Additional requirements deemed necessary by the board. Prescriptions shall be retained in conformity with the requirements of RCW. (8) In consultation with the department of agriculture and the department, establishing classes of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products according to grade, condition, cannabinoid profile, THC concentration, CBD concentration, or other qualitative measurements deemed appropriate by the board; (11) In consultation with the department and the department of agriculture, prescribing methods of producing, processing, and packaging cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products; conditions of sanitation; and standards of ingredients, quality, and identity of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products produced, processed, packaged, or sold by licensees; (1) The label on a cannabis product container, including cannabis concentrates, useable cannabis, or cannabis-infused products, sold at retail must include: (a) The business or trade name and Washington state unified business identifier number of the cannabis producer and processor; (c) The THC concentration and CBD concentration of the product; (d) Medically and scientifically accurate and reliable information about the health and safety risks posed by cannabis use; (f) A disclaimer, subject to the following conditions: (i) Where there is one statement made under subsection (2) of this section, or as described in subsection (5)(b) of this section, the disclaimer must state "This statement has not been evaluated by the State of Washington. The recommendations must include: (a) Factors the board must consider in distributing the licenses currently available from cannabis retailer licenses that have been subject to forfeiture, revocation, or cancellation by the board, or cannabis retailer licenses that were not previously issued by the board but could have been issued without exceeding the limit on the statewide number of cannabis retailer licenses established by the board before January 1, 2020; (b) Whether any additional cannabis producer, processor, or retailer licenses should be issued beyond the total number of licenses that have been issued as of June 11, 2020. Issuance and execution of administrative inspection warrants shall be as follows: (1) A judge of a superior court, or a judge of a district court within his or her jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by this chapter or rules hereunder, and seizures of property appropriate to the inspections. Real property seized under this section shall not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later: PROVIDED, That real property seized under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a security interest. Counties must receive 60 percent of the distribution based on each county's total proportional population. Any person aggrieved by the decision may obtain review of the decision in the superior court wherein he or she resides or in the superior court of Thurston county, such review to be in conformity with the administrative procedure act, chapter. In 2016, Shannon Blake was arrested in Spokane and convicted of simple drug possession. (17) Subsections (15) and (16) of this section do not limit any other rights a landlord may have against a tenant to collect for damages. (5) An individual who violates this section commits a civil violation. (11) Controlled substances listed in Schedule I, II, III, IV, and V that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and shall be seized and summarily forfeited to the state. (5) The risk taking entrepreneurs who are trying to comply with board regulations should not face punitive consequences for mistakes made during this initial phase of the industry that did not pose a direct threat to public health and safety." The term "anabolic steroids" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone, that promotes muscle growth and includes: (4) 1-androstenediol (3,17-dihydroxy-5-androst-1-ene); (5) 1-androstenediol (3,17-dihydroxy-5-androst-1-ene); (6) 4-androstenediol (3,17-dihydroxy-androst-4-ene); (7) 5-androstenediol (3,17-dihydroxy-androst-5-ene); (8) 1-androstenedione ([5]-androst-1-en-3,17-dione); (9) 4-androstenedione (androst-4-en-3,17-dione); (10) 5-androstenedione (androst-5-en-3,17-dione); (11) Bolasterone (7,17-dimethyl-17-hydroxyandrost-4-en-3-one); (12) Boldenone (17-hydroxyandrost-1,4,-diene-3-one); (13) Calusterone (7,17-dimethyl-17-hydroxyandrost-4-en-3-one); (14) Clostebol (4-chloro-17-hydroxyandrost-4-en-3-one); (15) Dehydrochloromethyltestosterone (4-chloro-17-hydroxy-17-methyl-androst-1,4-dien-3-one); (16) 1-dihydrotestosterone (a.k.a. (g) "Officer" means any officer or assistant officer of a corporation, including the president, vice president, secretary, and treasurer. (1) For the purposes listed in this subsection (1), the legislature must appropriate to the respective agencies amounts sufficient to make the following expenditures on a quarterly basis or as provided in this subsection: (a) One hundred twenty-five thousand dollars to the health care authority to 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) The superior courts of this state have jurisdiction to restrain or enjoin violations of this chapter. (hh) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability.

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