S-4530               _______________________________________________

 

                                         SUBSTITUTE SENATE BILL NO. 4858

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Senate Committee on Human Services & Corrections (originally sponsored by Senator Wojahn)

 

 

Read first time  2/7/86.

 

 


AN ACT Relating to social and health services; and amending RCW 69.50.401 and 69.41.070.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 69.50.401, chapter 308, Laws of 1971 ex. sess. as last amended by section 1, chapter 67, Laws of 1979 and RCW 69.50.401 are each amended to read as follows:

          (a) 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.

          (1) Any person who violates this subsection with respect to:

          (i) a controlled substance classified in Schedule I or II which is a narcotic drug, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, or fined not more than twenty-five thousand dollars, or both;

          (ii) any other controlled substance classified in Schedule I, II, or III, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

          (iii) a substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

          (iv) a substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

          (b) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess a counterfeit substance.

          (1) Any person who violates this subsection with respect to:

          (i) a counterfeit substance classified in Schedule I or II which is a narcotic drug, is guilty of a crime and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;

          (ii) any other counterfeit substance classified in Schedule I, II, or III, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

          (iii) a counterfeit substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

          (iv) a counterfeit substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;

          (v) any person who is convicted of selling, offering for sale or trade, or receiving pecuniary gain from any sample of a drug distributed by a manufacturer shall be guilty of a class C felony as defined in chapter 9A.20 RCW.

          (c) It is unlawful, except as authorized in this chapter and chapter 69.41 RCW, for any person to offer, arrange, or negotiate for the sale, gift, delivery, dispensing, distribution, or administration of a controlled substance to any person and then sell, give, deliver, dispense, distribute, or administer to that person any other liquid, substance, or material in lieu of such controlled substance.  Any person who violates this subsection is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.

          (d) 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 professional practice, or except as otherwise authorized by this chapter.  Any person who violates this subsection is guilty of a crime, and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both, except as provided for in subsection (e) of this section.

          (e) Except as provided for in subsection (a)(1)(ii) of this section any person found guilty of possession of forty grams or less of marihuana shall be guilty of a misdemeanor.

          This section shall not apply to offenses defined and punishable under the provisions of RCW 69.50.410.

 

        Sec. 2.  Section 7, chapter 186, Laws of 1973 1st ex. sess. as amended by section 4, chapter 4, Laws of 1983 1st ex. sess. and RCW 69.41.070 are each amended to read as follows:

          Whoever violates any provision of this chapter shall, upon conviction, be fined and imprisoned as herein provided:

          (1) For a violation of RCW 69.41.020, the offender shall be guilty of a felony.

          (2) For a violation of RCW 69.41.030 involving the sale, delivery, or possession with intent to sell or deliver, the offender shall be guilty of a felony.

          (3) For a violation of RCW 69.41.030 involving possession, the offender shall be guilty of a misdemeanor.

          (4) For a violation of RCW 69.41.040, the offender shall be guilty of a felony.

          (5) For a violation of RCW 69.41.050, the offender shall be guilty of a misdemeanor.

          (6) Any offense which is a violation of chapter 69.50 RCW other than RCW 69.50.401(c) shall not be charged under this chapter.

          (7) Any person who is convicted of selling, offering for sale or trade, or receiving pecuniary gain from any sample of a drug distributed by a manufacturer shall be guilty of a class C felony as defined in chapter 9A.20 RCW.