6022-S AMH LEAV H5296.1
SSB 6022 - H AMD 1862
By Representative Leavitt
On page 2, after line 1, insert the following:
"NEW SECTION.  Sec. 2. A new section is added to chapter 69.50 RCW to read as follows:
(1) It is unlawful for any person to possess, purchase, deliver, sell, or possess with intent to sell, a tableting machine or encapsulating machine knowing, or under circumstances where one reasonably should know, that it will be used to manufacture, compound, convert, produce, process, or prepare fentanyl, or otherwise introduce fentanyl into the human body, in violation of this chapter.
(2) Any person who violates this section is guilty of a class C felony.
(3) For the purposes of this section:
(a) "Encapsulating machine" means manual, semiautomatic, or fully automatic equipment that can be used to fill shells or capsules with powdered or granular solids or semisolid material to produce coherent solid contents.
(b) "Tableting machine" means manual, semiautomatic, or fully automatic equipment that can be used to compact, compress, or mold powdered or granular solids or semisolid material to produce fused coherent solid tablets.
Sec. 3. RCW 9.94A.518 and 2003 c 53 s 57 are each amended to read as follows:
 
TABLE 4
 
 
DRUG OFFENSES
INCLUDED WITHIN EACH SERIOUSNESS LEVEL
 
III
Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW ((9.94A.602))9.94A.825
 
 
Controlled Substance Homicide (RCW 69.50.415)
 
 
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
 
 
Involving a minor in drug dealing (RCW 69.50.4015)
 
 
Manufacture of methamphetamine (RCW 69.50.401(2)(b))
 
 
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
 
 
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
 
 
Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)
 
 
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
 
II
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.4011)
 
 
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(2)(b))
 
 
Delivery of a material in lieu of a controlled substance (RCW 69.50.4012)
 
 
Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(1)(f))
 
 
Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(2)(b))
 
 
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(2)(a))
 
 
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(2) (c) through (e))
 
 
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
 
 
Possess, purchase, deliver, sell, or possess with intent to sell a tableting machine or encapsulating machine (section 2 of this act)
 
I
Forged Prescription (RCW 69.41.020)
 
 
Forged Prescription for a Controlled Substance (RCW 69.50.403)
 
 
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(2)(c))
 
 
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Nonnarcotic from Schedule I-V (RCW 69.50.4013)
 
 
Possession of Controlled Substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.4013)
 
 
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)"
 
Correct the title.
EFFECT: Adds provisions making it a felony offense to possess, purchase, deliver, sell, or possess with intent to sell, a tableting or encapsulating machine knowing, or under circumstances where one reasonably should know, that it will be used to manufacture, compound, convert, produce, process, or prepare fentanyl, or otherwise introduce fentanyl into the human body, in violation of the Uniform Controlled Substances Act. Ranks the offense as a seriousness level II offense under the Sentencing Reform Act.
--- END ---