SENATE BILL REPORT

                  EHB 2772

              As Reported By Senate Committee On:

               Law & Justice, February 27, 1998

Title:  An act relating to drug paraphernalia.

Brief Description:  Revising provisions relating to drug paraphernalia.

Sponsors:  Representatives McDonald and Kastama.

Brief History:

Committee Activity:  Law & Justice:  2/26/98, 2/27/98 [DPA].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass as amended.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Hargrove, Kline, Long, McCaslin, Stevens and Zarelli.

Staff:  Aldo Melchiori (786-7439)

Background:  All drug paraphernalia, as defined in the Uniform Controlled Substance Act, is subject to seizure and forfeiture and no property right exists in it.

Summary of Amended Bill:  Every person who sells or gives drug paraphernalia, in any form, to a person under 18 years of age is guilty of a class I civil infraction.  Permitting the sale or gift is also an infraction.  The penalty for a class I civil infraction is $250 plus statutory assessments.  Drug paraphernalia is separately defined.  It is not a defense that the purchaser acted, or was believed to act, as an agent or representative.  Legal distribution of injection equipment through public health and community based HIV prevention programs is not prohibited.

Amended Bill Compared to Original Bill:  Only sale or gift to persons under 18 years of age is governed.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  None.

Testimony Against:  None.

Testified:  No one.