H-3880.2  _______________________________________________

                          HOUSE BILL 2700

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives Kastama, Doumit, L. Thomas, Morris, DeBolt, Boldt, Delvin, Mulliken, Ogden, Conway, Cooper, Anderson, Thompson, Gardner and McCune

Read first time 01/19/98.  Referred to Committee on Law & Justice.

Making it a crime to sell or give drug or tobacco paraphernalia to minors.

    AN ACT Relating to selling or giving drug or tobacco paraphernalia to minors; amending RCW 26.28.080; and prescribing penalties.

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

    Sec. 1.  RCW 26.28.080 and 1994 sp.s. c 7 s 437 are each amended to read as follows:

(1) Every person who sells or gives, or permits to be sold or given to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form is guilty of a gross misdemeanor.

(2) Every person who sells or gives, or permits to be sold or given to any person under the age of eighteen years any drug or tobacco paraphernalia in any form commits a class I civil infraction under chapter 7.80 RCW.  For purposes of this subsection, "drug or tobacco paraphernalia" means all equipment, products, and materials of any kind which are used, or intended for use, or designed for use in smoking, inhaling, or ingesting tobacco in any form, or 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.  Drug or tobacco paraphernalia includes, but is not limited to objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing tobacco, 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) Chamber pipes;

(h) Carburetor pipes;

(i) Electric pipes;

(j) Air-driven pipes;

(k) Chillums;

(l) Bongs; and

(m) Ice pipes or chillers.

(3) 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.

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