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                     ENGROSSED HOUSE BILL 2772

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State of Washington      55th Legislature     1998 Regular Session

By Representatives McDonald and Kastama

Read first time 01/20/98.  Referred to Committee on Law & Justice.

Revising provisions relating to drug paraphernalia. 

    AN ACT Relating to drug paraphernalia; adding a new section to chapter 26.28 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 26.28 RCW to read as follows:

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

    (2) 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.

    (3) Nothing in subsection (1) of this section prohibits legal distribution of injection syringe equipment through public health and community based HIV prevention programs.

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