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ENGROSSED
HOUSE BILL 2772
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Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1998 Regular Session
By
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.
Passed the House February 13, 1998.
Passed the Senate March 10, 1998.
Approved by the Governor
April 3, 1998.
Filed
in Office of Secretary of State April 3, 1998.
