AN
ACT Relating to amphetamine; amending RCW 69.50.401; reenacting and amending
RCW 9.94A.320; prescribing penalties; and creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9.94A.320 and 1997 c 365 s 4, 1997 c 346 s 3, 1997 c 340 s 1, 1997 c 338 s 51,
1997 c 266 s 15, and 1997 c 120 s 5 are each reenacted and amended to read as
follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVAggravated Murder 1 (RCW 10.95.020)
XIVMurder 1 (RCW 9A.32.030)
Homicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW 70.74.280(1))
XIIIMurder 2 (RCW 9A.32.050)
Malicious explosion 2 (RCW 70.74.280(2))
Malicious placement of an explosive 1 (RCW
70.74.270(1))
XIIAssault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
Malicious placement of an imitation device 1 (RCW
70.74.272(1)(a))
XIRape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Manslaughter 1 (RCW 9A.32.060)
XKidnapping 1 (RCW
9A.40.020)
Child Molestation 1 (RCW 9A.44.083)
Malicious explosion 3 (RCW 70.74.280(3))
Over 18 and deliver heroin or narcotic from Schedule
I or II to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
Indecent Liberties (with forcible compulsion) (RCW
9A.44.100(1)(a))
IXAssault of a Child 2 (RCW
9A.36.130)
Robbery 1 (RCW 9A.56.200)
Explosive devices prohibited (RCW 70.74.180)
Malicious placement of an explosive 2 (RCW
70.74.270(2))
Over 18 and deliver narcotic from Schedule III, IV,
or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior
(RCW 69.50.406)
Controlled Substance Homicide (RCW 69.50.415)
Sexual Exploitation (RCW
9.68A.040)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
Vehicular Homicide, by being under the influence of
intoxicating liquor or any drug (RCW 46.61.520)
VIIIArson 1 (RCW 9A.48.020)
Promoting Prostitution 1
(RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any
controlled substance (RCW 69.50.410)
Manufacture, deliver, or possess with intent to
deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Manufacture, deliver, or possess with intent to
deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Manufacture, deliver, or possess with intent to
deliver amphetamine (RCW 69.50.401(a)(1)(ii))
Possession of ephedrine or pseudoephedrine with
intent to manufacture methamphetamine (RCW 69.50.440)
Vehicular Homicide, by the operation of any vehicle
in a reckless manner (RCW 46.61.520)
Manslaughter 2 (RCW 9A.32.070)
VIIBurglary 1 (RCW
9A.52.020)
Vehicular Homicide, by
disregard for the safety of others (RCW 46.61.520)
Introducing Contraband 1 (RCW 9A.76.140)
Indecent Liberties (without forcible compulsion)
(RCW 9A.44.100(1) (b) and (c))
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually
explicit conduct (RCW 9.68A.050)
Sending, bringing into
state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Involving a minor in drug dealing (RCW 69.50.401(f))
Drive-by Shooting (RCW 9A.36.045)
Unlawful Possession of a Firearm in the first degree
(RCW 9.41.040(1)(a))
Malicious placement of an explosive 3 (RCW
70.74.270(3))
VIBribery (RCW 9A.68.010)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110,
9A.72.130)
Malicious placement of an imitation device 2 (RCW
70.74.272(1)(b))
Incest 1 (RCW 9A.64.020(1))
Manufacture, deliver, or possess with intent to
deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW
69.50.401(a)(1)(i))
Intimidating a Judge (RCW
9A.72.160)
Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Theft of a Firearm (RCW 9A.56.300)
VPersistent prison
misbehavior (RCW 9.94.070)
Criminal Mistreatment 1 (RCW
9A.42.020)
Abandonment of dependent
person 1 (RCW 9A.42.060)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate
extension of credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit
(RCW 9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW
9A.76.170(2)(b))
Sexually Violating Human Remains (RCW 9A.44.105)
Delivery of imitation controlled substance by person
eighteen or over to person under eighteen (RCW 69.52.030(2))
Possession of a Stolen Firearm (RCW 9A.56.310)
IVResidential Burglary (RCW
9A.52.025)
Theft of Livestock 1 (RCW
9A.56.080)
Robbery 2 (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Commercial Bribery (RCW 9A.68.060)
Bribing a Witness/Bribe Received by Witness (RCW
9A.72.090, 9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW
72.66.060)
Hit and Run‑-Injury Accident (RCW
46.52.020(4))
Hit and Run with Vessel‑-Injury Accident (RCW
88.12.155(3))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to
deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V
(except marijuana, amphetamine, or methamphetamines) (RCW
69.50.401(a)(1) (iii) through (v))
Influencing Outcome of Sporting Event (RCW
9A.82.070)
Use of Proceeds of
Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW
9A.82.050(2))
IIICriminal Gang
Intimidation (RCW 9A.46.120)
Criminal Mistreatment 2
(RCW 9A.42.030)
Abandonment of dependent
person 2 (RCW 9A.42.070)
Extortion 2 (RCW
9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
Unlawful possession of firearm in the second degree
(RCW 9.41.040(1)(b))
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW
72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes (RCW
9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW
9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to
deliver marijuana (RCW 69.50.401(a)(1)(iii))
Delivery of a material in lieu of a controlled
substance (RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to
distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW
9A.82.050(1))
Theft of livestock 2 (RCW 9A.56.080)
Securities Act violation
(RCW 21.20.400)
IIUnlawful Practice of Law
(RCW 2.48.180)
Malicious Mischief 1 (RCW
9A.48.070)
Possession of Stolen
Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Class B Felony Theft of Rental, Leased, or
Lease-purchased Property (RCW 9A.56.096(4))
Trafficking in Insurance Claims (RCW 48.30A.015)
Unlicensed Practice of a Profession or Business (RCW
18.130.190(7))
Health Care False Claims (RCW 48.80.030)
Possession of controlled substance that is either
heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Create, deliver, or possess a counterfeit controlled
substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW
9A.52.110)
Escape from Community Custody (RCW 72.09.310)
ITheft 2 (RCW 9A.56.040)
Class C Felony Theft of
Rental, Leased, or Lease-purchased Property (RCW 9A.56.096(4))
Possession of Stolen Property 2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW
9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW
46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW
9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and
(3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW
69.50.403)
Possess Controlled Substance that is a Narcotic from
Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine)
(RCW 69.50.401(d))
Sec.
2. RCW
69.50.401 and 1997 c 71 s 2 are each amended to read as follows:
(a)
Except as authorized by this chapter, it is unlawful for any person to
manufacture, deliver, or possess with intent to manufacture or deliver, a
controlled substance.
(1)
Any person who violates this subsection with respect to:
(i)
a controlled substance classified in Schedule I or II which is a narcotic drug,
is guilty of a crime and upon conviction may be imprisoned for not more than
ten years, or (A) fined not more than twenty-five thousand dollars if the crime
involved less than two kilograms of the drug, or both such imprisonment and
fine; or (B) if the crime involved two or more kilograms of the drug, then
fined not more than one hundred thousand dollars for the first two kilograms
and not more than fifty dollars for each gram in excess of two kilograms, or
both such imprisonment and fine;
(ii)
amphetamine or methamphetamine, is guilty of a crime and upon conviction
may be imprisoned for not more than ten years, or (A) fined not more than
twenty-five thousand dollars if the crime involved less than two kilograms of
the drug, or both such imprisonment and fine; or (B) if the crime involved two
or more kilograms of the drug, then fined not more than one hundred thousand
dollars for the first two kilograms and not more than fifty dollars for each
gram in excess of two kilograms, or both such imprisonment and fine. Three
thousand dollars of the fine may not be suspended. As collected, the first
three thousand dollars of the fine must be deposited with the law enforcement
agency having responsibility for cleanup of laboratories, sites, or substances
used in the manufacture of the methamphetamine. The fine moneys deposited with
that law enforcement agency must be used for such clean-up cost;
(iii)
any other controlled substance classified in Schedule I, II, or III, is guilty
of a crime and upon conviction may be imprisoned for not more than five years,
fined not more than ten thousand dollars, or both;
(iv)
a substance classified in Schedule IV, is guilty of a crime and upon conviction
may be imprisoned for not more than five years, fined not more than ten
thousand dollars, or both;
(v)
a substance classified in Schedule V, is guilty of a crime and upon conviction
may be imprisoned for not more than five years, fined not more than ten
thousand dollars, or both.
(b)
Except as authorized by this chapter, it is unlawful for any person to create,
deliver, or possess a counterfeit substance.
(1)
Any person who violates this subsection with respect to:
(i)
a counterfeit substance classified in Schedule I or II which is a narcotic
drug, is guilty of a crime and upon conviction may be imprisoned for not more
than ten years, fined not more than twenty-five thousand dollars, or both;
(ii)
a counterfeit substance which is methamphetamine, is guilty of a crime and upon
conviction may be imprisoned for not more than ten years, fined not more than
twenty-five thousand dollars, or both;
(iii)
any other counterfeit substance classified in Schedule I, II, or III, is guilty
of a crime and upon conviction may be imprisoned for not more than five years,
fined not more than ten thousand dollars, or both;
(iv)
a counterfeit substance classified in Schedule IV, is guilty of a crime and
upon conviction may be imprisoned for not more than five years, fined not more
than ten thousand dollars, or both;
(v)
a counterfeit substance classified in Schedule V, is guilty of a crime and upon
conviction may be imprisoned for not more than five years, fined not more than
ten thousand dollars, or both.
(c)
It is unlawful, except as authorized in this chapter and chapter 69.41 RCW, for
any person to offer, arrange, or negotiate for the sale, gift, delivery,
dispensing, distribution, or administration of a controlled substance to any
person and then sell, give, deliver, dispense, distribute, or administer to
that person any other liquid, substance, or material in lieu of such controlled
substance. Any person who violates this subsection is guilty of a crime and
upon conviction may be imprisoned for not more than five years, fined not more
than ten thousand dollars, or both.
(d)
It is unlawful for any person to possess a controlled substance unless the
substance was obtained directly from, or pursuant to, a valid prescription or
order of a practitioner while acting in the course of his or her professional
practice, or except as otherwise authorized by this chapter. Any person who
violates this subsection is guilty of a crime, and upon conviction may be
imprisoned for not more than five years, fined not more than ten thousand
dollars, or both, except as provided for in subsection (e) of this section.
(e)
Except as provided for in subsection (a)(1)(iii) of this section any person
found guilty of possession of forty grams or less of marihuana shall be guilty
of a misdemeanor.
(f)
It is unlawful to compensate, threaten, solicit, or in any other manner involve
a person under the age of eighteen years in a transaction unlawfully to
manufacture, sell, or deliver a controlled substance. A violation of this
subsection shall be punished as a class C felony punishable in accordance with
RCW 9A.20.021.
This
section shall not apply to offenses defined and punishable under the provisions
of RCW 69.50.410.
NEW
SECTION. Sec. 3. If
specific funding for the purposes of this act, referencing this act by bill or
chapter number, is not provided by June 30, 1998, in the omnibus appropriations
act, this act is null and void.
