AN ACT Relating to the
sale of hypodermic syringes; amending RCW 69.50.412, 69.50.4121, and
70.115.050; and adding a new section to chapter 70.115 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 69.50.412 and 1981 c
48 s 2 are each amended to read as follows:
(1) It is unlawful for
any person to use drug paraphernalia to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or
otherwise introduce into the human body a controlled substance. Any person who
violates this subsection is guilty of a misdemeanor.
(2) It is unlawful for
any person to deliver, possess with intent to deliver, or manufacture with
intent to deliver drug paraphernalia, knowing, or under circumstances where one
reasonably should know, that it will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or
otherwise introduce into the human body a controlled substance. Any person who
violates this subsection is guilty of a misdemeanor.
(3) Any person eighteen
years of age or over who violates subsection (2) of this section by delivering
drug paraphernalia to a person under eighteen years of age who is at least
three years his junior is guilty of a gross misdemeanor.
(4) It is unlawful for
any person to place in any newspaper, magazine, handbill, or other publication
any advertisement, knowing, or under circumstances where one reasonably should
know, that the purpose of the advertisement, in whole or in part, is to promote
the sale of objects designed or intended for use as drug paraphernalia. Any
person who violates this subsection is guilty of a misdemeanor.
(5) It
is lawful for any person over the age of eighteen to possess sterile hypodermic
syringes and needles for the purpose of reducing bloodborne diseases.
Sec. 2. RCW 69.50.4121 and 1998
c 317 s 1 are each amended 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, and pharmacies.
NEW SECTION. Sec.
3. A new section is added
to chapter 70.115 RCW to read as follows:
Nothing contained in
this act shall be construed to require a retailer to sell hypodermic needles or
syringes to any person.
Sec. 4. RCW 70.115.050 and 1981
c 147 s 5 are each amended to read as follows:
(1) On the sale
at retail of any hypodermic syringe, hypodermic needle, or any device adapted
for the use of drugs by injection, the retailer shall satisfy himself or
herself that the device will be used for the legal use intended.
(2) The sale of
sterile hypodermic syringes and needles for the purpose of reducing the
transmission of bloodborne diseases is a legal use under the provisions of this
section.
(3) Sales must be
limited to individuals over eighteen years of age and sales must be limited to
the number of used hypodermic syringes and needles returned by the individual
at the time of sale. Participating retailers shall provide materials relating
to drug prevention and treatment and safe disposal techniques at the point of
sale. The Washington board of pharmacy shall adopt rules implementing the
provisions of this subsection. Nothing in this section shall be construed to
limit the ability of persons to purchase or possess hypodermic needles or
syringes for other legal purposes, including administering medications, such as
insulin.
(4)
Biomedical waste shall be handled in a manner that protects the health, safety,
and welfare of the public, the environment, and the workers who handle the
waste. Safe disposal of syringes and needles purchased under this act shall be
consistent with the provisions of RCW 70.95K.030.
