BILL REQ. #:  H-3123.1 

Read first time 12/14/11.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to penalties for marihuana or cannabis type substance; amending RCW 69.50.4014, 69.50.408, and 69.50.412; and prescribing penalties.

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

Sec. 1   RCW 69.50.4014 and 2003 c 53 s 335 are each amended to read as follows:
     Except as provided in RCW 69.50.401(2)(c), any person found guilty of possession of ((forty grams or)):
     (1) Less than one-half ounce of marihuana ((is guilty of a misdemeanor)) shall be punished as follows:
     (a) For a first offense, a class 1 civil infraction under RCW 7.80.120 with a monetary penalty of one hundred fifty dollars; or
     (b) For a second or subsequent offense, a class 1 civil infraction under RCW 7.80.120 with a monetary penalty of at least two hundred dollars but no more than five hundred dollars;
     (2) At least one-half ounce but no more than one and one-half ounce of marihuana is guilty of a misdemeanor.

Sec. 2   RCW 69.50.408 and 2003 c 53 s 341 are each amended to read as follows:
     (1) Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.
     (2) For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs.
     (3) This section does not apply to offenses under RCW 69.50.4013 or 69.50.4014.

Sec. 3   RCW 69.50.412 and 2002 c 213 s 1 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, other than a cannabis type substance in a quantity of less than one-half ounce. 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, other than a cannabis type substance in a quantity of less than one-half ounce. Any person who violates this subsection is guilty of a misdemeanor.
     (3) It is unlawful for any person to: (a) 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, less than one-half ounce of a cannabis type substance, or (b) 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, less than one ounce of a cannabis type substance. A person who violates this subsection is guilty of a class 1 civil infraction under RCW 7.80.120.
     (4) 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))) (5) 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))) (6) 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.