H-0331.1
HOUSE BILL 1024
State of Washington
64th Legislature
2015 Regular Session
By Representatives Appleton, Reykdal, Robinson, Clibborn, Moeller, Moscoso, and Farrell
Prefiled 12/08/14. Read first time 01/12/15. Referred to Committee on Public Safety.
AN ACT Relating to reducing the penalty for possession of controlled substances; amending RCW 9.94A.518 and 69.50.4013; and repealing RCW 69.50.4014.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.  RCW 9.94A.518 and 2003 c 53 s 57 are each amended to read as follows:
 
 
TABLE 4
 
 
 
 
 
DRUG OFFENSES
INCLUDED WITHIN EACH SERIOUSNESS LEVEL
 
 
 
 
 
 
III
Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW ((9.94A.602)) 9.94A.825
 
 
 
 
Controlled Substance Homicide (RCW 69.50.415)
 
 
 
 
 
 
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
 
 
 
 
Involving a minor in drug dealing (RCW 69.50.4015)
 
 
 
 
 
Manufacture of methamphetamine (RCW 69.50.401(2)(b))
 
 
 
 
 
 
 
 
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
 
 
 
 
 
 
 
 
 
 
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
 
 
 
 
 
 
 
Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)
 
 
 
 
 
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
 
 
 
 
II
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.4011)
 
 
 
 
 
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(2)(b))
 
 
 
 
 
Delivery of a material in lieu of a controlled substance (RCW 69.50.4012)
 
 
 
 
 
Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(1)(f))
 
 
 
 
 
 
Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(2)(b))
 
 
 
 
 
 
 
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(2)(a))
 
 
 
 
 
 
 
 
 
 
 
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(2) (c) through (e))
 
 
 
 
 
 
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
 
 
 
I
Forged Prescription (RCW 69.41.020)
 
 
 
 
 
Forged Prescription for a Controlled Substance (RCW 69.50.403)
 
 
 
 
 
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(2)(c))
 
 
 
 
 
 
 
((Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Nonnarcotic from Schedule I-V (RCW 69.50.4013)
 
 
 
 
 
 
Possession of Controlled Substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.4013)))
 
 
 
 
 
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
 
Sec. 2.  RCW 69.50.4013 and 2013 c 3 s 20 are each amended to read as follows:
(1) 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.
(2) ((Except as provided in RCW 69.50.4014,)) Any person who violates this section is guilty of a ((class C felony)) misdemeanor punishable under chapter 9A.20 RCW.
(3) The possession, by a person twenty-one years of age or older, of useable marijuana or marijuana-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) is not a violation of this section, this chapter, or any other provision of Washington state law.
NEW SECTION.  Sec. 3.  RCW 69.50.4014 (Possession of forty grams or less of marihuana—Penalty) and 2003 c 53 s 335 are each repealed.
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