Classification of Crimes.

Crimes are classified as misdemeanors, gross misdemeanors, or class A, B, or C felonies.  While there are exceptions, the classification of a crime generally determines the maximum term of confinement and fine for an offense.  For each classification, the maximum terms of confinement and maximum fines are as follows: 

The Uniform Controlled Substances Act.

The Uniform Controlled Substances Act (UCSA) regulates the manufacture, distribution, and dispensation of controlled substances, including by prohibiting and penalizing certain conduct related to controlled substances, counterfeit substances, and drug paraphernalia.  Related provisions of state law also regulate legend drugs.

A "controlled substance" is a drug or substance included in Schedules I through V of the UCSA, with some exceptions.  Drugs and substances are placed on schedules based on their potential for abuse, medical use, and safety.

Nitrous Oxide.

Nitrous oxide is also known as dinitrogen monoxide or laughing gas.  It is a colorless gas, about 50 percent heavier than air, with a slightly sweet smell.  Nitrous oxide is manufactured by the thermal decomposition of ammonium nitrate.  It is approved for medical and culinary purposes by the United States Food and Drug Administration (FDA).  Physicians and dentists have been using nitrous oxide since the mid-nineteenth century, and it is still commonly used for sedation and pain relief in clinical settings.

The FDA has issued warnings about the intentional misuse or inhalation of nitrous oxide from various canisters, tanks, chargers, and other products.

Nitrous oxide is not classified as a controlled substance.  

It is a gross misdemeanor for a person to sell, furnish, administer, distribute, give away, or offer to sell, furnish, administer, distribute, or give away a device, canister, tank, or receptacle either exclusively containing nitrous oxide or flavored nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide.

The following are not violations of the prohibition:

• the administration of nitrous oxide for the purpose of providing medical, veterinary, or dental care, as a licensed medical, veterinary, or dental practitioner or under the supervision of a licensed practitioner;
• the sale of nitrous oxide contained in food products for use as a propellant;
• the sale and use of nitrous oxide by a manufacturer as part of a manufacturing process or industrial operation;
• the filling of cylinders of nitrous oxide for the subsequent sale, furnishment, or distribution of nitrous oxide for medical, veterinary, dental, food-grade, industrial, or automotive purposes, provided that the cylinders are not for personal use; and
• the sale and use of nitrous oxide for automotive purposes.

Nitrous oxide means N20, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas.

(In support) There is an unfortunate trend in the use of nitrous oxide across the state and the country, particularly with youth and young adults.  The use of these products can cause irreparable harm to children and teens.  These products are available in stores and are blatantly marketed to children.  Banning the sale of this product, while exempting legitimate uses like medical and dental, is a practical approach to this problem.  There is strong support for the bill.  Nitrous oxide canisters have been found on sacred sites on tribal territories.  The products appear as though they are being marketed to children, and people want to ensure that youth are not using these products.  The products have been banned from certain reservations.  Individuals that use these products will eventually transition to other substances and drugs that further negatively impact their lives.  

Nitrous oxide is incredibly dangerous for both children and adults in Washington.  The wide availability of these products and targeted marketing have led to gross misuse, serious health impacts, and loss of life.  A Seattle resident lost his life this past year from an overdose of nitrous oxide.  Nitrous oxide should not be as accessible as it is.  Nitrous oxide has many immediate effects, but recent cases over the last five to seven years show more insidious effects from multiple days of use.  These effects include blood clots in the legs, arms, lungs, and brain, which may result in a coma, bleeding in the brain, seizures, permanent vision loss, and death.  Chronic use may result in damage to the spinal cord, leading to other negative symptoms, which may be permanent.  The Washington Poison Center, along with poison centers around the nation, have seen an increase in the number and severity of nitrous oxide exposures.

(Opposed) None.

(Other) There is a request for additional clarification in the bill as it relates to veterinary care.

(In support) Representative Joe Timmons, prime sponsor; Loni Greninger, Vice Chairwoman, Jamestown S'Klallam Tribe; Azure Boure, Suquamish Tribal Council Member; Hewan Teshome; Jaime Bodden, WSALPHO; Kari Holley, Whatcom County Health and Community Services; and Alice Palosaari, Attorney General's Office.