Z-902                 _______________________________________________

                                                   HOUSE BILL NO. 1440

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Braddock, Leonard, Brooks and Anderson; by request of Board of Pharmacy

Read first time 1/25/89 and referred to Committee on Health Care.

AN ACT Relating to syringes and needles; and amending RCW 69.50.412.

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

        Sec. 1.  Section 2, chapter 48, Laws of 1981 and RCW 69.50.412 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 not a violation of this section for a pharmacy or public health agency to distribute hypodermic needles or syringes for the purpose of controlling the spread of communicable diseases.