H-844 _______________________________________________
HOUSE BILL NO. 1982
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Representatives Van Luven, P. King, Hargrove, Padden, Crane, Schmidt, Scott, R. Meyers, Appelwick, Patrick, Ferguson, Winsley, Wood, Tate, Brough, D. Sommers, Smith and Horn
Read first time 2/15/89 and referred to Committee on Judiciary.
AN ACT Relating to mandatory sentences for certain crimes involving controlled substances; amending RCW 69.50.401; and prescribing crimes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 69.50.401, chapter 308, Laws of 1971 ex. sess. as last amended by section 4, chapter 458, Laws of 1987 and RCW 69.50.401 are each amended to read as follows:
(a) Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.
(1) Any person who violates this subsection with respect to:
(i) a
controlled substance classified in Schedule I or II which is a narcotic drug,
is guilty of a crime and upon conviction ((may)) shall be
imprisoned for seven and one-half years (ninety months) sentence minimum but
not for more than ten years, or fined not more than twenty-five thousand
dollars, or both;
(ii) any
other controlled substance classified in Schedule I((,)) or II((,
or III)), is guilty of a crime and upon conviction ((may)) shall
be imprisoned for ((not more than five)) seven and one-half years
(ninety months) minimum sentence but not for more than nine years, fined
not more than ten thousand dollars, or both;
(iii) a substance classified in Schedule III is guilty of a crime and upon conviction shall be imprisoned for not less than five years, fined not more than ten thousand dollars, or both;
(iv) a substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;
(((iv)))
(v) a substance classified in Schedule V, is guilty of a crime and upon
conviction may be imprisoned for not more than five years, fined not more than
ten thousand dollars, or both.
(b) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess a counterfeit substance.
(1) Any person who violates this subsection with respect to:
(i) a
counterfeit substance classified in Schedule I or II which is a narcotic drug,
is guilty of a crime and upon conviction ((may)) shall be
imprisoned for ((not)) seven and one-half years (ninety months), but
not for more than ten years, fined not more than twenty-five thousand
dollars, or both;
(ii) any
other counterfeit substance classified in Schedule I, II, or III, is guilty of
a crime and upon conviction ((may)) shall be imprisoned for ((not
more than five)) seven and one-half years but not for more than
nine years, fined not more than ten thousand dollars, or both;
(iii) a counterfeit substance classified in Schedule III, is guilty of a crime and upon conviction shall be imprisoned for not less than five years, fined not more than ten thousand dollars, or both;
(iv) a counterfeit substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both;
(((iv)))
(v) a counterfeit substance classified in Schedule V, is guilty of a
crime and upon conviction may be imprisoned for not more than five years, fined
not more than ten thousand dollars, or both.
(c) It is unlawful, except as authorized in this chapter and chapter 69.41 RCW, for any person to offer, arrange, or negotiate for the sale, gift, delivery, dispensing, distribution, or administration of a controlled substance to any person and then sell, give, deliver, dispense, distribute, or administer to that person any other liquid, substance, or material in lieu of such controlled substance. Any person who violates this subsection is guilty of a crime and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both.
(d) 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 professional practice, or except as otherwise authorized by this chapter. Any person who violates this subsection is guilty of a crime, and upon conviction may be imprisoned for not more than five years, fined not more than ten thousand dollars, or both, except as provided for in subsection (e) of this section.
(e) Except as provided for in subsection (a)(1)(ii) of this section any person found guilty of possession of forty grams or less of marihuana shall be guilty of a misdemeanor.
(f) It is unlawful to compensate, threaten, solicit, or in any other manner involve a person under the age of eighteen years in a transaction unlawfully to manufacture, sell, or deliver a controlled substance. A violation of this subsection shall be punished as a class C felony punishable in accordance with RCW 9A.20.021.
This section shall not apply to offenses defined and punishable under the provisions of RCW 69.50.410.