CERTIFICATION OF ENROLLMENT

                   ENGROSSED HOUSE BILL 2772

                        55th Legislature

                      1998 Regular Session

Passed by the House February 13, 1998     Yeas 94   Nays 4 Speaker of the       House of Representatives Passed by the Senate March 10, 1998   Yeas 39   Nays 9

CERTIFICATE I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 2772  as passed by the House of Representatives and the Senate on the dates hereon set forth.

President of the Senate

Chief Clerk

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

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                     ENGROSSED HOUSE BILL 2772

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             Passed Legislature - 1998 Regular Session

State of Washington      55th Legislature     1998 Regular Session

By Representatives McDonald and Kastama

Read first time 01/20/98.  Referred to Committee on Law & Justice.

Revising provisions relating to drug paraphernalia.  

    AN ACT Relating to drug paraphernalia; adding a new section to chapter 26.28 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 26.28 RCW to read as follows:

    (1) Every person who sells or gives, or permits to be sold or given to any person any drug paraphernalia in any form commits a class I civil infraction under chapter 7.80 RCW.  For purposes of this subsection, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.  Drug paraphernalia includes, but is not limited to objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as:

    (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

    (b) Water pipes;

    (c) Carburetion tubes and devices;

    (d) Smoking and carburetion masks;

    (e) Roach clips:  Meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;

    (f) Miniature cocaine spoons and cocaine vials;

    (g) Chamber pipes;

    (h) Carburetor pipes;

    (i) Electric pipes;

    (j) Air-driven pipes;

    (k) Chillums;

    (l) Bongs; and

    (m) Ice pipes or chillers.

    (2) It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.

    (3) Nothing in subsection (1) of this section prohibits legal distribution of injection syringe equipment through public health and community based HIV prevention programs.

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