AN
ACT Relating to the sale of hypodermic syringes; amending RCW 69.50.412,
69.50.4121, and 70.115.050; and adding a new section to chapter 70.115 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
69.50.412 and 1981 c 48 s 2 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 lawful for any person over the age of eighteen to
possess sterile hypodermic syringes and needles for the purpose of reducing
bloodborne diseases.
Sec.
2. RCW
69.50.4121 and 1998 c 317 s 1 are each amended 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, and pharmacies.
NEW
SECTION. Sec. 3. A
new section is added to chapter 70.115 RCW to read as follows:
Nothing
contained in this act shall be construed to require a retailer to sell
hypodermic needles or syringes to any person.
*Sec.
4.
RCW 70.115.050 and 1981 c 147 s 5 are each amended to read as follows:
(1)
On the sale at retail of any hypodermic syringe, hypodermic needle, or any
device adapted for the use of drugs by injection, the retailer shall satisfy
himself or herself that the device will be used for the legal use intended.
(2)
The sale of sterile hypodermic syringes and needles for the purpose of reducing
the transmission of bloodborne diseases is a legal use under the provisions of
this section.
(3)
Sales must be limited to individuals over eighteen years of age and sales must
be limited to the number of used hypodermic syringes and needles returned by
the individual at the time of sale. Participating retailers shall provide
materials relating to drug prevention and treatment and safe disposal
techniques at the point of sale. The Washington board of pharmacy shall adopt
rules implementing the provisions of this subsection. Nothing in this section
shall be construed to limit the ability of persons to purchase or possess
hypodermic needles or syringes for other legal purposes, including
administering medications, such as insulin.
(4)
Biomedical waste shall be handled in a manner that protects the health, safety,
and welfare of the public, the environment, and the workers who handle the
waste. Safe disposal of syringes and needles purchased under this act shall be
consistent with the provisions of RCW 70.95K.030.
*Sec. 4 was vetoed. See message at end of chapter.
