H-1237.2
SUBSTITUTE HOUSE BILL 1212
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State of Washington | 65th Legislature | 2017 Regular Session |
By House Commerce & Gaming (originally sponsored by Representative Blake)
READ FIRST TIME 01/30/17.
AN ACT Relating to the possession and transfer of marijuana, marijuana plants, useable marijuana, marijuana-infused products, and marijuana concentrates; amending RCW
69.50.4013; reenacting and amending RCW
69.50.101; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 69.50.4013 and 2015 2nd sp.s. c 4 s 503 are each amended to read as follows:
(1) 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 or her professional practice, or except as otherwise authorized by this chapter.
(2) Except as provided in RCW
69.50.4014, any person who violates this section is guilty of a class C felony punishable under chapter
9A.20 RCW.
(3)
(((a) The possession, by a person twenty-one years of age or older, of useable marijuana, marijuana concentrates, or marijuana-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) is not a)) None of the following acts in (a) through (d) of this subsection are a violation of this section, this chapter, or any other provision of Washington state law
((.)):(((b))) (a) Except as provided in (c) of this subsection, the possession, by a person twenty-one years of age or older, of any combination of the following amounts of useable marijuana, marijuana-infused products, or marijuana concentrates:
(i) One ounce of useable marijuana;
(ii) Sixteen ounces of marijuana-infused product in solid form;
(iii) Seventy-two ounces of marijuana-infused product in liquid form; or
(iv) Seven grams of marijuana concentrates;
(b) The noncommercial delivery or transfer between persons of at least twenty-one years of age, during a single twenty-four hour period, and not conditioned upon or done in connection with any financial consideration, of:
(i) One ounce or less of useable marijuana;
(ii) Sixteen ounces or less of marijuana-infused product in solid form;
(iii) Seventy-two ounces or less of marijuana-infused product in liquid form; or
(iv) Seven grams or less of marijuana concentrates;
(c) Except as otherwise provided in chapter 69.51A RCW, the possession by a person twenty-one years of age or older of no more than six marijuana plants and up to twenty-four ounces of useable marijuana harvested from plants lawfully grown on the premises of the housing unit occupied by the person in possession of the marijuana plants and useable marijuana. No more than six plants may be grown or possessed on the premises of a single housing unit, regardless of the number of residents living on the premises. This subsection (3)(c) does not apply to marijuana plants or useable marijuana possessed or seized at a location other than the premises of the housing unit in which the marijuana plants were grown; and (d) The possession of marijuana, useable marijuana, marijuana concentrates, and marijuana-infused products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW
69.50.385(3), by a licensed employee of a common carrier when performing the duties authorized in accordance with RCW
69.50.382 and
69.50.385((, is not a violation of this section, this chapter, or any other provision of Washington state law)).
(4) No person under twenty-one years of age may possess, manufacture, sell, or distribute marijuana, marijuana-infused products, or marijuana concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.
(5) The possession by a qualifying patient or designated provider of marijuana concentrates, useable marijuana, marijuana-infused products, or plants in accordance with chapter
69.51A RCW is not a violation of this section, this chapter, or any other provision of Washington state law.
(6) All qualified patients under chapter 69.51A RCW and adults age twenty-one and older may contract with licensed testing facilities for the personal product testing of useable marijuana, marijuana-infused products, and marijuana concentrates. (7) Nothing in this section may be construed to prevent or restrict a property owner from prohibiting the cultivation of marijuana plants by a renter or lessee upon or within the property pursuant to the terms of a rental agreement, lease, or other contract.
(8) For the purposes of this section, "marijuana plant" means a living marijuana plant having at least three distinguishable and distinct leaves, each leaf being at least three centimeters in diameter, and a readily observable root formation consisting of at least two separate and distinct roots, each being at least two centimeters in length. Multiple stalks emanating from the same root ball or root system is considered part of the same single plant.
Sec. 2. RCW 69.50.101 and 2015 2nd sp.s. c 4 s 901 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(a) "Administer" means to apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:
(1) a practitioner authorized to prescribe (or, by the practitioner's authorized agent); or
(2) the patient or research subject at the direction and in the presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseperson, or employee of the carrier or warehouseperson.
(c) "CBD concentration" has the meaning provided in RCW
69.51A.010.
(d) "Commission" means the pharmacy quality assurance commission.
(e) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules.
(f)(1) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:
(i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or
(ii) with respect to a particular individual, that the individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.
(2) The term does not include:
(i) a controlled substance;
(ii) a substance for which there is an approved new drug application;
(iii) a substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent conduct with respect to the substance is pursuant to the exemption; or
(iv) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
(g) "Deliver" or "delivery((,))" means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.
(h) "Department" means the department of health.
(i) "Designated provider" has the meaning provided in RCW
69.51A.010.
(j) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(k) "Dispenser" means a practitioner who dispenses.
(l) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(m) "Distributor" means a person who distributes.
(n) "Drug" means (1) a controlled substance recognized as a drug in the official United States pharmacopoeia/national formulary or the official homeopathic pharmacopoeia of the United States, or any supplement to them; (2) controlled substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals; (3) controlled substances (other than food) intended to affect the structure or any function of the body of individuals or animals; and (4) controlled substances intended for use as a component of any article specified in (1), (2), or (3) of this subsection. The term does not include devices or their components, parts, or accessories.
(o) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency.
(p) "Electronic communication of prescription information" means the transmission of a prescription or refill authorization for a drug of a practitioner using computer systems. The term does not include a prescription or refill authorization verbally transmitted by telephone nor a facsimile manually signed by the practitioner.
(q) "Immediate precursor" means a substance:
(1) that the commission has found to be and by rule designates as being the principal compound commonly used, or produced primarily for use, in the manufacture of a controlled substance;
(2) that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
(3) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance.
(r) "Isomer" means an optical isomer, but in subsection (dd)(5) of this section, RCW
69.50.204(a) (12) and (34), and
69.50.206(b)(4), the term includes any geometrical isomer; in RCW
69.50.204(a) (8) and (42), and
69.50.210(c) the term includes any positional isomer; and in RCW
69.50.204(a)(35),
69.50.204(c), and
69.50.208(a) the term includes any positional or geometric isomer.
(s) "Lot" means a definite quantity of marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling.
(t) "Lot number" must identify the licensee by business or trade name and Washington state unified business identifier number, and the date of harvest or processing for each lot of marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product.
(u) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance:
(1) by a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
(v) "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
(w) "Marijuana concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent.
(x) "Marijuana processor" means a person licensed by the state liquor and cannabis board to process marijuana into marijuana concentrates, useable marijuana, and marijuana-infused products, package and label marijuana concentrates, useable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, useable marijuana, and marijuana-infused products at wholesale to marijuana retailers.
(y) "Marijuana producer" means a person licensed by the state liquor and cannabis board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
(z) "Marijuana products" means useable marijuana, marijuana concentrates, and marijuana-infused products as defined in this section.
(aa) "Marijuana researcher" means a person licensed by the state liquor and cannabis board to produce, process, and possess marijuana for the purposes of conducting research on marijuana and marijuana-derived drug products.
(bb) "Marijuana retailer" means a person licensed by the state liquor and cannabis board to sell marijuana concentrates, useable marijuana, and marijuana-infused products in a retail outlet.
(cc) "Marijuana-infused products" means products that contain marijuana or marijuana extracts, are intended for human use, are derived from marijuana as defined in subsection (v) of this section, and have a THC concentration no greater than ten percent. The term "marijuana-infused products" does not include either useable marijuana or marijuana concentrates.
(dd) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium, opium derivative, and any derivative of opium or opium derivative, including their salts, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their salts have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.
(8) Any compound, mixture, or preparation containing any quantity of any substance referred to in subparagraphs (1) through (7).
(ee) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW
69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.
(ff) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
(gg) "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(hh) "Plant" has the meaning provided in RCW
69.51A.010.
(ii) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(jj) "Practitioner" means:
(1) A physician under chapter
18.71 RCW; a physician assistant under chapter
18.71A RCW; an osteopathic physician and surgeon under chapter
18.57 RCW; an osteopathic physician assistant under chapter
18.57A RCW who is licensed under RCW
18.57A.020 subject to any limitations in RCW
18.57A.040; an optometrist licensed under chapter
18.53 RCW who is certified by the optometry board under RCW
18.53.010 subject to any limitations in RCW
18.53.010; a dentist under chapter
18.32 RCW; a podiatric physician and surgeon under chapter
18.22 RCW; a veterinarian under chapter
18.92 RCW; a registered nurse, advanced registered nurse practitioner, or licensed practical nurse under chapter
18.79 RCW; a naturopathic physician under chapter
18.36A RCW who is licensed under RCW
18.36A.030 subject to any limitations in RCW
18.36A.040; a pharmacist under chapter
18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.
(2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
(3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical quality assurance commission or equivalent and his or her supervising physician, an advanced registered nurse practitioner licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States.
(kk) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.
(ll) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
(mm) "Qualifying patient" has the meaning provided in RCW
69.51A.010.
(nn) "Recognition card" has the meaning provided in RCW
69.51A.010.
(oo) "Retail outlet" means a location licensed by the state liquor and cannabis board for the retail sale of marijuana concentrates, useable marijuana, and marijuana-infused products.
(pp) "Secretary" means the secretary of health or the secretary's designee.
(qq) "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
(rr) "THC concentration" means percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.
(ss) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.
(tt) "Useable marijuana" means dried marijuana flowers. The term "useable marijuana" does not include either marijuana-infused products or marijuana concentrates.
(uu) "Financial consideration" means value that is given or received directly or indirectly through a sale, barter, trade, fee, charge, due, contribution, or donation.
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