Strike everything after the enacting clause and insert the following:

Sec. 1. "RCW 69.50.315 and 2015 c 205 s 4 are each amended to read as follows:

(1) ((A))Notwithstanding any other provision of law, a person acting in good faith who seeks medical assistance for someone experiencing a drug-related overdose ((shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW 69.50.4013, or penalized under RCW 69.50.4014, if the evidence for the charge of possession of a controlled substance was obtained as a result of the person seeking medical assistance.

(2) A person))or who experiences a drug-related overdose and is in need of medical assistance ((shall))may not be arrested, charged ((or)), prosecuted, or convicted for possession or use of a controlled substance pursuant to RCW 69.50.4013, or penalized under RCW 69.50.4014, if the evidence for the charge of possession or use of a controlled substance was obtained as a result of the overdose and the need for medical assistance.

(3) Nothing in this section prohibits a peace officer from lawfully detaining a person without making an arrest.

(4) The protection in this section from prosecution for possession crimes under RCW 69.50.4013 shall not be grounds for suppression of evidence in other criminal charges, except as provided in subsection (2) of this section.

Sec. 2. RCW 69.50.4121 and 2023 sp.s. c 1 s 7 are each amended to read as follows:

(1) Every person who sells or permits to be sold 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, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance other than cannabis. Drug paraphernalia includes, but is not limited to objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cocaine 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) Miniature cocaine spoons and cocaine vials;

(f) Chamber pipes;

(g) Carburetor pipes;

(h) Electric pipes;

(i) Air-driven pipes; and

(j) 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 distribution or use of public health supplies including, but not limited to, syringe equipment, smoking equipment, or drug testing equipment, through public health programs, community-based HIV prevention programs, outreach, shelter((,)) and housing programs, and health care facilities, including hospitals and pharmacies. Public health and syringe service program clients and staff taking samples of substances and using drug testing equipment for the purpose of analyzing the composition of the substances or detecting the presence of certain substances are acting legally and are exempt from arrest and prosecution under RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c)."

On page 1, line 2 of the title, after "services;" strike the remainder of the title and insert "and amending RCW 69.50.315 and 69.50.4121."