Controlled Substances.
It is unlawful for a person to knowingly possess a controlled substance, or to knowingly use a controlled substance in a public place. Possession of a Controlled Substance and Use of a Controlled Substance in a Public Place are classified as gross misdemeanors, punishable by up to 180 days in jail, a $1,000 fine, or both. However, if a person is convicted of either offense, and has two or more prior convictions for such offenses occurring after July 1, 2023, the person is subject to imprisonment for up to 364 days, a fine of up to $1,000, or both. It is a misdemeanor to knowingly possess 40 grams or less of cannabis; other provisions of law provide permitted quantities of various cannabis products for persons age 21 or older.
Individuals charged with these offenses may be able to seek a pretrial diversion of the charges, in either superior court or courts of limited jurisdiction, by making a motion to the court and substantially complying with any treatment and services recommended by the following relevant referral source: the Recovery Navigator Program, the Arrest and Jail Alternative Program, or the Law Enforcement Assisted Diversion Program.
Exemption from Prosecution.
A person will not be charged or prosecuted for Possession of a Controlled Substance, or penalized for Possession of 40 Grams or Less of Cannabis, if the evidence for the charge is obtained because that person:
This protection does not apply to suppression of evidence in other criminal charges.
Drug Paraphernalia.
Selling or permitting drug paraphernalia to be sold is a class I civil infraction. The prohibitions related to drug paraphernalia do not prohibit distribution or use of public health supplies, including syringe equipment, smoking equipment, or drug testing equipment, through public health programs, community-based HIV prevention programs, outreach, shelter, and housing programs, and pharmacies. Public health and syringe service program staff are exempt from arrest and prosecution for taking samples of substances and using drug testing equipment to analyze or detect substances.
The state preempts the field of regulating drug paraphernalia, including regulating the use, selling, giving, delivery, and possession of drug paraphernalia. Cities, towns, counties, or other municipalities may enact only laws and ordinances relating to drug paraphernalia that are specifically authorized by state law. Such local ordinances must have the same penalty as provided for by state law. However, cities or counties are not prohibited from enacting laws or ordinances relating to the establishment or regulation of harm reduction services concerning drug paraphernalia.
A person acting in good faith who seeks medical assistance for someone experiencing a drug-related overdose, or who experiences a drug-related overdose and needs medical assistance, may not:
Health care facilities, including hospitals, are added to the list of entities that are not prohibited under provisions of law relating to drug paraphernalia from distributing or using public health supplies, including syringe equipment, smoking equipment, or drug testing equipment. Public health and syringe service program clients, in addition to staff, are exempt from arrest and prosecution for taking samples of substances and using drug testing equipment to analyze or detect substances.
The state preemption of drug paraphernalia regulation is modified by eliminating the existing carveout for city or county laws or ordinances related to the establishment or regulation of harm reduction services concerning drug paraphernalia.