Effective Date of Rule: Immediately.

     Purpose: In order to maintain the integrity of horse racing and ensure the safety of participants, the Washington horse racing commission is amending chapter 260-34 WAC to address the passage of I-502 legalizing the use and possession of marijuana for individuals over the age of twenty-one. This addresses the legalization of the substance while still prohibiting its use and possession in the restricted areas.

     Citation of Existing Rules Affected by this Order: Amending chapter 260-34 WAC.

     Statutory Authority for Adoption: RCW 67.16.020.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: Allowing the use of marijuana in the stable area would allow the possible cross contamination to the equines and use by licensees may affect their ability to perform their duties safely.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: January 31, 2013.

Douglas L. Moore

Deputy Secretary

OTS-5278.2

AMENDATORY SECTION(Amending WSR 06-07-064, filed 3/10/06, effective 4/10/06)

WAC 260-34-010   Primary purpose.   In order to protect the integrity of horse racing in the state of Washington, and to protect the safety of the public and all participants, the Washington horse racing commission intends to regulate the use of any illegal controlled substances, the use and possession of marijuana, and the use of alcohol by licensees at all race meets. This chapter shall be applicable to all licensees or applicants on the grounds of any racetrack during its licensed race meet.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-064, § 260-34-010, filed 3/10/06, effective 4/10/06; 05-07-066, § 260-34-010, filed 3/11/05, effective 4/11/05; 89-13-006 (Order 89-02), § 260-34-010, filed 6/9/89; 88-09-033 (Order 88-02), § 260-34-010, filed 4/15/88.]

     (1) Be under the influence of or affected by intoxicating liquor and/or drugs, have an alcohol concentration of 0.08 percent or higher, or have within their body any illegal controlled substance ((while on the grounds of any licensed race meet));

     The alcohol concentration for persons on horseback may not be 0.02 percent or higher.

     (2) Engage in the illegal sale or distribution of alcohol;

     (3) Engage in the illegal sale or distribution of a controlled substance or possess an illegal controlled substance with intent to deliver;

     (4) Possess an illegal controlled substance;

     (5) Possess marijuana or be under the influence of or affected by marijuana, or have in their body any measurable concentration of tetrahydrocannabinol (THC);

     Possess any equipment, products or materials of any kind, which are used or intended for use in injecting, ingesting, inhaling or otherwise introducing into the human body marijuana;

     (6) Possess on the grounds of any licensed race meet any equipment, products or materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing an illegal controlled substance, or any equipment, products or materials of any kind, which are used or intended for use in injecting, ingesting, inhaling or otherwise introducing into the human body an illegal controlled substance; or

     (((6))) (7) Refuse to submit to blood, breath, oral fluids, and/or urine testing, when notified that such testing is conducted pursuant to the conditions of WAC 260-34-030.

     Failure to provide a blood, breath, oral fluids, and/or urine sample when directed or intentional contamination of the sample by any person tested for the purpose of preventing accurate analysis of the sample, or other actions with intent to subvert the test, will be considered a refusal to submit to a test.

     "Controlled substance" or "drug" as used in this chapter means any substance listed in chapter 69.50 RCW or legend drug as defined in chapter 69.41 RCW. The presence of a controlled substance or drug in any quantity measured by the testing instrument establishes the presence of that substance for the purpose of this section. The fact that a licensee or applicant is or has been entitled to use a drug under the laws of the state of Washington will not constitute a defense against a violation for being under the influence of or affected by intoxicating liquor and/or any drug.

[Statutory Authority: RCW 67.16.020. 11-07-030, § 260-34-020, filed 3/10/11, effective 4/10/11. Statutory Authority: RCW 67.16.020 and 67.16.040. 09-03-009, § 260-34-020, filed 1/8/09, effective 2/8/09; 07-07-008, § 260-34-020, filed 3/8/07, effective 4/8/07; 06-07-064, § 260-34-020, filed 3/10/06, effective 4/10/06; 05-07-066, § 260-34-020, filed 3/11/05, effective 4/11/05; 89-13-006 (Order 89-02), § 260-34-020, filed 6/9/89; 88-09-033 (Order 88-02), § 260-34-020, filed 4/15/88.]