DRUGS

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296547
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DRUGS
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2015-02-22 18:32:01
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TITLE 69 DRUGS
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  1. 69.41.060
    Search and seizure
    If, upon the sworn complaint of any person, it shall be made to appear to any judge of the superior or district court that there is probable cause to believe that any legend drug is being used, manufactured, sold, bartered, exchanged, given away, furnished or otherwise disposed of or kept in violation of the provisions of this chapter, such judge shall, with or without the approval of the prosecuting attorney, issue a warrant directed to any peace officer in the county, commanding the peace officer to search the premises designated and described in such complaint and warrant, and to seize all legend drugs there found, together with the vessels in which they are contained, and all implements, furniture and fixtures used or kept for the illegal manufacture, sale, barter, exchange, giving away, furnishing or otherwise disposing of such legend drugs and to safely keep the same, and to make a return of said warrant within three days, showing all acts and things done thereunder, with a particular statement of all articles seized and the name of the person or persons in whose possession the same were found, if any, and if no person be found in the possession of said articles, the returns shall so state. A copy of said warrant shall be served upon the person or persons found in possession of any such legend drugs, furniture or fixtures so seized, and if no person be found in the possession thereof, a copy of said warrant shall be posted on the door of the building or room wherein the same are found, or, if there be no door, then in any conspicuous place upon the premises.
  2. 69.41.062
    Search and seizure at rental premises — Notification of landlord
    Whenever a legend drug which is sold, delivered, or possessed in violation of this chapter is seized at rental premises, the law enforcement agency shall make a reasonable attempt to discover the identity of the landlord and shall notify the landlord in writing, at the last address listed in the property tax records and at any other address known by the law enforcement agency, of the seizure and the location of the seizure
  3. 69.53 
    Use of buildings for unlawful drugs
    Unlawful use of building for drug purposes -- Liability of owner or manager -- Penalty

    Unlawful fortification of building for drug purposes -- Penalty.

    Unlawful use of fortified building -- Penalty.
  4. 69.53.010
    Unlawful use of building for drug purposes — Liability of owner or manager — Penalty
    unlawful for owner of any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, to knowingly rent, lease, or make available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, delivering, selling, storing, or giving away any controlled substance under 69.50 RCW, legend drug under chapter 69.41 RCW, or imitation controlled substance under chapter 69.52RCW.    

    It shall be a defense for an owner, manager, or other person in control, in good faith, to notify a law enforcement agency of suspected drug activity pursuant to subsection (1) of this section, or to process an unlawful detainer action for drug-related activity against the tenant or occupant.

    This is a class C felony under 9A.20 RCW.
  5. 69.53.020
    Unlawful fortification of building for drug purposes — Penalty.
    unlawful manager or landlord of any space to knowingly allow the building, room, space, to be fortified to suppress LEO entry for unlawful manufacture, delivery, sale, storage, or gift of any controlled substance under chapter 69.50 RCW, legend drug under chapter 69.41 RCW, or imitation controlled substance under chapter 69.52 RCW.     (2) It shall be a defense in good faith, notify a law enforcement of suspected drug activity.

    class C felony under chapter 9A.20 RCW.
  6. 69.53.030
    Unlawful use of fortified building — Penalty
    unlawful to use a building, room, space specifically designed to suppress law enforcement entry. 

    class C felony under chapter 9A.20 RCW
  7. 69.50 RCW
    UNIFORM CONTROLLED SUBSTANCES ACT
    • ARTICLE I -- DEFINITIONS
    • ARTICLE II -- STANDARDS AND SCHEDULES
    • ARTICLE III -- REGULATION OF MANUFACTURE, DISTRIBUTION,AND DISPENSING OF CONTROLLED SUBSTANCES
    • ARTICLE IV -- OFFENSES AND PENALTIES
    • ARTICLE V -- ENFORCEMENT ANDADMINISTRATIVE PROVISIONS
    • ARTICLE VI -- MISCELLANEOUS
  8. 69.50.102
    Drug paraphernalia — Definitions.
    "drug paraphernalia" means all equipment, products, and materials intended for use, for planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or introducing into the body a controlled substance. It includes,

    Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

    Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;    

    Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;    

    Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;    

    Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;    

    Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;  

    Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;    

    Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

    Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;  

    Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;

    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:     (i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;     (ii) Water pipes;     (iii) Carburetion tubes and devices;     (iv) Smoking and carburetion masks;     (v) 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;     (vi) Miniature cocaine spoons, and cocaine vials;     (vii) Chamber pipes;     (viii) Carburetor pipes;     (ix) Electric pipes;     (x) Air-driven pipes;     (xi) Chillums;     (xii) Bongs; and     (xiii) Ice pipes or chillers.
  9. 69.50.204
    Schedule I
    (a) Any of the following opiates,(b) Opium derivatives. (c) Hallucinogenic substances.(25) Peyote, 30) Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant)(d) Depressants.(e) Stimulants.
  10. RCW 69.50.309
    Containers
    prescribed, sold, or dispensed by a practitioner, and the owner of any animal for which such controlled substance has been prescribed, sold, or dispensed may lawfully possess it only in the container in which it was delivered to him or her by the person selling or dispensing the same.
  11. 69.50.315
    Medical assistance — Drug-related overdose — Naloxone — Prosecution for possession.
    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, if the evidence for the charge of possession of a controlled substance was obtained as a result of the person seeking medical assistance.    

    A person acting in good faith may receive a naloxone prescription, possess naloxone, and administer naloxone to an individual suffering from an apparent opiate-related overdose.    

    A overdose person shall not be charged or prosecuted for possession, if the evidence for the charge of possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance.    

    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.
  12. 69.50.325
    Marijuana producer's license
    marijuana producer's license will include the name of the applicant, and location at which the marijuana producer intends to operate, within Washington, and the holder thereof shall not allow any other person to use the license.

    marijuana processor's license to process, package, and label marijuana concentrates, useable marijuana, and marijuana-infused products for sale at wholesale to marijuana processors and marijuana retailers. A separate license shall be required for each location at which a marijuana processor intends to process marijuana.

    marijuana retailer's license to sell marijuana concentrates, useable marijuana, and marijuana-infused products at retail in retail outlets. A separate license shall be required for each location at which a marijuana retailer intends to sell.
  13. 69.50.354
    Retail outlet licenses
    There may be licensed, retail outlets established for the purpose of making marijuana concentrates, useable marijuana, and marijuana-infused products available for sale to adults aged twenty-one and over.
  14. 69.50.357
    Retail outlets — Rules
    Will not employ persons under twenty-one years or allow to enter or remain on the premises.

    Shall not display any signage, other than business name.

    Not display useable marijuana or marijuana-infused items, visible to the general public.

    No employee of a retail outlet shall open or consume, or allow to be opened or consumed, marijuana on premises.

    Fine by liquor board, one thousand dollars for each violation
  15. 69.50.401
    Prohibited acts: A — Penalties
    A controlled substance from Schedule I or II which is a narcotic drug, classified in Schedule IV, is guilty of a class B felony.

    Amphetamine, methamphetamine, is a class B felony.

    • Any other controlled substance classified in Schedule I, II, or III, is a class C felony.
    • Schedule IV,V.
  16. 69.50.4012
    Delivery of substance in lieu of controlled substance — Penalty.
    To offer, arrange, or negotiate for the sale, gift, delivery, dispensing, distribution, or administration of a controlled substance is a class C felony.
  17. 69.50.4013
    Possession of controlled substance — Penalty — Possession of useable marijuana or marijuana-infused products.
    To possess a controlled substance unless 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 is guilty of a class C felony
  18. 69.50.4015
    Involving a person under eighteen in unlawful controlled substance transaction — Penalty.
    It is unlawful to compensate, threaten, solicit, or in any other manner involve a person under the age of eighteen years in a transaction unlawfully to manufacture, sell, or deliver a controlled substance, is a class C felony.
  19. 69.50.406
    Distribution to persons under age eighteen
    Any person eighteen years of age or over who distributes a controlled substance listed in Schedules I or II which is a narcotic drug or methamphetamine, or listed in Schedule IV, to a person under eighteen years of age is guilty of a class A felony.

    Any person eighteen years of age or over who violates RCW 69.50.401 by distributing any other controlled substance listed in Schedules I, II, III, IV, and V to a person under eighteen years of age who is at least three years his or her junior is guilty of a class B felony.
  20. 69.50.407
    Conspiracy
    conspiring to commit any offense defined in this chapter is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
  21. 69.50.4121
    Drug paraphernalia — Selling or giving — Penalty
    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.

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