(1)(a) Nothing in this chapter prohibits a producer or processor from providing retailers branded promotional items which are of nominal value, singly or in the aggregate. (b) "Cannabis product" means "useable cannabis," "cannabis concentrates," and "cannabis-infused products" as defined in RCW. (4) The fines in this section apply to adult offenders only. Representative samples of cannabis, useable cannabis, or cannabis-infused products. The notice of claim may be served by any method authorized by law or court rule including, but not limited to, service by first-class mail. (1)(a) Except as provided in (b) of this subsection, a retail sale of a bundled transaction that includes cannabis product is subject to the tax imposed under RCW, (b) If the selling price is attributable to products that are taxable and products that are not taxable under RCW, (i) The retail sale of two or more products where the products are otherwise distinct and identifiable, are sold for one nonitemized price, and at least one product is a cannabis product subject to the tax under RCW. (4) [(m)] For the purposes of this section, the terms "long-term care facility" and "hospice program" have the meaning[s] provided in RCW. (b) The commission may place a substance in Schedule IV without making the findings required by subsection (a) of this section if the substance is controlled under Schedule IV of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. (d) "Service" includes memberships and any other services identified by the board. (g) Assignment of licensor improvements of the intellectual property. (c) Whether the amount of cannabis to be grown by the applicant is consistent with the project's scope and goals. The voluntary compliance program must include recommendations on abating violations of this chapter and rules adopted under this chapter. PDF S-0354.3 Senators Salomon, Lovick, Cleveland, Mullet, Rolfes, Wellman (8) Merchandising within a retail outlet is not advertising for the purposes of this section. (d) Is not intended for ingestion by humans or animals. The laws of drug delivery, possession and use are governed by the Uniform Controlled Substances Act, which is provided in RCW 69.50. (3) Any person eighteen years of age or over who violates subsection (2) of this section by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his or her junior is guilty of a gross misdemeanor. This rule-making authority does not include the authority to enact rules regarding either the production or processing practices of the industrial hemp industry or any cannabidiol products that are sold or marketed outside of the regulatory framework established under this chapter. (9) The task force shall submit one or more reports on recommended policies that will facilitate the development of a cannabis social equity program in Washington to the governor, the board, and the appropriate committees of the legislature. (nn) "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. (b) The act of delivering cannabis or a cannabis product as authorized under this subsection (5) must meet one of the following requirements: (i) The delivery must be done in a location outside of the view of general public and in a nonpublic place; or. (5) The board must fine a licensee one thousand dollars for each violation of any subsection of this section. (206) 467-3190 (206) 467-3190. (3) The legislature therefore finds that in the interest of remedying harms resulting from the enforcement of cannabis-related laws in disproportionately impacted areas, creating a social equity program will further an equitable cannabis industry by promoting business ownership among individuals who have resided in areas of high poverty and high enforcement of cannabis-related laws. (1) The board may conduct controlled purchase programs to determine whether: (a) A cannabis retailer is unlawfully selling cannabis to persons under the age of twenty-one; (b) A cannabis retailer holding a medical cannabis endorsement is selling to persons under the age of eighteen or selling to persons between the ages of eighteen and twenty-one who do not hold valid recognition cards; or. (b) The commission may place a substance in Schedule II without making the findings required by subsection (a) of this section if the substance is controlled under Schedule II of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol. (c) Opiates. The board must select a scientific reviewer to review an applicant's research project and determine that it meets the requirements of subsection (1) of this section, as well as assess the following: (a) Project quality, study design, value, or impact; (b) Whether applicants have the appropriate personnel, expertise, facilities/infrastructure, funding, and human/animal/other federal approvals in place to successfully conduct the project; and. (a) The commission shall place a substance in Schedule V upon finding that: (1) the substance has low potential for abuse relative to the controlled substances included in Schedule IV; (3) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances included in Schedule IV. (3) A person who violates this section is guilty of a class C felony and upon conviction may be imprisoned for not more than two years, fined not more than two thousand dollars, or both. The commission may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsection (a)(1) and (2) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a stimulant or depressant effect on the central nervous system. The responsibility for providing staff support for the task force must be transferred to the office of equity created under chapter, (6) Legislative members of the task force may be reimbursed for travel expenses in accordance with RCW, (7) The task force is a class one group under chapter. (c) Any trade secret, technology, or proprietary information used to manufacture a cannabis product or used to provide a service related to any cannabis business. If you were convicted of drug possession on or before February 25, 2021, you can get those convictions cleared ("vacated") and removed from your criminal record. (3) When authorized by an administrative inspection warrant, an officer or employee designated by the commission may: (a) inspect and copy records required by this chapter to be kept; (b) inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection (5) of this section, all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this chapter; and. (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. (3)(a) Licensed cannabis retailers must ensure that all employees are trained on the rules adopted to implement this chapter, identification of persons under the age of twenty-one, and other requirements adopted by the board to ensure that persons under the age of twenty-one are not permitted to enter or remain on the premises of a retail outlet. (oo) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance. (a) "Cannabis product" means "useable cannabis," "cannabis concentrates," and "cannabis-infused products," as those terms are defined in RCW. Neither a licensed cannabis producer nor a licensed cannabis processor shall have a direct or indirect financial interest in a licensed cannabis retailer. (c) If the commission suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. (ii) The Washington poison control center; (c)(i) $3,000,000 annually to the department of commerce to fund cannabis social equity grants under RCW, (ii) $200,000 annually to the department of commerce to fund technical assistance through a roster of mentors under RCW, (d) $200,000 annually, until June 30, 2032, to the health care authority to contract with the Washington state institute for public policy to conduct the cost-benefit evaluations and produce the reports described in RCW. (e) This chapter applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following May 21, 1971. However, in the absence of such sales of the same or similar product, "true value" means the value of the product sold as determined by all of the seller's direct and indirect costs attributable to the product. (b) After considering the factors enumerated in subsection (a) of this section, the commission shall make findings with respect thereto and adopt and cause to be published a rule controlling the substance upon finding the substance has a potential for abuse. The department shall notify a registrant, or the registrant's successor in interest, who has any controlled substance seized or placed under seal, of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. (14) Expert testimony concerning its use. The commission may suspend or revoke registration upon determination that the person administering sodium pentobarbital has not demonstrated adequate knowledge as herein provided. (1) It is unlawful for any person to knowingly 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. (b) Administration of an opioid in an inpatient or outpatient treatment setting. (a) The commission shall place a substance in Schedule III upon finding that: (1) the substance has a potential for abuse less than the substances included in Schedules I and II; (2) the substance has currently accepted medical use in treatment in the United States; and. The provisions of RCW. RCW 9.94A.030: Definitions. - Washington in achieving the specific public policy objective described in (c) of this subsection, the department of revenue must provide the necessary data and assistance to the state liquor and cannabis board for the report required in RCW. (9) A city, town, or county may adopt an ordinance prohibiting a cannabis producer or cannabis processor from operating or locating a business within areas zoned primarily for residential use or rural use with a minimum lot size of five acres or smaller. The purpose of testing representative samples is to certify compliance with quality assurance and product standards adopted by the board under RCW. Orders for the forfeiture of real property shall be entered by the superior court, subject to court rules. (iv) This subsection (3)(c) applies to cannabis retailer's licenses issued before and after July 23, 2017. (d) The board may issue cannabis retailer licenses pursuant to this chapter and RCW. (iii) Had not enabled or ignored the violation or other similar violations in the past. (6) No person under twenty-one years of age may possess, manufacture, sell, or distribute cannabis, cannabis-infused products, or cannabis concentrates, regardless of THC concentration. The department shall convene periodic meetings to coordinate a state diversion prevention and control program. Such local ordinances shall have the same penalties as provided for by state law. 22 controlled substance is being used, manufactured, sold, bartered, 23 exchanged, administered, dispensed, delivered, distributed, produced, . RCW 69.50.401(1). Such an order shall be filed by the seizing agency in the county auditor's records in the county in which the real property is located. However, no license of a cannabis retailer that otherwise meets the conditions for license forfeiture established pursuant to this subsection (3)(c) may be subject to forfeiture within the first nine calendar months of July 23, 2017. (1) Gamma-hydroxybutyric acid: Some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate; (e) Stimulants. Three thousand dollars of the fine may not be suspended. 355, or chapter. (iv) Three and one-half grams of cannabis concentrates. It shall be the duty of the department to stamp each application received pursuant to this section with the date and time of receipt. Notice of seizure in the case of property subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9A RCW, or a certificate of title, shall be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or the certificate of title. Possession with Intent to Distribute Methamphetamines (iii) For each fiscal year, the legislature must appropriate a minimum of twenty-five million five hundred thirty-six thousand dollars under this subsection (2)(a); (b)(i) Up to ten percent to the department of health for the following, subject to (b)(ii) of this subsection (2): (A) Creation, implementation, operation, and management of a ((, (II) A grants program for local health departments or other local community agencies that supports development and implementation of coordinated intervention strategies for the prevention and reduction of ((, (III) Media-based education campaigns across television, internet, radio, print, and out-of-home advertising, separately targeting youth and adults, that provide medically and scientifically accurate information about the health and safety risks posed by ((. (4) To fulfill the requirements of subsection (1) of this section, a practitioner may designate any individual who holds a credential issued by a disciplining authority under RCW, (5) Violation of this section constitutes unprofessional conduct under chapter, (a) Opioid prescriptions issued for the treatment of pain associated with terminal cancer or other terminal diseases, or for palliative, hospice, or other end-of-life care of where the practitioner determines the health, well-being, or care of the patient would be compromised by the requirements of this section and documents such basis for the determination in the patient's health care record; or. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost; (c) Any other controlled substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter, (d) A substance classified in Schedule IV, except flunitrazepam, including its salts, isomers, and salts of isomers, is guilty of a class C felony punishable according to chapter, (e) A substance classified in Schedule V, is guilty of a class C felony punishable according to chapter, (3) The production, manufacture, processing, packaging, delivery, distribution, sale, or possession of cannabis in compliance with the terms set forth in RCW. (b) The state cannabis product testing laboratory accreditation program initial development costs must be fully paid from the dedicated cannabis account created in RCW, (6) The department of ecology and the interagency coordination team created in RCW, (7) All fees collected under this section must be deposited in the dedicated cannabis account created in RCW. An administrative law judge may extend the summary suspension period for up to one calendar year from the first day of the initial summary suspension in the event the proceedings for revocation or other action cannot be completed during the initial one hundred eighty-day period due to actions by the licensee. (d) Depressants. (iii) The board has discretion in adopting rules under this subsection (3)(c). (1) Any practitioner who writes the first prescription for an opioid during the course of treatment to any patient must, under professional rules, discuss the following with the patient: (a) The risks of opioids, including risk of dependence and overdose; (b) Pain management alternatives to opioids, including nonopioid pharmacological treatments, and nonpharmacological treatments available to the patient, at the discretion of the practitioner and based on the medical condition of the patient; and, (c) A written copy of the warning language provided by the department under RCW, (2) If the patient is under eighteen years old or does not have the capacity to make a health care decision, the discussion required by subsection (1) of this section must include the patient's parent, guardian, or the person identified in RCW.
