Wash. Rev. Code § 69.50.4013

Current through 3/29/2024

Section 69.50.4013 - [Effective 6/6/2024] Possession, use of controlled substance-Penalty-Referral to assessment and services-Possession of useable cannabis, cannabis concentrates, or cannabis-infused products-Delivery

(1) Except as otherwise authorized by this chapter, it is unlawful for any person to:

(a) 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

(b) Knowingly use a controlled substance in a public place, 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.

(2)

(a) Except as provided in RCW 69.50.4014 or 69.50.445, a violation of subsection (1)(a) or (b) of this section is a gross misdemeanor punishable by imprisonment of up to 180 days in jail, or by a fine of not more than $1,000, or by both such imprisonment and fine, however, if the defendant has two or more prior convictions under subsection (1)(a) or (b) of this section occurring after July 1, 2023, a violation of subsection (1)(a) or (b) of this section is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services.

(b) No person may be charged under both subsection (1)(a) and (b) of this section relating to the same course of conduct.

(c) In lieu of jail booking and referral to the prosecutor, law enforcement is encouraged to offer a referral to assessment and services available under RCW 10.31.110 or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW 36.28A.450, law enforcement assisted diversion programs established under RCW 71.24.589, and the recovery navigator program established under RCW 71.24.115.

(3)

(a) The possession, by a person 21 years of age or older, of useable cannabis, cannabis concentrates, or cannabis-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) is not a violation of this section, this chapter, or any other provision of Washington state law.

(b) The possession of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW 69.50.385(3), by a licensed employee of a common carrier when performing the duties authorized in accordance with RCW 69.50.382 and 69.50.385, is not a violation of this section, this chapter, or any other provision of Washington state law.

(4)

(a) The delivery by a person 21 years of age or older to one or more persons 21 years of age or older, during a single 24 hour period, for noncommercial purposes and not conditioned upon or done in connection with the provision or receipt of financial consideration, of any of the following cannabis products, is not a violation of this section, this chapter, or any other provisions of Washington state law:

(i) One-half ounce of useable cannabis;

(ii) Eight ounces of cannabis-infused product in solid form;

(iii) 36 ounces of cannabis-infused product in liquid form unless the cannabis-infused product in liquid form is packaged in individual units containing no more than four milligrams of THC per unit;

(iv) 100 milligrams of THC within a cannabis-infused product in liquid form if the product is packaged in individual units containing no more than four milligrams of THC per unit; or

(v) Three and one-half grams of cannabis concentrates.

(b) The act of delivering cannabis or a cannabis product as authorized under this subsection (4) 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

(ii) The cannabis or cannabis product must be in the original packaging as purchased from the cannabis retailer.

(5) No person under 21 years of age may manufacture, sell, distribute, or knowingly possess cannabis, cannabis-infused products, or cannabis concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.

(6) The possession by a qualifying patient or designated provider of cannabis concentrates, useable cannabis, cannabis-infused products, or plants in accordance with chapter 69.51A RCW is not a violation of this section, this chapter, or any other provision of Washington state law.

(7) For the purposes of this section, "public place" has the same meaning as defined in RCW 66.04.010, but the exclusions in RCW 66.04.011 do not apply.

(8) For the purposes of this section, "use a controlled substance" means to introduce the substance into the human body by injection, inhalation, ingestion, or any other means.

RCW 69.50.4013

Amended by 2024 c 9,§ 2, eff. 6/6/2024.

Amended by 2023SP1 c 1,§ 2, eff. 7/1/2023.

Amended by 2022 c 16,§ 86, eff. 7/1/2023.

Amended by 2021 c 311,§ 9, eff. 5/13/2021, expires 7/1/2023.

Amended by 2017 c 317,§ 15, eff. 7/23/2017.

Amended by 2015SP2 c 4,§ 503, eff. 7/24/2015.

Amended by 2015 c 70,§ 14, eff. 7/24/2015.

Amended by 2013 c 3§ 20 (Initiative Measure No. 502, approved November 6, 2012).

2003 c 53 § 334.

Effective date- 2023 1st sp.s. c 1 §§ 1-5, 7-11, and 41: See note following RCW 69.50.4011.

Effective date- 2022 c 16 §§ 5, 9, 86, and 88: "Sections 5, 9, 86, and 88 of this act take effect July 1, 2023." [ 2022 c 16 § 172.]

Expiration date- 2022 c 16 §§ 4, 8, 85, and 87: "Sections 4, 8, 85, and 87 of this act expire July 1, 2023." [2022 c 16 § 171.]

Intent-Finding- 2022 c 16: See note following RCW 69.50.101.

Effective date- 2021 c 311 §§ 1-11 and 13-21 : See note following RCW 71.24.115.

Expiration date- 2021 c 311 §§ 8-10 and 12 : See note following RCW 69.50.4011.

Findings-Application- 2017 c 317: See notes following RCW 69.50.325.

Findings-Intent-Effective dates- 2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

Short title-Findings-Intent-References to Washington state liquor control board-Draft legislation- 2015 c 70: See notes following RCW 66.08.012.

Intent- 2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

Intent-Effective date-2003 c 53: See notes following RCW 2.48.180.

This section is set out more than once due to postponed, multiple, or conflicting amendments.