$12,500,000 annually to the board for administration of this chapter as appropriated in the omnibus appropriations act; (b) $11,000,000 annually to the department of health for the following: (i) Creation, implementation, operation, and management of a cannabis, vapor product, and commercial tobacco education and public health program that contains the following: (A) A cannabis use public health hotline that provides referrals to substance abuse treatment providers, uses evidence-based or research-based public health approaches to minimizing the harms associated with cannabis use, and does not solely advocate an abstinence-only approach; (B) Programs that support development and implementation of coordinated intervention strategies for the prevention and reduction of commercial tobacco, vapor product, and cannabis use by youth and cannabis cessation treatment services, including grant programs to local health departments or other local community agencies; (C) 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 cannabis use; and, (D) Outreach to priority populations regarding commercial tobacco, vapor product, and cannabis use, prevention, and cessation; and. The department of ecology may establish a payment schedule requiring periodic installments of the annual fee. (D) That is chemically synthesized and either: (I) Has been demonstrated to have binding activity at one or more cannabinoid receptors; or. (a) Prosecution for any violation of law occurring prior to May 21, 1971 is not affected or abated by this chapter. (d) The department may seize or place under seal any controlled substance owned or possessed by a registrant whose registration has expired or who has ceased to practice or do business in the manner contemplated by the registration. (a) The drugs and other substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule II. Commercial mascots include, but are not limited to, inflatable tube displays, persons in costume, or wearing, holding, or spinning a sign with a cannabis-related commercial message or image, where the intent is to draw attention to a cannabis business or its products. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW. (2) An applicant may apply for a medical cannabis endorsement concurrently with an application for a cannabis retail license. Any substance controlled under prior law which is not listed within Schedules I through V, is automatically controlled without further proceedings and shall be listed in the appropriate schedule. (6) As used in this section the following terms have the meanings indicated unless the context clearly requires otherwise: (b) "School bus" means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. Both amendments are incorporated in the publication of this section under RCW, This section was amended by 2022 c 16 98 and by 2022 c 162 1, each without reference to the other. (ii) Retail outlets may donate the lockable boxes and provide the related literature to any person eligible to purchase cannabis products under subsection (2) of this section. (8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. (5) Staff support for the task force, including arranging the first meeting of the task force and assisting the chair of the task force in arranging subsequent meetings, must be provided by the health equity council of the governor's interagency coordinating council on health disparities. Whenever a controlled substance which is manufactured, distributed, dispensed, or acquired 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. The sign must: (a) Contain text with content sufficient to notify the public of the nature of the pending license application, the date of the application, the name of the applicant, and contact information for the board; (b) Be conspicuously displayed on, or immediately adjacent to, the premises subject to the application and in the location that is most likely to be seen by the public; (c) Be of a size sufficient to ensure that it will be readily seen by the public; and. (3) A cannabis retailer who conducts an in-house controlled purchase program authorized under this section shall provide his or her employees a written description of the employer's in-house controlled purchase program. 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. The department of health may issue a limited registration to carry out the provisions of this section. (f) The board may not issue a license for any premises within Indian country, as defined in 18 U.S.C. If the investigation reveals the provision of branded promotional items has resulted in or is more likely than not to result in undue influence or has resulted or is more likely than not to result in an adverse impact on public health and safety or is otherwise inconsistent with (a) of this subsection the state liquor and cannabis board may issue an administrative violation notice to the producer, processor, or retailer. (a) The department shall register an applicant to manufacture or distribute controlled substances included in RCW. In deciding which programs and practices to fund under this subsection (3)(b)(ii), the director of the health care authority must consult, at least annually, with the University of Washington's social development research group and the University of Washington's alcohol and drug abuse institute; and, (iii) Contract with community health centers to provide primary health and dental care services, migrant health services, and maternity health care services as provided under RCW, (c)(i) One and one-half percent to counties, cities, and towns where licensed cannabis retailers are physically located. All final determinations, findings, and conclusions of the commission under this chapter are final and conclusive decisions of the matters involved. 25.2 Drug Abuse Sale, Purchase, Manufacture, . (ii) The cannabis or cannabis product must be in the original packaging as purchased from the cannabis retailer. (5) A cannabis product is not in violation of any Washington state law or rule of the board solely because its label or labeling contains: (a) Directions or recommended conditions of use; or. (t) "Dispense" means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery. PDF S-0354.3 Senators Salomon, Lovick, Cleveland, Mullet, Rolfes, Wellman (iv) The area has a high rate of arrest, conviction, or incarceration related to the sale, possession, use, cultivation, manufacture, or transport of cannabis. It is the intent of the legislature that this policy will be continued in the 2021-2023 fiscal biennium; and, (iv) Ninety-eight thousand dollars for fiscal year 2019 to the department of ecology for research on accreditation of ((, (e) Four hundred sixty-five thousand dollars for fiscal year 2020, four hundred sixty-four thousand dollars for fiscal year 2021, two hundred seventy thousand dollars in fiscal year 2022, and two hundred seventy-six thousand dollars in fiscal year 2023 to the department of ecology for implementation of accreditation of ((. Both amendments are incorporated in the publication of this section under RCW. (5)(a) The delivery by a person twenty-one years of age or older to one or more persons twenty-one years of age or older, during a single twenty-four 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: (ii) Eight ounces of cannabis-infused product in solid form; (iii) Thirty-six ounces of cannabis-infused product in liquid form; or. (q) "Deliver" or "delivery" means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship. (i) A substance included in Schedule V must be distributed or dispensed only for a medical purpose. In connection with the research, and in furtherance of the enforcement of this chapter, it may: (1) establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse; (2) make studies and undertake programs of research to: (i) develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this chapter; (ii) determine patterns of misuse and abuse of controlled substances and the social effects thereof; and. (6) The possession by a qualifying patient or designated provider of cannabis concentrates, useable cannabis, cannabis-infused products, or plants in accordance with chapter. If a member has not been designated for a position set forth in this section, that position may not be counted for the purpose of determining a quorum. In general, a controlled substance is usually some sort of drug that poses a serious risk or threat to a person's health . (2) The board must make recommendations on eliminating areas of concern disclosed within the scope of the on-site consultation. (a) "Cannabis club" means a club, association, or other business, for profit or otherwise, that conducts or maintains a premises for the primary or incidental purpose of providing a location where members or other persons may keep or consume cannabis on the premises. (a) Except as authorized in this chapter, and notwithstanding the provisions of section 37-2732, Idaho Code: (1) Any person who knowingly manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, one (1) pound of marijuana or more, or twenty . (Effective until July 1, 2023.) 222, 222 P.3d 113 (2009). (a) "Board" means the state liquor and cannabis board. (a) The commission shall place a substance in Schedule I upon finding that the substance: (2) has no currently accepted medical use in treatment in the United States; and. (iv) Three and one-half grams of cannabis concentrates. 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. Nothing in this section requires the claim to be paid by the end of the sixty-day or thirty-day period. (d) The board may issue cannabis retailer licenses pursuant to this chapter and RCW. (b) Any person to knowingly possess a counterfeit substance. The annual fee for issuance and renewal of a cannabis research license is one thousand three hundred dollars. Simultaneous and Joint Acquisition of a Controlled Substance Where two or more people at the outset simultaneously and jointly acquire possession of a drug for their own use intending only to share it together, the crime is possession of a controlled substance, not possession of a controlled substance with intent to distribute. (1) The following are subject to seizure and forfeiture and no property right exists in them: (a) All controlled substances which have been manufactured, distributed, dispensed, acquired, or possessed in violation of this chapter or chapter, (b) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter or chapter. The department of ecology must develop a fee schedule allocating the costs of the accreditation program among its accredited cannabis product testing laboratories. (6) Systems used for the electronic communication of prescription information must: (a) Comply with federal laws and rules for electronically communicated prescriptions for controlled substances included in Schedules II through V, as required by Title 21 C.F.R. 27 Apr 2023 20:21:30 (3) Delivery, distribution, and sale, on the premises of the retail outlet, of any combination of the following amounts of cannabis concentrates, useable cannabis, or cannabis-infused product to any person twenty-one years of age or older: (b) Sixteen ounces of cannabis-infused product in solid form; (c) Seventy-two ounces of cannabis-infused product in liquid form; or, (d) Seven grams of cannabis concentrate; and, (4) Purchase and receipt of cannabis concentrates, useable cannabis, or cannabis-infused products that have been properly packaged and labeled from a federally recognized Indian tribe as permitted under an agreement between the state and the tribe entered into under RCW. (b) All other responsible individuals are liable under this section only for trust fund tax liability that became due during the period he or she had the responsibility or duty to remit payment of the limited liability business entity's taxes to the board. (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves including cocaine and ecgonine, and their salts, isomers, derivatives, and salts of isomers and derivatives, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. (6) The board may summarily suspend a license for a period of up to one hundred eighty days without a prior hearing if it finds that public health, safety, or welfare imperatively require emergency action, and it incorporates a finding to that effect in its order. All applications for immunity under this section shall be sent to the department of social and health services in Olympia. (A) Only if the funds applied under (a)(ii) of this subsection are insufficient to satisfy the damage directly caused by a law enforcement officer, may the landlord seek compensation for the damage by filing a claim against the governmental entity under whose authority the law enforcement agency operates within thirty days after the search; (B) Only if the governmental entity denies or fails to respond to the landlord's claim within sixty days of the date of filing, may the landlord collect damages under this subsection by filing within thirty days of denial or the expiration of the sixty-day period, whichever occurs first, a claim with the seizing law enforcement agency. Foster was convicted of possession with intent to deliver after he participated in a controlled buy of cocaine and the police subsequently discovered in his room approximately 13 ounces of cocaine divided into small packages, weighing from 100 grams to one ounce. Cannabis retailers, employees of retail outlets, Cannabis producers, processors, researchers, retailers, Cannabis retailer holding medical cannabis endorsement. View Document - Washington Criminal Jury Instructions - Westlaw In 2016, Shannon Blake was arrested in Spokane and convicted of simple drug possession. Legislature Home; Shelter of Representatives; Senate; Find Your Zone The following acts, when performed by a validly licensed cannabis processor or employee of a validly licensed cannabis processor in compliance with rules adopted by the board to implement and enforce chapter 3, Laws of 2013, do not constitute criminal or civil offenses under Washington state law: (1) Purchase and receipt of cannabis that has been properly packaged and labeled from a cannabis producer validly licensed under chapter 3, Laws of 2013; (2) Possession, processing, packaging, and labeling of quantities of cannabis, useable cannabis, and cannabis-infused products that do not exceed the maximum amounts established by the board under RCW, (3) Delivery, distribution, and sale of useable cannabis or cannabis-infused products to a cannabis retailer validly licensed under chapter 3, Laws of 2013; and, (4) Delivery, distribution, and sale of useable cannabis, cannabis concentrates, or cannabis-infused products to a federally recognized Indian tribe as permitted under an agreement between the state and the tribe entered into under RCW. A producer or processor is not obligated to perform any such personal services, and a retail licensee may not require a producer or processor to conduct any personal service as a condition for selling cannabis to the retail licensee. Money retained under this section may not be used to supplant preexisting funding sources. 801 et seq., may submit a copy of the federal application as an application for registration as a manufacturer or distributor under this section. (a) "Disproportionately impacted area" means a census tract or comparable geographic area that satisfies the following criteria, which may be further defined in rule by the board after consultation with the commission on African American affairs and other agencies, commissions, and community members as determined by the board: (ii) The area has a high rate of participation in income-based federal or state programs; (iii) The area has a high rate of unemployment; and. (b) There is no limit to the number of individuals who may participate in task force meetings in an advisory capacity under this subsection.
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