(c) Within one thousand feet of a school bus route stop designated by the school district; (d) Within one thousand feet of the perimeter of the school grounds; (f) In a public housing project designated by a local governing authority as a drug-free zone; (i) At a civic center designated as a drug-free zone by the local governing authority; or, (j) Within one thousand feet of the perimeter of a facility designated under (i) of this subsection, if the local governing authority specifically designates the one thousand foot perimeter may be punished by a fine of up to twice the fine otherwise authorized by this chapter, but not including twice the fine authorized by RCW. (c) "Board" means the Washington state liquor and cannabis board. (4) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1)(d), (g), or (h) of this section within forty-five days of the service of notice from the seizing agency in the case of personal property and ninety days in the case of real property, the item seized shall be deemed forfeited. Jail sentences range widely depending on the crime charged, the type of drugs . During the 2015-2017 and 2017-2019 fiscal biennia, the legislature may transfer from the dedicated marijuana account to the basic health plan trust account such amounts as reflect the excess fund balance of the account. Neither a licensed cannabis producer nor a licensed cannabis processor shall have a direct or indirect financial interest in a licensed cannabis retailer. (a) The commission may carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. 1. Seizure and forfeiture. (3) A cannabis licensee may not utilize transit advertisements for the purpose of advertising its business or product line. (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. (7) The possession by a qualifying patient or designated provider of cannabis concentrates, useable cannabis, cannabis-infused products, or plants in accordance with chapter. (a) Establish criteria for considering the approval or denial of a common carrier's original application or renewal application; (b) Provide minimum qualifications for any employee authorized to drive or operate the transportation or delivery vehicle, including a minimum age of at least twenty-one years; (c) Address the safety of the employees transporting or delivering the products, including issues relating to the carrying of firearms by such employees; (d) Address the security of the products being transported, including a system of electronically tracking all products at both the point of pickup and the point of delivery; and. . (1) It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, or prepare a controlled substance other than cannabis. (d) The board may issue cannabis retailer licenses pursuant to this chapter and RCW. Serious drug offenders, notice of release or escape: RCW. Distribution to persons under age eighteen. Enforcement of restrictions to advertising by a city, town, or county is the responsibility of the city, town, or county. 801 et seq., may submit a copy of the federal application as an application for registration as a manufacturer or distributor under this section. (17) Subsections (15) and (16) of this section do not limit any other rights a landlord may have against a tenant to collect for damages. The task force is encouraged to submit individual recommendations, as soon as possible, to facilitate the board's early work to implement the recommendations. RCW 46.61.5054(1 . (iii) Had not enabled or ignored the violation or other similar violations in the past. RCW 69.50.412: Prohibited acts: EPenalties. - Washington According to RCW 69.50.401, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance. (5)(a) The department of ecology may determine, assess, and collect annual fees sufficient to cover the direct and indirect costs of implementing a state cannabis product testing laboratory accreditation program, except for the initial program development costs. WA Court of Appeals Opinions and Cases | FindLaw The performance of personal services may include participation in events and the use of informational or educational activities at the premises of a retailer holding a license under this chapter. (a) As used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. (c) The value of sold forfeited property is the sale price. (4) The task force shall hold its first meeting by July 1, 2020. A cannabis retailer or a cannabis retailer holding a medical cannabis endorsement may sell products with a THC concentration of 0.3 percent or less. (a) Application forms for cannabis producers must request the applicant to state whether the applicant intends to produce cannabis for sale by cannabis retailers holding medical cannabis endorsements and the amount of or percentage of canopy the applicant intends to commit to growing plants determined by the department under RCW, (b) The board must reconsider and increase limits on the amount of square feet permitted to be in production on July 24, 2015, and increase the percentage of production space for those cannabis producers who intend to grow plants for cannabis retailers holding medical cannabis endorsements if the cannabis producer designates the increased production space to plants determined by the department under RCW. Representative samples of cannabis, useable cannabis, or cannabis-infused products. Marijuana Possession Under 40 Grams Is Still a Crime in Washington, under . Possession with Intent to Distribute Methamphetamines RCW 69.50.401: Prohibited acts: APenalties. - Washington The location and content of the retail cannabis signs authorized under this subsection are subject to all other requirements and restrictions established in this section for indoor signs, outdoor signs, and other cannabis-related advertising methods. (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. This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it. (g) Immediate precursors. (ii) Billboards that are visible from any street, road, highway, right-of-way, or public parking area are prohibited, except as provided in (c) of this subsection. The commission may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) 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 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 depressant effect on the central nervous system. (d) To conduct genomic or agricultural research. However, the state may not obtain a default judgment with respect to real property against a party who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the defaulted party is incarcerated within the state, and that there is no present basis to believe that the party is incarcerated within the state. (f) Meet other requirements as adopted by rule of the department or the board. (3) Takes marijuana [cannabis] out of the hands of illegal drug organizations and brings it under a tightly regulated, state-licensed system similar to that for controlling hard alcohol. If the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. (4) Sections 302, 503, 901, 1204, and 1601 of this act and part XV of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 24, 2015." A cannabis product is provided free of charge if the sales price of the product purchased does not vary depending on the inclusion of the cannabis product provided free of charge. 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. Cocaine Dealer From Shorewood Falls Asleep At Joliet Gas Station: JPD (1) It is unlawful for any person to 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. (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. (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. (r) "Department" means the department of health. Inmates who stay out of trouble during incarceration may be eligible for parole in as little as one year. This means that all other state drug laws are still in effect; the state laws still criminalize possessing a controlled substance with intent to deliver, delivery of a controlled substance, and manufacturing a . (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. (8) The department shall review this section by March 31, 2026, and report to the appropriate committees of the legislature on whether this section should be retained, repealed, or amended. After notification to the local law enforcement agency, the store manager or employee must properly dispose of the cannabis. Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. (ii) Reducing accumulated harm suffered by individuals, families, and local areas subject to severe impacts from the historical application and enforcement of cannabis prohibition laws. Any person who violates this subsection is guilty of a misdemeanor. (3)(a) A city, town, or county may adopt an ordinance requiring individual notice by an applicant for a cannabis producer's, cannabis processor's, cannabis researcher's, or cannabis retailer's license under this chapter, sixty days prior to issuance of the license, to any elementary or secondary school, playground, recreation center or facility, child care center, church, public park, public transit center, library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older, that is within one thousand feet of the perimeter of the grounds of the establishment seeking licensure. Serious drug offenders, notice of release or escape: RCW. Any person who violates this subsection is guilty of a misdemeanor. (2) Subsections (1)(a) through (g) of this section must be adjusted annually based on the United States bureau of labor statistics' consumer price index for the Seattle area. (d) Ensuring that retail outlets with medical cannabis endorsements may advertise themselves as medical retail outlets; (10) Specifying and regulating the time and periods when, and the manner, methods, and means by which, licensees shall transport and deliver cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products within the state; (11) In consultation with the department and the department of agriculture, establishing accreditation requirements for testing laboratories used by licensees to demonstrate compliance with standards adopted by the board, and prescribing methods of producing, processing, and packaging cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products; conditions of sanitation; and standards of ingredients, quality, and identity of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products produced, processed, packaged, or sold by licensees; (12) Specifying procedures for identifying, seizing, confiscating, destroying, and donating to law enforcement for training purposes all cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products produced, processed, packaged, labeled, or offered for sale in this state that do not conform in all respects to the standards prescribed by this chapter or the rules of the board. (c) "Selling price" has the same meaning as in RCW. (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. Knowing possession of any amount above the personal use amount is a Class C felony. (5) In a prosecution under this section, a map produced or reproduced by any municipality, school district, county, transit authority engineer, or public housing authority for the purpose of depicting the location and boundaries of the area on or within one thousand feet of any property used for a school, school bus route stop, public park, public housing project designated by a local governing authority as a drug-free zone, public transit vehicle stop shelter, or a civic center designated as a drug-free zone by a local governing authority, or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas if the governing body of the municipality, school district, county, or transit authority has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the area on or within one thousand feet of the school, school bus route stop, public park, public housing project designated by a local governing authority as a drug-free zone, public transit vehicle stop shelter, or civic center designated as a drug-free zone by a local governing authority. (a) It is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter. (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, or fined not more than two thousand dollars, or both. Any map approved under this section or a true copy of the map shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county. Prohibited acts; violations; penalties. The burden of proof is upon him or her to rebut the presumption. (dd) "Lot" means a definite quantity of cannabis, cannabis concentrates, useable cannabis, or cannabis-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers: (8) Pemoline (including organometallic complexes and chelates thereof); (12) SPA ((-)-1-dimethylamino-1, 2-dephenylethane). The controlled substances in this section may be added, rescheduled, or deleted as provided for in RCW, Pharmacy quality assurance commission may change schedules of controlled substances: RCW. (d) Be posted within seven business days of the submission of the application to the board. (d) Forward it to the drug enforcement administration for disposition. (3) The prosecutor is encouraged to divert cases under this section for assessment, treatment, or other services. Alicia Kik, of Traverse City, has been arraigned on one count of controlled substance possession with intent to deliver. (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. 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. (ii) In deciding which programs and practices to fund, 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. However, if a law enforcement agency satisfies a landlord's claim under subsection (15) of this section, the rights the landlord has against the tenant for damages directly caused by a law enforcement officer under the terms of the landlord and tenant's contract are subrogated to the law enforcement agency. Except as authorized by this Act, it is unlawful for any person knowingly to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance other than methamphetamine and other than bath salts as defined in the Bath Salts Prohibition Act sold or offered for sale in a retail mercantile establishment as defined in (D) That is chemically synthesized and either: (I) Has been demonstrated to have binding activity at one or more cannabinoid receptors; or. (ii) Public safety issues relating to criminal prohibition of cannabis; (c) Youth and adult rates of the following: (iii) Diagnosis of cannabis-related substance use disorder, substance abuse, or substance dependence, including primary, secondary, and tertiary choices of substance; (d) Economic impacts in the private and public sectors, including but not limited to: (iv) Taxes generated for state and local budgets; (e) Criminal justice impacts, to include but not be limited to: (i) Use of public resources like law enforcement officers and equipment, prosecuting attorneys and public defenders, judges and court staff, the Washington state patrol crime lab and identification and criminal history section, jails and prisons, and misdemeanant and felon supervision officers to enforce state criminal laws regarding cannabis; and, (ii) Short and long-term consequences of involvement in the criminal justice system for persons accused of crimes relating to cannabis, their families, and their communities; and. (d) "Service" includes memberships and any other services identified by the board. Prescriptions electronically communicated must also meet the requirements under RCW. Possession With the Intent to Distribute - Findlaw The purpose of the task force is to make recommendations to the board including but not limited to establishing a social equity program for the issuance and reissuance of existing retail, processor, and producer cannabis licenses, and to advise the governor and the legislature on policies that will facilitate development of a cannabis social equity program. In such a case, the intent of the offender shall be determined by the preponderance of the evidence, including the offender's prior criminal history, the amount of cannabis possessed by the offender, the sophistication of the activity or equipment used by the offender, whether the offender was licensed to produce, process, or sell cannabis, or was an employee of a licensed producer, processor, or retailer, and other evidence which demonstrates the offender's intent to engage in unlawful commercial activity; (iv) The unlawful sale of cannabis or a legend drug shall not result in the forfeiture of real property unless the sale was forty grams or more in the case of cannabis or one hundred dollars or more in the case of a legend drug, and a substantial nexus exists between the unlawful sale and the real property; and. (b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he or she is presumed not to be the holder of the registration or form. The provisions of RCW. (5) A cannabis retailer holding an endorsement to sell cannabis to qualifying patients or designated providers must train its employees on: (a) Procedures regarding the recognition of valid authorizations and the use of equipment to enter qualifying patients and designated providers into the medical cannabis authorization database; (b) Recognition of valid recognition cards; and. (7) Nothing in this section shall apply to a drug, as defined in RCW. (2) Any agreements entered into by a licensed cannabis business, as authorized under this section, must be disclosed to the board and may include: (a) A royalty fee or flat rate calculated based on sales of each product that includes the intellectual property or was manufactured or sold using the licensed intellectual property or service, provided that the royalty fee is no greater than an amount equivalent to ten percent of the licensed cannabis business's gross sales derived from the sale of such product; (b) A flat rate or lump sum calculated based on time or milestones; (c) Terms giving either party exclusivity or qualified exclusivity as it relates to use of the intellectual property; (d) Quality control standards as necessary to protect the integrity of the intellectual property; (e) Enforcement obligations to be undertaken by the licensed cannabis business; (f) Covenants to use the licensed intellectual property; and.
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