• Text of the bill: Washington Initiative 502

    by  • November 13, 2012 • Official Reports • 1 Comment

    Filed July 8, 2011

    Passed into law November 6, 2012
    AN ACT Relating to marijuana; amending RCW 69.50.101, 69.50.401,
    69.50.4013, 69.50.412, 69.50.4121, 69.50.500, 46.20.308, 46.61.502,
    46.61.504, 46.61.50571, and 46.61.506; reenacting and amending RCW
    69.50.505, 46.20.3101, and 46.61.503; adding a new section to chapter
    46.04 RCW; adding new sections to chapter 69.50 RCW; creating new
    sections; and prescribing penalties.
    BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:

    PART I
    INTENT
    NEW SECTION. Sec. 1. The people intend to stop treating adult
    marijuana use as a crime and try a new approach that:
    (1) Allows law enforcement resources to be focused on violent and
    property crimes;
    (2) Generates new state and local tax revenue for education,
    health care, research, and substance abuse prevention; and
    (3) Takes marijuana 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.
    This measure authorizes the state liquor control board to regulate
    and tax marijuana for persons twenty-one years of age and older, and
    add a new threshold for driving under the influence of marijuana.

     

    PART II
    DEFINITIONS
    Sec. 2. RCW 69.50.101 and 2010 c 177 s 1 are each amended to read
    as follows:
    Unless the context clearly requires otherwise, definitions of
    terms shall be as indicated where used in this chapter:
    (a) “Administer” means to apply a controlled substance, whether by
    injection, inhalation, ingestion, or any other means, directly to the
    body of a patient or research subject by:
    (1) a practitioner authorized to prescribe (or, by the
    practitioner’s authorized agent); or
    (2) the patient or research subject at the direction and in the
    presence of the practitioner.
    (b) “Agent” means an authorized person who acts on behalf of or at
    the direction of a manufacturer, distributor, or dispenser. It does
    not include a common or contract carrier, public warehouseperson, or
    employee of the carrier or warehouseperson.
    (c) “Board” means the state board of pharmacy.
    (d) “Controlled substance” means a drug, substance, or immediate
    precursor included in Schedules I through V as set forth in federal or
    state laws, or federal or board rules.
    (e)(1) “Controlled substance analog” means a substance the
    chemical structure of which is substantially similar to the chemical
    structure of a controlled substance in Schedule I or II and:
    (i) that has a stimulant, depressant, or hallucinogenic effect on
    the central nervous system substantially similar to the stimulant,
    depressant, or hallucinogenic effect on the central nervous system of
    a controlled substance included in Schedule I or II; or
    (ii) with respect to a particular individual, that the individual
    represents or intends to have a stimulant, depressant, or
    hallucinogenic effect on the central nervous system substantially
    similar to the stimulant, depressant, or hallucinogenic effect on the
    central nervous system of a controlled substance included in Schedule
    I or II.
    (2) The term does not include:
    (i) a controlled substance;Code Rev/AI:crs 3 I-2465.1/11
    (ii) a substance for which there is an approved new drug
    application;
    (iii) a substance with respect to which an exemption is in effect
    for investigational use by a particular person under Section 505 of
    the federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the
    extent conduct with respect to the substance is pursuant to the
    exemption; or
    (iv) any substance to the extent not intended for human
    consumption before an exemption takes effect with respect to the
    substance.
    (f) “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.
    (g) “Department” means the department of health.
    (h) “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.
    (i) “Dispenser” means a practitioner who dispenses.
    (j) “Distribute” means to deliver other than by administering or
    dispensing a controlled substance.
    (k) “Distributor” means a person who distributes.
    (l) “Drug” means (1) a controlled substance recognized as a drug
    in the official United States pharmacopoeia/national formulary or the
    official homeopathic pharmacopoeia of the United States, or any
    supplement to them; (2) controlled substances intended for use in the
    diagnosis, cure, mitigation, treatment, or prevention of disease in
    individuals or animals; (3) controlled substances (other than food)
    intended to affect the structure or any function of the body of
    individuals or animals; and (4) controlled substances intended for use
    as a component of any article specified in (1), (2), or (3) of this
    subsection. The term does not include devices or their components,
    parts, or accessories.Code Rev/AI:crs 4 I-2465.1/11
    (m) “Drug enforcement administration” means the drug enforcement
    administration in the United States Department of Justice, or its
    successor agency.
    (n) “Immediate precursor” means a substance:
    (1) that the state board of pharmacy has found to be and by rule
    designates as being the principal compound commonly used, or produced
    primarily for use, in the manufacture of a controlled substance;
    (2) that is an immediate chemical intermediary used or likely to
    be used in the manufacture of a controlled substance; and
    (3) the control of which is necessary to prevent, curtail, or
    limit the manufacture of the controlled substance.
    (o) “Isomer” means an optical isomer, but in RCW 69.50.101(((r)))
    (x)(5), 69.50.204(a) (12) and (34), and 69.50.206(b)(4), the term
    includes any geometrical isomer; in RCW 69.50.204(a) (8) and (42), and
    69.50.210(c) the term includes any positional isomer; and in RCW
    69.50.204(a)(35), 69.50.204(c), and 69.50.208(a) the term includes any
    positional or geometric isomer.
    (p) “Lot” means a definite quantity of marijuana, useable
    marijuana, or marijuana-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.
    (q) “Lot number” shall identify the licensee by business or trade
    name and Washington state unified business identifier number, and the
    date of harvest or processing for each lot of marijuana, useable
    marijuana, or marijuana-infused product.
    (r) “Manufacture” means the production, preparation, propagation,
    compounding, conversion, or processing of a controlled substance,
    either directly or indirectly or by extraction from substances of
    natural origin, or independently by means of chemical synthesis, or by
    a combination of extraction and chemical synthesis, and includes any
    packaging or repackaging of the substance or labeling or relabeling of
    its container. The term does not include the preparation,
    compounding, packaging, repackaging, labeling, or relabeling of a
    controlled substance:Code Rev/AI:crs 5 I-2465.1/11
    (1) by a practitioner as an incident to the practitioner’s
    administering or dispensing of a controlled substance in the course of
    the practitioner’s professional practice; or
    (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.
    (((q))) (s) “Marijuana” or “marihuana” means all parts of the
    plant Cannabis, whether growing or not, with a THC concentration
    greater than 0.3 percent on a dry weight basis; the seeds thereof; the
    resin extracted from any part of the plant; and every compound,
    manufacture, salt, derivative, mixture, or preparation of the plant,
    its seeds or resin. The term does not include the mature stalks of
    the plant, fiber produced from the stalks, oil or cake made from the
    seeds of the plant, any other compound, manufacture, salt, derivative,
    mixture, or preparation of the mature stalks (except the resin
    extracted therefrom), fiber, oil, or cake, or the sterilized seed of
    the plant which is incapable of germination.
    (((r))) (t) “Marijuana processor” means a person licensed by the
    state liquor control board to process marijuana into useable marijuana
    and marijuana-infused products, package and label useable marijuana
    and marijuana-infused products for sale in retail outlets, and sell
    useable marijuana and marijuana-infused products at wholesale to
    marijuana retailers.
    (u) “Marijuana producer” means a person licensed by the state
    liquor control board to produce and sell marijuana at wholesale to
    marijuana processors and other marijuana producers.
    (v) “Marijuana-infused products” means products that contain
    marijuana or marijuana extracts and are intended for human use. The
    term “marijuana-infused products” does not include useable marijuana.
    (w) “Marijuana retailer” means a person licensed by the state
    liquor control board to sell useable marijuana and marijuana-infused
    products in a retail outlet.
    (x) “Narcotic drug” means any of the following, whether produced
    directly or indirectly by extraction from substances of vegetable Code Rev/AI:crs 6 I-2465.1/11
    origin, or independently by means of chemical synthesis, or by a
    combination of extraction and chemical synthesis:
    (1) Opium, opium derivative, and any derivative of opium or opium
    derivative, including their salts, isomers, and salts of isomers,
    whenever the existence of the salts, isomers, and salts of isomers is
    possible within the specific chemical designation. The term does not
    include the isoquinoline alkaloids of opium.
    (2) Synthetic opiate and any derivative of synthetic opiate,
    including their isomers, esters, ethers, salts, and salts of isomers,
    esters, and ethers, whenever the existence of the isomers, esters,
    ethers, and salts is possible within the specific chemical
    designation.
    (3) Poppy straw and concentrate of poppy straw.
    (4) Coca leaves, except coca leaves and extracts of coca leaves
    from which cocaine, ecgonine, and derivatives or ecgonine or their
    salts have been removed.
    (5) Cocaine, or any salt, isomer, or salt of isomer thereof.
    (6) Cocaine base.
    (7) Ecgonine, or any derivative, salt, isomer, or salt of isomer
    thereof.
    (8) Any compound, mixture, or preparation containing any quantity
    of any substance referred to in subparagraphs (1) through (7).
    (((s))) (y) “Opiate” means any substance having an addictionforming or addiction-sustaining liability similar to morphine or being
    capable of conversion into a drug having addiction-forming or
    addiction-sustaining liability. The term includes opium, substances
    derived from opium (opium derivatives), and synthetic opiates. The
    term does not include, unless specifically designated as controlled
    under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-nmethylmorphinan and its salts (dextromethorphan). The term includes
    the racemic and levorotatory forms of dextromethorphan.
    (((t))) (z) “Opium poppy” means the plant of the species Papaver
    somniferum L., except its seeds.
    (((u))) (aa) “Person” means individual, corporation, business
    trust, estate, trust, partnership, association, joint venture, Code Rev/AI:crs 7 I-2465.1/11
    government, governmental subdivision or agency, or any other legal or
    commercial entity.
    (((v))) (bb) “Poppy straw” means all parts, except the seeds, of
    the opium poppy, after mowing.
    (((w))) (cc) “Practitioner” means:
    (1) A physician under chapter 18.71 RCW; a physician assistant
    under chapter 18.71A RCW; an osteopathic physician and surgeon under
    chapter 18.57 RCW; an osteopathic physician assistant under chapter
    18.57A RCW who is licensed under RCW 18.57A.020 subject to any
    limitations in RCW 18.57A.040; an optometrist licensed under chapter
    18.53 RCW who is certified by the optometry board under RCW 18.53.010
    subject to any limitations in RCW 18.53.010; a dentist under chapter
    18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW;
    a veterinarian under chapter 18.92 RCW; a registered nurse, advanced
    registered nurse practitioner, or licensed practical nurse under
    chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW
    who is licensed under RCW 18.36A.030 subject to any limitations in RCW
    18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific
    investigator under this chapter, licensed, registered or otherwise
    permitted insofar as is consistent with those licensing laws to
    distribute, dispense, conduct research with respect to or administer a
    controlled substance in the course of their professional practice or
    research in this state.
    (2) A pharmacy, hospital or other institution licensed,
    registered, or otherwise permitted to distribute, dispense, conduct
    research with respect to or to administer a controlled substance in
    the course of professional practice or research in this state.
    (3) A physician licensed to practice medicine and surgery, a
    physician licensed to practice osteopathic medicine and surgery, a
    dentist licensed to practice dentistry, a podiatric physician and
    surgeon licensed to practice podiatric medicine and surgery, or a
    veterinarian licensed to practice veterinary medicine in any state of
    the United States.
    (((x))) (dd) “Prescription” means an order for controlled
    substances issued by a practitioner duly authorized by law or rule in Code Rev/AI:crs 8 I-2465.1/11
    the state of Washington to prescribe controlled substances within the
    scope of his or her professional practice for a legitimate medical
    purpose.
    (((y))) (ee) “Production” includes the manufacturing, planting,
    cultivating, growing, or harvesting of a controlled substance.
    (((z))) (ff) “Retail outlet” means a location licensed by the
    state liquor control board for the retail sale of useable marijuana
    and marijuana-infused products.
    (gg) “Secretary” means the secretary of health or the secretary’s
    designee.
    (((aa))) (hh) “State,” unless the context otherwise requires,
    means a state of the United States, the District of Columbia, the
    Commonwealth of Puerto Rico, or a territory or insular possession
    subject to the jurisdiction of the United States.
    (((bb))) (ii) “THC concentration” means percent of delta-9
    tetrahydrocannabinol content per dry weight of any part of the plant
    Cannabis, or per volume or weight of marijuana product.
    (jj) “Ultimate user” means an individual who lawfully possesses a
    controlled substance for the individual’s own use or for the use of a
    member of the individual’s household or for administering to an animal
    owned by the individual or by a member of the individual’s household.
    (((cc))) (kk) “Useable marijuana” means dried marijuana flowers.
    The term “useable marijuana” does not include marijuana-infused
    products.
    (ll) “Electronic communication of prescription information” means
    the communication of prescription information by computer, or the
    transmission of an exact visual image of a prescription by facsimile,
    or other electronic means for original prescription information or
    prescription refill information for a Schedule III-V controlled
    substance between an authorized practitioner and a pharmacy or the
    transfer of prescription information for a controlled substance from
    one pharmacy to another pharmacy.
    NEW SECTION. Sec. 3. A new section is added to chapter 46.04 RCW
    to read as follows:Code Rev/AI:crs 9 I-2465.1/11
    “THC concentration” means nanograms of delta-9
    tetrahydrocannabinol per milliliter of a person’s whole blood. THC
    concentration does not include measurement of the metabolite THC-COOH,
    also known as carboxy-THC.
    PART III
    LICENSING AND REGULATION OF MARIJUANA
    PRODUCERS, PROCESSORS, AND RETAILERS
    NEW SECTION. Sec. 4. (1) There shall be a marijuana producer’s
    license to produce marijuana for sale at wholesale to marijuana
    processors and other marijuana producers, regulated by the state
    liquor control board and subject to annual renewal. The production,
    possession, delivery, distribution, and sale of marijuana in
    accordance with the provisions of this act and the rules adopted to
    implement and enforce it, by a validly licensed marijuana producer,
    shall not be a criminal or civil offense under Washington state law.
    Every marijuana producer’s license shall be issued in the name of the
    applicant, shall specify the location at which the marijuana producer
    intends to operate, which must be within the state of Washington, and
    the holder thereof shall not allow any other person to use the
    license. The application fee for a marijuana producer’s license shall
    be two hundred fifty dollars. The annual fee for issuance and renewal
    of a marijuana producer’s license shall be one thousand dollars. A
    separate license shall be required for each location at which a
    marijuana producer intends to produce marijuana.
    (2) There shall be a marijuana processor’s license to process,
    package, and label useable marijuana and marijuana-infused products
    for sale at wholesale to marijuana retailers, regulated by the state
    liquor control board and subject to annual renewal. The processing,
    packaging, possession, delivery, distribution, and sale of marijuana,
    useable marijuana, and marijuana-infused products in accordance with
    the provisions of this act and the rules adopted to implement and
    enforce it, by a validly licensed marijuana processor, shall not be a Code Rev/AI:crs 10 I-2465.1/11
    criminal or civil offense under Washington state law. Every marijuana
    processor’s license shall be issued in the name of the applicant,
    shall specify the location at which the licensee intends to operate,
    which must be within the state of Washington, and the holder thereof
    shall not allow any other person to use the license. The application
    fee for a marijuana processor’s license shall be two hundred fifty
    dollars. The annual fee for issuance and renewal of a marijuana
    processor’s license shall be one thousand dollars. A separate license
    shall be required for each location at which a marijuana processor
    intends to process marijuana.
    (3) There shall be a marijuana retailer’s license to sell useable
    marijuana and marijuana-infused products at retail in retail outlets,
    regulated by the state liquor control board and subject to annual
    renewal. The possession, delivery, distribution, and sale of useable
    marijuana and marijuana-infused products in accordance with the
    provisions of this act and the rules adopted to implement and enforce
    it, by a validly licensed marijuana retailer, shall not be a criminal
    or civil offense under Washington state law. Every marijuana
    retailer’s license shall be issued in the name of the applicant, shall
    specify the location of the retail outlet the licensee intends to
    operate, which must be within the state of Washington, and the holder
    thereof shall not allow any other person to use the license. The
    application fee for a marijuana retailer’s license shall be two
    hundred fifty dollars. The annual fee for issuance and renewal of a
    marijuana retailer’s license shall be one thousand dollars. A
    separate license shall be required for each location at which a
    marijuana retailer intends to sell useable marijuana and marijuanainfused products.
    NEW SECTION. Sec. 5. Neither a licensed marijuana producer nor a
    licensed marijuana processor shall have a direct or indirect financial
    interest in a licensed marijuana retailer.
    NEW SECTION. Sec. 6. (1) For the purpose of considering any
    application for a license to produce, process, or sell marijuana, or Code Rev/AI:crs 11 I-2465.1/11
    for the renewal of a license to produce, process, or sell marijuana,
    the state liquor control board may cause an inspection of the premises
    to be made, and may inquire into all matters in connection with the
    construction and operation of the premises. For the purpose of
    reviewing any application for a license and for considering the
    denial, suspension, revocation, or renewal or denial thereof, of any
    license, the state liquor control board may consider any prior
    criminal conduct of the applicant including an administrative
    violation history record with the state liquor control board and a
    criminal history record information check. The state liquor control
    board may submit the criminal history record information check to the
    Washington state patrol and to the identification division of the
    federal bureau of investigation in order that these agencies may
    search their records for prior arrests and convictions of the
    individual or individuals who filled out the forms. The state liquor
    control board shall require fingerprinting of any applicant whose
    criminal history record information check is submitted to the federal
    bureau of investigation. The provisions of RCW 9.95.240 and of
    chapter 9.96A RCW shall not apply to these cases. Subject to the
    provisions of this section, the state liquor control board may, in its
    discretion, grant or deny the renewal or license applied for. Denial
    may be based on, without limitation, the existence of chronic illegal
    activity documented in objections submitted pursuant to subsections
    (7)(c) and (9) of this section. Authority to approve an uncontested
    or unopposed license may be granted by the state liquor control board
    to any staff member the board designates in writing. Conditions for
    granting this authority shall be adopted by rule. No license of any
    kind may be issued to:
    (a) A person under the age of twenty-one years;
    (b) A person doing business as a sole proprietor who has not
    lawfully resided in the state for at least three months prior to
    applying to receive a license;
    (c) A partnership, employee cooperative, association, nonprofit
    corporation, or corporation unless formed under the laws of this Code Rev/AI:crs 12 I-2465.1/11
    state, and unless all of the members thereof are qualified to obtain a
    license as provided in this section; or
    (d) A person whose place of business is conducted by a manager or
    agent, unless the manager or agent possesses the same qualifications
    required of the licensee.
    (2)(a) The state liquor control board may, in its discretion,
    subject to the provisions of section 7 of this act, suspend or cancel
    any license; and all protections of the licensee from criminal or
    civil sanctions under state law for producing, processing, or selling
    marijuana, useable marijuana, or marijuana-infused products thereunder
    shall be suspended or terminated, as the case may be.
    (b) The state liquor control board shall immediately suspend the
    license of a person who has been certified pursuant to RCW 74.20A.320
    by the department of social and health services as a person who is not
    in compliance with a support order. If the person has continued to
    meet all other requirements for reinstatement during the suspension,
    reissuance of the license shall be automatic upon the state liquor
    control board’s receipt of a release issued by the department of
    social and health services stating that the licensee is in compliance
    with the order.
    (c) The state liquor control board may request the appointment of
    administrative law judges under chapter 34.12 RCW who shall have power
    to administer oaths, issue subpoenas for the attendance of witnesses
    and the production of papers, books, accounts, documents, and
    testimony, examine witnesses, and to receive testimony in any inquiry,
    investigation, hearing, or proceeding in any part of the state, under
    rules and regulations the state liquor control board may adopt.
    (d) Witnesses shall be allowed fees and mileage each way to and
    from any inquiry, investigation, hearing, or proceeding at the rate
    authorized by RCW 34.05.446. Fees need not be paid in advance of
    appearance of witnesses to testify or to produce books, records, or
    other legal evidence.
    (e) In case of disobedience of any person to comply with the order
    of the state liquor control board or a subpoena issued by the state
    liquor control board, or any of its members, or administrative law Code Rev/AI:crs 13 I-2465.1/11
    judges, or on the refusal of a witness to testify to any matter
    regarding which he or she may be lawfully interrogated, the judge of
    the superior court of the county in which the person resides, on
    application of any member of the board or administrative law judge,
    shall compel obedience by contempt proceedings, as in the case of
    disobedience of the requirements of a subpoena issued from said court
    or a refusal to testify therein.
    (3) Upon receipt of notice of the suspension or cancellation of a
    license, the licensee shall forthwith deliver up the license to the
    state liquor control board. Where the license has been suspended
    only, the state liquor control board shall return the license to the
    licensee at the expiration or termination of the period of suspension.
    The state liquor control board shall notify all other licensees in the
    county where the subject licensee has its premises of the suspension
    or cancellation of the license; and no other licensee or employee of
    another licensee may allow or cause any marijuana, useable marijuana,
    or marijuana-infused products to be delivered to or for any person at
    the premises of the subject licensee.
    (4) Every license issued under this act shall be subject to all
    conditions and restrictions imposed by this act or by rules adopted by
    the state liquor control board to implement and enforce this act. All
    conditions and restrictions imposed by the state liquor control board
    in the issuance of an individual license shall be listed on the face
    of the individual license along with the trade name, address, and
    expiration date.
    (5) Every licensee shall post and keep posted its license, or
    licenses, in a conspicuous place on the premises.
    (6) No licensee shall employ any person under the age of twentyone years.
    (7)(a) Before the state liquor control board issues a new or
    renewed license to an applicant it shall give notice of the
    application to the chief executive officer of the incorporated city or
    town, if the application is for a license within an incorporated city
    or town, or to the county legislative authority, if the application is
    for a license outside the boundaries of incorporated cities or towns.Code Rev/AI:crs 14 I-2465.1/11
    (b) The incorporated city or town through the official or employee
    selected by it, or the county legislative authority or the official or
    employee selected by it, shall have the right to file with the state
    liquor control board within twenty days after the date of transmittal
    of the notice for applications, or at least thirty days prior to the
    expiration date for renewals, written objections against the applicant
    or against the premises for which the new or renewed license is asked.
    The state liquor control board may extend the time period for
    submitting written objections.
    (c) The written objections shall include a statement of all facts
    upon which the objections are based, and in case written objections
    are filed, the city or town or county legislative authority may
    request, and the state liquor control board may in its discretion
    hold, a hearing subject to the applicable provisions of Title 34 RCW.
    If the state liquor control board makes an initial decision to deny a
    license or renewal based on the written objections of an incorporated
    city or town or county legislative authority, the applicant may
    request a hearing subject to the applicable provisions of Title 34
    RCW. If a hearing is held at the request of the applicant, state
    liquor control board representatives shall present and defend the
    state liquor control board’s initial decision to deny a license or
    renewal.
    (d) Upon the granting of a license under this title the state
    liquor control board shall send written notification to the chief
    executive officer of the incorporated city or town in which the
    license is granted, or to the county legislative authority if the
    license is granted outside the boundaries of incorporated cities or
    towns.
    (8) The state liquor control board shall not issue a license for
    any premises within one thousand feet of the perimeter of the grounds
    of any elementary or secondary school, playground, recreation center
    or facility, child care center, public park, public transit center, or
    library, or any game arcade admission to which is not restricted to
    persons aged twenty-one years or older.Code Rev/AI:crs 15 I-2465.1/11
    (9) In determining whether to grant or deny a license or renewal
    of any license, the state liquor control board shall give substantial
    weight to objections from an incorporated city or town or county
    legislative authority based upon chronic illegal activity associated
    with the applicant’s operations of the premises proposed to be
    licensed or the applicant’s operation of any other licensed premises,
    or the conduct of the applicant’s patrons inside or outside the
    licensed premises. “Chronic illegal activity” means (a) a pervasive
    pattern of activity that threatens the public health, safety, and
    welfare of the city, town, or county including, but not limited to,
    open container violations, assaults, disturbances, disorderly conduct,
    or other criminal law violations, or as documented in crime
    statistics, police reports, emergency medical response data, calls for
    service, field data, or similar records of a law enforcement agency
    for the city, town, county, or any other municipal corporation or any
    state agency; or (b) an unreasonably high number of citations for
    violations of RCW 46.61.502 associated with the applicant’s or
    licensee’s operation of any licensed premises as indicated by the
    reported statements given to law enforcement upon arrest.
    NEW SECTION. Sec. 7. The action, order, or decision of the state
    liquor control board as to any denial of an application for the
    reissuance of a license to produce, process, or sell marijuana, or as
    to any revocation, suspension, or modification of any license to
    produce, process, or sell marijuana, shall be an adjudicative
    proceeding and subject to the applicable provisions of chapter 34.05
    RCW.
    (1) An opportunity for a hearing may be provided to an applicant
    for the reissuance of a license prior to the disposition of the
    application, and if no opportunity for a prior hearing is provided
    then an opportunity for a hearing to reconsider the application must
    be provided the applicant.
    (2) An opportunity for a hearing must be provided to a licensee
    prior to a revocation or modification of any license and, except as Code Rev/AI:crs 16 I-2465.1/11
    provided in subsection (4) of this section, prior to the suspension of
    any license.
    (3) No hearing shall be required until demanded by the applicant
    or licensee.
    (4) The state liquor control 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. Proceedings for revocation or other action must be
    promptly instituted and determined. 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. The state liquor control board’s enforcement division shall
    complete a preliminary staff investigation of the violation before
    requesting an emergency suspension by the state liquor control board.
    NEW SECTION. Sec. 8. (1) If the state liquor control board
    approves, a license to produce, process, or sell marijuana may be
    transferred, without charge, to the surviving spouse or domestic
    partner of a deceased licensee if the license was issued in the names
    of one or both of the parties. For the purpose of considering the
    qualifications of the surviving party to receive a marijuana
    producer’s, marijuana processor’s, or marijuana retailer’s license,
    the state liquor control board may require a criminal history record
    information check. The state liquor control board may submit the
    criminal history record information check to the Washington state
    patrol and to the identification division of the federal bureau of
    investigation in order that these agencies may search their records
    for prior arrests and convictions of the individual or individuals who
    filled out the forms. The state liquor control board shall require
    fingerprinting of any applicant whose criminal history record
    information check is submitted to the federal bureau of investigation.Code Rev/AI:crs 17 I-2465.1/11
    (2) The proposed sale of more than ten percent of the outstanding
    or issued stock of a corporation licensed under this act, or any
    proposed change in the officers of such a corporation, must be
    reported to the state liquor control board, and state liquor control
    board approval must be obtained before the changes are made. A fee of
    seventy-five dollars will be charged for the processing of the change
    of stock ownership or corporate officers.
    NEW SECTION. Sec. 9. For the purpose of carrying into effect the
    provisions of this act according to their true intent or of supplying
    any deficiency therein, the state liquor control board may adopt rules
    not inconsistent with the spirit of this act as are deemed necessary
    or advisable. Without limiting the generality of the preceding
    sentence, the state liquor control board is empowered to adopt rules
    regarding the following:
    (1) The equipment and management of retail outlets and premises
    where marijuana is produced or processed, and inspection of the retail
    outlets and premises;
    (2) The books and records to be created and maintained by
    licensees, the reports to be made thereon to the state liquor control
    board, and inspection of the books and records;
    (3) Methods of producing, processing, and packaging marijuana,
    useable marijuana, and marijuana-infused products; conditions of
    sanitation; and standards of ingredients, quality, and identity of
    marijuana, useable marijuana, and marijuana-infused products produced,
    processed, packaged, or sold by licensees;
    (4) Security requirements for retail outlets and premises where
    marijuana is produced or processed, and safety protocols for licensees
    and their employees;
    (5) Screening, hiring, training, and supervising employees of
    licensees;
    (6) Retail outlet locations and hours of operation;
    (7) Labeling requirements and restrictions on advertisement of
    marijuana, useable marijuana, and marijuana-infused products;Code Rev/AI:crs 18 I-2465.1/11
    (8) Forms to be used for purposes of this act or the rules adopted
    to implement and enforce it, the terms and conditions to be contained
    in licenses issued under this act, and the qualifications for
    receiving a license issued under this act, including a criminal
    history record information check. The state liquor control board may
    submit any criminal history record information check to the Washington
    state patrol and to the identification division of the federal bureau
    of investigation in order that these agencies may search their records
    for prior arrests and convictions of the individual or individuals who
    filled out the forms. The state liquor control board shall require
    fingerprinting of any applicant whose criminal history record
    information check is submitted to the federal bureau of investigation;
    (9) Application, reinstatement, and renewal fees for licenses
    issued under this act, and fees for anything done or permitted to be
    done under the rules adopted to implement and enforce this act;
    (10) The manner of giving and serving notices required by this act
    or rules adopted to implement or enforce it;
    (11) Times and periods when, and the manner, methods, and means by
    which, licensees shall transport and deliver marijuana, useable
    marijuana, and marijuana-infused products within the state;
    (12) Identification, seizure, confiscation, destruction, or
    donation to law enforcement for training purposes of all marijuana,
    useable marijuana, and marijuana-infused products produced, processed,
    sold, or offered for sale within this state which do not conform in
    all respects to the standards prescribed by this act or the rules
    adopted to implement and enforce it: PROVIDED, That nothing in this
    act shall be construed as authorizing the state liquor control board
    to seize, confiscate, destroy, or donate to law enforcement marijuana,
    useable marijuana, or marijuana-infused products produced, processed,
    sold, offered for sale, or possessed in compliance with the Washington
    state medical use of cannabis act, chapter 69.51A RCW.
    NEW SECTION. Sec. 10. The state liquor control board, subject to
    the provisions of this act, must adopt rules by December 1, 2013, that Code Rev/AI:crs 19 I-2465.1/11
    establish the procedures and criteria necessary to implement the
    following:
    (1) Licensing of marijuana producers, marijuana processors, and
    marijuana retailers, including prescribing forms and establishing
    application, reinstatement, and renewal fees;
    (2) Determining, in consultation with the office of financial
    management, the maximum number of retail outlets that may be licensed
    in each county, taking into consideration:
    (a) Population distribution;
    (b) Security and safety issues; and
    (c) The provision of adequate access to licensed sources of
    useable marijuana and marijuana-infused products to discourage
    purchases from the illegal market;
    (3) Determining the maximum quantity of marijuana a marijuana
    producer may have on the premises of a licensed location at any time
    without violating Washington state law;
    (4) Determining the maximum quantities of marijuana, useable
    marijuana, and marijuana-infused products a marijuana processor may
    have on the premises of a licensed location at any time without
    violating Washington state law;
    (5) Determining the maximum quantities of useable marijuana and
    marijuana-infused products a marijuana retailer may have on the
    premises of a retail outlet at any time without violating Washington
    state law;
    (6) In making the determinations required by subsections (3)
    through (5) of this section, the state liquor control board shall take
    into consideration:
    (a) Security and safety issues;
    (b) The provision of adequate access to licensed sources of
    marijuana, useable marijuana, and marijuana-infused products to
    discourage purchases from the illegal market; and
    (c) Economies of scale, and their impact on licensees’ ability to
    both comply with regulatory requirements and undercut illegal market
    prices;Code Rev/AI:crs 20 I-2465.1/11
    (7) Determining the nature, form, and capacity of all containers
    to be used by licensees to contain marijuana, useable marijuana, and
    marijuana-infused products, and their labeling requirements, to
    include but not be limited to:
    (a) The business or trade name and Washington state unified
    business identifier number of the licensees that grew, processed, and
    sold the marijuana, useable marijuana, or marijuana-infused product;
    (b) Lot numbers of the marijuana, useable marijuana, or marijuanainfused product;
    (c) THC concentration of the marijuana, useable marijuana, or
    marijuana-infused product;
    (d) Medically and scientifically accurate information about the
    health and safety risks posed by marijuana use; and
    (e) Language required by RCW 69.04.480;
    (8) In consultation with the department of agriculture,
    establishing classes of marijuana, useable marijuana, and marijuanainfused products according to grade, condition, cannabinoid profile,
    THC concentration, or other qualitative measurements deemed
    appropriate by the state liquor control board;
    (9) Establishing reasonable time, place, and manner restrictions
    and requirements regarding advertising of marijuana, useable
    marijuana, and marijuana-infused products that are not inconsistent
    with the provisions of this act, taking into consideration:
    (a) Federal laws relating to marijuana that are applicable within
    Washington state;
    (b) Minimizing exposure of people under twenty-one years of age to
    the advertising; and
    (c) The inclusion of medically and scientifically accurate
    information about the health and safety risks posed by marijuana use
    in the advertising;
    (10) Specifying and regulating the time and periods when, and the
    manner, methods, and means by which, licensees shall transport and
    deliver marijuana, useable marijuana, and marijuana-infused products
    within the state;Code Rev/AI:crs 21 I-2465.1/11
    (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 state liquor control board, and prescribing
    methods of producing, processing, and packaging marijuana, useable
    marijuana, and marijuana-infused products; conditions of sanitation;
    and standards of ingredients, quality, and identity of marijuana,
    useable marijuana, and marijuana-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
    marijuana, useable marijuana, and marijuana-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 act
    or the rules of the state liquor control board.
    NEW SECTION. Sec. 11. (1) On a schedule determined by the state
    liquor control board, every licensed marijuana producer and processor
    must submit representative samples of marijuana, useable marijuana, or
    marijuana-infused products produced or processed by the licensee to an
    independent, third-party testing laboratory meeting the accreditation
    requirements established by the state liquor control board, for
    inspection and testing to certify compliance with standards adopted by
    the state liquor control board. Any sample remaining after testing
    shall be destroyed by the laboratory or returned to the licensee.
    (2) Licensees must submit the results of this inspection and
    testing to the state liquor control board on a form developed by the
    state liquor control board.
    (3) If a representative sample inspected and tested under this
    section does not meet the applicable standards adopted by the state
    liquor control board, the entire lot from which the sample was taken
    must be destroyed.
    NEW SECTION. Sec. 12. Except as provided by chapter 42.52 RCW,
    no member of the state liquor control board and no employee of the Code Rev/AI:crs 22 I-2465.1/11
    state liquor control board shall have any interest, directly or
    indirectly, in the producing, processing, or sale of marijuana,
    useable marijuana, or marijuana-infused products, or derive any profit
    or remuneration from the sale of marijuana, useable marijuana, or
    marijuana-infused products other than the salary or wages payable to
    him or her in respect of his or her office or position, and shall
    receive no gratuity from any person in connection with the business.
    NEW SECTION. Sec. 13. There may be licensed, in no greater
    number in each of the counties of the state than as the state liquor
    control board shall deem advisable, retail outlets established for the
    purpose of making useable marijuana and marijuana-infused products
    available for sale to adults aged twenty-one and over. Retail sale of
    useable marijuana and marijuana-infused products in accordance with
    the provisions of this act and the rules adopted to implement and
    enforce it, by a validly licensed marijuana retailer or retail outlet
    employee, shall not be a criminal or civil offense under Washington
    state law.
    NEW SECTION. Sec. 14. (1) Retail outlets shall sell no products
    or services other than useable marijuana, marijuana-infused products,
    or paraphernalia intended for the storage or use of useable marijuana
    or marijuana-infused products.
    (2) Licensed marijuana retailers shall not employ persons under
    twenty-one years of age or allow persons under twenty-one years of age
    to enter or remain on the premises of a retail outlet.
    (3) Licensed marijuana retailers shall not display any signage in
    a window, on a door, or on the outside of the premises of a retail
    outlet that is visible to the general public from a public right-ofway, other than a single sign no larger than one thousand six hundred
    square inches identifying the retail outlet by the licensee’s business
    or trade name.
    (4) Licensed marijuana retailers shall not display useable
    marijuana or marijuana-infused products in a manner that is visible to
    the general public from a public right-of-way.Code Rev/AI:crs 23 I-2465.1/11
    (5) No licensed marijuana retailer or employee of a retail outlet
    shall open or consume, or allow to be opened or consumed, any useable
    marijuana or marijuana-infused product on the outlet premises.
    (6) The state liquor control board shall fine a licensee one
    thousand dollars for each violation of any subsection of this section.
    Fines collected under this section must be deposited into the
    dedicated marijuana fund created under section 26 of this act.
    NEW SECTION. Sec. 15. The following acts, when performed by a
    validly licensed marijuana retailer or employee of a validly licensed
    retail outlet in compliance with rules adopted by the state liquor
    control board to implement and enforce this act, shall not constitute
    criminal or civil offenses under Washington state law:
    (1) Purchase and receipt of useable marijuana or marijuana-infused
    products that have been properly packaged and labeled from a marijuana
    processor validly licensed under this act;
    (2) Possession of quantities of useable marijuana or marijuanainfused products that do not exceed the maximum amounts established by
    the state liquor control board under section 10(5) of this act; and
    (3) Delivery, distribution, and sale, on the premises of the
    retail outlet, of any combination of the following amounts of useable
    marijuana or marijuana-infused product to any person twenty-one years
    of age or older:
    (a) One ounce of useable marijuana;
    (b) Sixteen ounces of marijuana-infused product in solid form; or
    (c) Seventy-two ounces of marijuana-infused product in liquid
    form.
    NEW SECTION. Sec. 16. The following acts, when performed by a
    validly licensed marijuana processor or employee of a validly licensed
    marijuana processor in compliance with rules adopted by the state
    liquor control board to implement and enforce this act, shall not
    constitute criminal or civil offenses under Washington state law:Code Rev/AI:crs 24 I-2465.1/11
    (1) Purchase and receipt of marijuana that has been properly
    packaged and labeled from a marijuana producer validly licensed under
    this act;
    (2) Possession, processing, packaging, and labeling of quantities
    of marijuana, useable marijuana, and marijuana-infused products that
    do not exceed the maximum amounts established by the state liquor
    control board under section 10(4) of this act; and
    (3) Delivery, distribution, and sale of useable marijuana or
    marijuana-infused products to a marijuana retailer validly licensed
    under this act.
    NEW SECTION. Sec. 17. The following acts, when performed by a
    validly licensed marijuana producer or employee of a validly licensed
    marijuana producer in compliance with rules adopted by the state
    liquor control board to implement and enforce this act, shall not
    constitute criminal or civil offenses under Washington state law:
    (1) Production or possession of quantities of marijuana that do
    not exceed the maximum amounts established by the state liquor control
    board under section 10(3) of this act; and
    (2) Delivery, distribution, and sale of marijuana to a marijuana
    processor or another marijuana producer validly licensed under this
    act.
    NEW SECTION. Sec. 18. (1) No licensed marijuana producer,
    processor, or retailer shall place or maintain, or cause to be placed
    or maintained, an advertisement of marijuana, useable marijuana, or a
    marijuana-infused product in any form or through any medium
    whatsoever:
    (a) Within one thousand feet of the perimeter of a school grounds,
    playground, recreation center or facility, child care center, public
    park, or library, or any game arcade admission to which is not
    restricted to persons aged twenty-one years or older;
    (b) On or in a public transit vehicle or public transit shelter;
    or
    (c) On or in a publicly owned or operated property.Code Rev/AI:crs 25 I-2465.1/11
    (2) Merchandising within a retail outlet is not advertising for
    the purposes of this section.
    (3) This section does not apply to a noncommercial message.
    (4) The state liquor control board shall fine a licensee one
    thousand dollars for each violation of subsection (1) of this section.
    Fines collected under this subsection must be deposited into the
    dedicated marijuana fund created under section 26 of this act.
    Sec. 19. RCW 69.50.401 and 2005 c 218 s 1 are each amended to
    read as follows:
    (1) Except as authorized by this chapter, it is unlawful for any
    person to manufacture, deliver, or possess with intent to manufacture
    or deliver, a controlled substance.
    (2) Any person who violates this section with respect to:
    (a) A controlled substance classified in Schedule I or II which is
    a narcotic drug or flunitrazepam, including its salts, isomers, and
    salts of isomers, classified in Schedule IV, is guilty of a class B
    felony and upon conviction may be imprisoned for not more than ten
    years, or (i) fined not more than twenty-five thousand dollars if the
    crime involved less than two kilograms of the drug, or both such
    imprisonment and fine; or (ii) if the crime involved two or more
    kilograms of the drug, then fined not more than one hundred thousand
    dollars for the first two kilograms and not more than fifty dollars
    for each gram in excess of two kilograms, or both such imprisonment
    and fine;
    (b) Amphetamine, including its salts, isomers, and salts of
    isomers, or methamphetamine, including its salts, isomers, and salts
    of isomers, is guilty of a class B felony and upon conviction may be
    imprisoned for not more than ten years, or (i) fined not more than
    twenty-five thousand dollars if the crime involved less than two
    kilograms of the drug, or both such imprisonment and fine; or (ii) if
    the crime involved two or more kilograms of the drug, then fined not
    more than one hundred thousand dollars for the first two kilograms and
    not more than fifty dollars for each gram in excess of two kilograms,
    or both such imprisonment and fine. Three thousand dollars of the Code Rev/AI:crs 26 I-2465.1/11
    fine may not be suspended. As collected, the first three thousand
    dollars of the fine must be deposited with the law enforcement agency
    having responsibility for cleanup of laboratories, sites, or
    substances used in the manufacture of the methamphetamine, including
    its salts, isomers, and salts of isomers. 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
    9A.20 RCW;
    (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 9A.20 RCW; or
    (e) A substance classified in Schedule V, is guilty of a class C
    felony punishable according to chapter 9A.20 RCW.
    (3) The production, manufacture, processing, packaging, delivery,
    distribution, sale, or possession of marijuana in compliance with the
    terms set forth in section 15, 16, or 17 of this act shall not
    constitute a violation of this section, this chapter, or any other
    provision of Washington state law.
    Sec. 20. RCW 69.50.4013 and 2003 c 53 s 334 are each amended to
    read as follows:
    (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.
    (2) Except as provided in RCW 69.50.4014, any person who violates
    this section is guilty of a class C felony punishable under chapter
    9A.20 RCW.
    (3) The possession, by a person twenty-one years of age or older, of
    useable marijuana or marijuana-infused products in amounts that do not
    exceed those set forth in section 15(3) of this act is not a violation
    of this section, this chapter, or any other provision of Washington
    state law.Code Rev/AI:crs 27 I-2465.1/11
    NEW SECTION. Sec. 21. It is unlawful to open a package
    containing marijuana, useable marijuana, or a marijuana-infused
    product, or consume marijuana, useable marijuana, or a marijuanainfused product, in view of the general public. A person who violates
    this section is guilty of a class 3 civil infraction under chapter
    7.80 RCW.
    Sec. 22. RCW 69.50.412 and 2002 c 213 s 1 are each amended to
    read as follows:
    (1) It is unlawful for any person to use drug paraphernalia to
    plant, propagate, cultivate, grow, harvest, manufacture, compound,
    convert, produce, process, prepare, test, analyze, pack, repack,
    store, contain, conceal, inject, ingest, inhale, or otherwise
    introduce into the human body a controlled substance other than
    marijuana. Any person who violates this subsection is guilty of a
    misdemeanor.
    (2) It is unlawful for any person to deliver, possess with intent
    to deliver, or manufacture with intent to deliver drug paraphernalia,
    knowing, or under circumstances where one reasonably should know, that
    it will be used to plant, propagate, cultivate, grow, harvest,
    manufacture, compound, convert, produce, process, prepare, test,
    analyze, pack, repack, store, contain, conceal, inject, ingest,
    inhale, or otherwise introduce into the human body a controlled
    substance other than marijuana. Any person who violates this
    subsection is guilty of a misdemeanor.
    (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
    junior is guilty of a gross misdemeanor.
    (4) It is unlawful for any person to place in any newspaper,
    magazine, handbill, or other publication any advertisement, knowing,
    or under circumstances where one reasonably should know, that the
    purpose of the advertisement, in whole or in part, is to promote the
    sale of objects designed or intended for use as drug paraphernalia.
    Any person who violates this subsection is guilty of a misdemeanor.Code Rev/AI:crs 28 I-2465.1/11
    (5) It is lawful for any person over the age of eighteen to
    possess sterile hypodermic syringes and needles for the purpose of
    reducing bloodborne diseases.
    Sec. 23. RCW 69.50.4121 and 2002 c 213 s 2 are each amended to
    read as follows:
    (1) 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 under chapter 7.80 RCW. For purposes of this
    subsection, “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 other than
    marijuana. Drug paraphernalia includes, but is not limited to 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:
    (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic
    pipes with or without screens, permanent screens, hashish heads, or
    punctured metal bowls;
    (b) Water pipes;
    (c) Carburetion tubes and devices;
    (d) Smoking and carburetion masks;
    (e) ((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;
    (f))) Miniature cocaine spoons and cocaine vials;
    (((g))) (f) Chamber pipes;
    (((h))) (g) Carburetor pipes;
    (((i))) (h) Electric pipes;
    (((j))) (i) Air-driven pipes;Code Rev/AI:crs 29 I-2465.1/11
    (((k) Chillums;
    (l) Bongs;)) and
    (((m))) (j) Ice pipes or chillers.
    (2) It shall be no defense to a prosecution for a violation of
    this section that the person acted, or was believed by the defendant
    to act, as agent or representative of another.
    (3) Nothing in subsection (1) of this section prohibits legal
    distribution of injection syringe equipment through public health and
    community based HIV prevention programs, and pharmacies.
    Sec. 24. RCW 69.50.500 and 1989 1st ex.s. c 9 s 437 are each
    amended to read as follows:
    (a) It is hereby made the duty of the state board of pharmacy, the
    department, the state liquor control board, and their officers,
    agents, inspectors and representatives, and all law enforcement
    officers within the state, and of all prosecuting attorneys, to
    enforce all provisions of this chapter, except those specifically
    delegated, and to cooperate with all agencies charged with the
    enforcement of the laws of the United States, of this state, and all
    other states, relating to controlled substances as defined in this
    chapter.
    (b) Employees of the department of health, who are so designated
    by the board as enforcement officers are declared to be peace officers
    and shall be vested with police powers to enforce the drug laws of
    this state, including this chapter.
    Sec. 25. RCW 69.50.505 and 2009 c 479 s 46 and 2009 c 364 s 1 are
    each reenacted and amended to read as follows:
    (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 69.41 or 69.52 RCW, and all hazardous chemicals, as
    defined in RCW 64.44.010, used or intended to be used in the
    manufacture of controlled substances;Code Rev/AI:crs 30 I-2465.1/11
    (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 69.41 or 69.52 RCW;
    (c) All property which is used, or intended for use, as a
    container for property described in (a) or (b) of this subsection;
    (d) All conveyances, including aircraft, vehicles, or vessels,
    which are used, or intended for use, in any manner to facilitate the
    sale, delivery, or receipt of property described in (a) or (b) of this
    subsection, except that:
    (i) No conveyance used by any person as a common carrier in the
    transaction of business as a common carrier is subject to forfeiture
    under this section unless it appears that the owner or other person in
    charge of the conveyance is a consenting party or privy to a violation
    of this chapter or chapter 69.41 or 69.52 RCW;
    (ii) No conveyance is subject to forfeiture under this section by
    reason of any act or omission established by the owner thereof to have
    been committed or omitted without the owner’s knowledge or consent;
    (iii) No conveyance is subject to forfeiture under this section if
    used in the receipt of only an amount of marijuana for which
    possession constitutes a misdemeanor under RCW 69.50.4014;
    (iv) A forfeiture of a conveyance encumbered by a bona fide
    security interest is subject to the interest of the secured party if
    the secured party neither had knowledge of nor consented to the act or
    omission; and
    (v) When the owner of a conveyance has been arrested under this
    chapter or chapter 69.41 or 69.52 RCW the conveyance in which the
    person is arrested may not be subject to forfeiture unless it is
    seized or process is issued for its seizure within ten days of the
    owner’s arrest;
    (e) All books, records, and research products and materials,
    including formulas, microfilm, tapes, and data which are used, or
    intended for use, in violation of this chapter or chapter 69.41 or
    69.52 RCW;Code Rev/AI:crs 31 I-2465.1/11
    (f) All drug paraphernalia21 other than paraphernalia possessed,
    sold, or used solely to facilitate marijuana-related activities that
    are not violations of this chapter;
    (g) All moneys, negotiable instruments, securities, or other
    tangible or intangible property of value furnished or intended to be
    furnished by any person in exchange for a controlled substance in
    violation of this chapter or chapter 69.41 or 69.52 RCW, all tangible
    or intangible personal property, proceeds, or assets acquired in whole
    or in part with proceeds traceable to an exchange or series of
    exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW,
    and all moneys, negotiable instruments, and securities used or
    intended to be used to facilitate any violation of this chapter or
    chapter 69.41 or 69.52 RCW. A forfeiture of money, negotiable
    instruments, securities, or other tangible or intangible property
    encumbered by a bona fide security interest is subject to the interest
    of the secured party if, at the time the security interest was
    created, the secured party neither had knowledge of nor consented to
    the act or omission. No personal property may be forfeited under this
    subsection (1)(g), to the extent of the interest of an owner, by
    reason of any act or omission which that owner establishes was
    committed or omitted without the owner’s knowledge or consent; and
    (h) All real property, including any right, title, and interest in
    the whole of any lot or tract of land, and any appurtenances or
    improvements which are being used with the knowledge of the owner for
    the manufacturing, compounding, processing, delivery, importing, or
    exporting of any controlled substance, or which have been acquired in
    whole or in part with proceeds traceable to an exchange or series of
    exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW,
    if such activity is not less than a class C felony and a substantial
    nexus exists between the commercial production or sale of the
    controlled substance and the real property. However:
    (i) No property may be forfeited pursuant to this subsection
    (1)(h), to the extent of the interest of an owner, by reason of any
    act or omission committed or omitted without the owner’s knowledge or
    consent;Code Rev/AI:crs 32 I-2465.1/11
    (ii) The bona fide gift of a controlled substance, legend drug, or
    imitation controlled substance shall not result in the forfeiture of
    real property;
    (iii) The possession of marijuana shall not result in the
    forfeiture of real property unless the marijuana is possessed for
    commercial purposes that are unlawful under Washington state law, the
    amount possessed is five or more plants or one pound or more of
    marijuana, and a substantial nexus exists between the possession of
    marijuana and the real property. 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
    marijuana 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 marijuana, 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 marijuana 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 marijuana 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
    (v) A forfeiture of real property encumbered by a bona fide
    security interest is subject to the interest of the secured party if
    the secured party, at the time the security interest was created,
    neither had knowledge of nor consented to the act or omission.
    (2) Real or personal property subject to forfeiture under this
    chapter may be seized by any board inspector or law enforcement
    officer of this state upon process issued by any superior court having
    jurisdiction over the property. Seizure of real property shall
    include the filing of a lis pendens by the seizing agency. Real
    property seized under this section shall not be transferred or
    otherwise conveyed until ninety days after seizure or until a judgment
    of forfeiture is entered, whichever is later: PROVIDED, That real
    property seized under this section may be transferred or conveyed to Code Rev/AI:crs 33 I-2465.1/11
    any person or entity who acquires title by foreclosure or deed in lieu
    of foreclosure of a security interest. Seizure of personal property
    without process may be made if:
    (a) The seizure is incident to an arrest or a search under a
    search warrant or an inspection under an administrative inspection
    warrant;
    (b) The property subject to seizure has been the subject of a
    prior judgment in favor of the state in a criminal injunction or
    forfeiture proceeding based upon this chapter;
    (c) A board inspector or law enforcement officer has probable
    cause to believe that the property is directly or indirectly dangerous
    to health or safety; or
    (d) The board inspector or law enforcement officer has probable
    cause to believe that the property was used or is intended to be used
    in violation of this chapter.
    (3) In the event of seizure pursuant to subsection (2) of this
    section, proceedings for forfeiture shall be deemed commenced by the
    seizure. The law enforcement agency under whose authority the seizure
    was made shall cause notice to be served within fifteen days following
    the seizure on the owner of the property seized and the person in
    charge thereof and any person having any known right or interest
    therein, including any community property interest, of the seizure and
    intended forfeiture of the seized property. Service of notice of
    seizure of real property shall be made according to the rules of civil
    procedure. 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. 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. The notice of Code Rev/AI:crs 34 I-2465.1/11
    seizure in other cases may be served by any method authorized by law
    or court rule including but not limited to service by certified mail
    with return receipt requested. Service by mail shall be deemed
    complete upon mailing within the fifteen day period following the
    seizure.
    (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. The
    community property interest in real property of a person whose spouse
    or domestic partner committed a violation giving rise to seizure of
    the real property may not be forfeited if the person did not
    participate in the violation.
    (5) If any 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)(b), (c), (d), (e), (f), (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 person or persons shall be afforded a
    reasonable opportunity to be heard as to the claim or right. 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.
    Service by mail shall be deemed complete upon mailing within the
    forty-five day period following service of the notice of seizure in
    the case of personal property and within the ninety-day period
    following service of the notice of seizure in the case of real
    property. 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 34.12.020(4), the hearing shall be before the chief law
    enforcement officer of the seizing agency or an administrative law
    judge appointed under chapter 34.12 RCW, except that any person
    asserting a claim or right may remove the matter to a court of Code Rev/AI:crs 35 I-2465.1/11
    competent jurisdiction. Removal of any matter involving personal
    property may only be accomplished according to the rules of civil
    procedure. The person seeking removal of the matter must serve
    process against the state, county, political subdivision, or
    municipality that operates the seizing agency, and any other party of
    interest, in accordance with RCW 4.28.080 or 4.92.020, within fortyfive days after the person seeking removal has notified the seizing
    law enforcement agency of the person’s claim of ownership or right to
    possession. The court to which the matter is to be removed shall be
    the district court when the aggregate value of personal property is
    within the jurisdictional limit set forth in RCW 3.66.020. A hearing
    before the seizing agency and any appeal therefrom shall be under
    Title 34 RCW. In all cases, the burden of proof is upon the law
    enforcement agency to establish, by a preponderance of the evidence,
    that the property is subject to forfeiture.
    The seizing law enforcement agency shall promptly return the
    article or articles to the claimant upon a determination by the
    administrative law judge or court that the claimant is the present
    lawful owner or is lawfully entitled to possession thereof of items
    specified in subsection (1)(b), (c), (d), (e), (f), (g), or (h) of
    this section.
    (6) In any proceeding to forfeit property under this title, where
    the claimant substantially prevails, the claimant is entitled to
    reasonable attorneys’ fees reasonably incurred by the claimant. In
    addition, in a court hearing between two or more claimants to the
    article or articles involved, the prevailing party is entitled to a
    judgment for costs and reasonable attorneys’ fees.
    (7) When property is forfeited under this chapter the board or
    seizing law enforcement agency may:
    (a) Retain it for official use or upon application by any law
    enforcement agency of this state release such property to such agency
    for the exclusive use of enforcing the provisions of this chapter;
    (b) Sell that which is not required to be destroyed by law and
    which is not harmful to the public;Code Rev/AI:crs 36 I-2465.1/11
    (c) Request the appropriate sheriff or director of public safety
    to take custody of the property and remove it for disposition in
    accordance with law; or
    (d) Forward it to the drug enforcement administration for
    disposition.
    (8)(a) When property is forfeited, the seizing agency shall keep a
    record indicating the identity of the prior owner, if known, a
    description of the property, the disposition of the property, the
    value of the property at the time of seizure, and the amount of
    proceeds realized from disposition of the property.
    (b) Each seizing agency shall retain records of forfeited property
    for at least seven years.
    (c) Each seizing agency shall file a report including a copy of
    the records of forfeited property with the state treasurer each
    calendar quarter.
    (d) The quarterly report need not include a record of forfeited
    property that is still being held for use as evidence during the
    investigation or prosecution of a case or during the appeal from a
    conviction.
    (9)(a) By January 31st of each year, each seizing agency shall
    remit to the state treasurer an amount equal to ten percent of the net
    proceeds of any property forfeited during the preceding calendar year.
    Money remitted shall be deposited in the state general fund.
    (b) The net proceeds of forfeited property is the value of the
    forfeitable interest in the property after deducting the cost of
    satisfying any bona fide security interest to which the property is
    subject at the time of seizure; and in the case of sold property,
    after deducting the cost of sale, including reasonable fees or
    commissions paid to independent selling agents, and the cost of any
    valid landlord’s claim for damages under subsection (15) of this
    section.
    (c) The value of sold forfeited property is the sale price. The
    value of retained forfeited property is the fair market value of the
    property at the time of seizure, determined when possible by reference
    to an applicable commonly used index, such as the index used by the Code Rev/AI:crs 37 I-2465.1/11
    department of licensing for valuation of motor vehicles. A seizing
    agency may use, but need not use, an independent qualified appraiser
    to determine the value of retained property. If an appraiser is used,
    the value of the property appraised is net of the cost of the
    appraisal. The value of destroyed property and retained firearms or
    illegal property is zero.
    (10) Forfeited property and net proceeds not required to be paid
    to the state treasurer shall be retained by the seizing law
    enforcement agency exclusively for the expansion and improvement of
    controlled substances related law enforcement activity. Money
    retained under this section may not be used to supplant preexisting
    funding sources.
    (11) Controlled substances listed in Schedule I, II, III, IV, and
    V that are possessed, transferred, sold, or offered for sale in
    violation of this chapter are contraband and shall be seized and
    summarily forfeited to the state. Controlled substances listed in
    Schedule I, II, III, IV, and V, which are seized or come into the
    possession of the board, the owners of which are unknown, are
    contraband and shall be summarily forfeited to the board.
    (12) Species of plants from which controlled substances in
    Schedules I and II may be derived which have been planted or
    cultivated in violation of this chapter, or of which the owners or
    cultivators are unknown, or which are wild growths, may be seized and
    summarily forfeited to the board.
    (13) The failure, upon demand by a board inspector or law
    enforcement officer, of the person in occupancy or in control of land
    or premises upon which the species of plants are growing or being
    stored to produce an appropriate registration or proof that he or she
    is the holder thereof constitutes authority for the seizure and
    forfeiture of the plants.
    (14) Upon the entry of an order of forfeiture of real property,
    the court shall forward a copy of the order to the assessor of the
    county in which the property is located. Orders for the forfeiture of
    real property shall be entered by the superior court, subject to court
    rules. Such an order shall be filed by the seizing agency in the Code Rev/AI:crs 38 I-2465.1/11
    county auditor’s records in the county in which the real property is
    located.
    (15)(a) A landlord may assert a claim against proceeds from the
    sale of assets seized and forfeited under subsection (7)(b) of this
    section, only if:
    (((a))) (i) A law enforcement officer, while acting in his or her
    official capacity, directly caused damage to the complaining
    landlord’s property while executing a search of a tenant’s residence;
    and
    (((b))) (ii) The landlord has applied any funds remaining in the
    tenant’s deposit, to which the landlord has a right under chapter
    59.18 RCW, to cover the damage directly caused by a law enforcement
    officer prior to asserting a claim under the provisions of this
    section;
    (((i))) (A) Only if the funds applied under (((b))) (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;
    (((ii))) (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. The seizing law enforcement agency must notify
    the landlord of the status of the claim by the end of the thirty-day
    period. Nothing in this section requires the claim to be paid by the
    end of the sixty-day or thirty-day period.
    (((c))) (b) For any claim filed under (((b))) (a)(ii) of this
    subsection, the law enforcement agency shall pay the claim unless the
    agency provides substantial proof that the landlord either:
    (i) Knew or consented to actions of the tenant in violation of
    this chapter or chapter 69.41 or 69.52 RCW; orCode Rev/AI:crs 39 I-2465.1/11
    (ii) Failed to respond to a notification of the illegal activity,
    provided by a law enforcement agency under RCW 59.18.075, within seven
    days of receipt of notification of the illegal activity.
    (16) The landlord’s claim for damages under subsection (15) of
    this section may not include a claim for loss of business and is
    limited to:
    (a) Damage to tangible property and clean-up costs;
    (b) The lesser of the cost of repair or fair market value of the
    damage directly caused by a law enforcement officer;
    (c) The proceeds from the sale of the specific tenant’s property
    seized and forfeited under subsection (7)(b) of this section; and
    (d) The proceeds available after the seizing law enforcement
    agency satisfies any bona fide security interest in the tenant’s
    property and costs related to sale of the tenant’s property as
    provided by subsection (9)(b) of 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. 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.
    PART IV
    DEDICATED MARIJUANA FUND
    NEW SECTION. Sec. 26. (1) There shall be a fund, known as the
    dedicated marijuana fund, which shall consist of all marijuana excise
    taxes, license fees, penalties, forfeitures, and all other moneys,
    income, or revenue received by the state liquor control board from
    marijuana-related activities. The state treasurer shall be custodian
    of the fund.
    (2) All moneys received by the state liquor control board or any
    employee thereof from marijuana-related activities shall be deposited
    each day in a depository approved by the state treasurer and Code Rev/AI:crs 40 I-2465.1/11
    transferred to the state treasurer to be credited to the dedicated
    marijuana fund.
    (3) Disbursements from the dedicated marijuana fund shall be on
    authorization of the state liquor control board or a duly authorized
    representative thereof.
    NEW SECTION. Sec. 27. (1) There is levied and collected a
    marijuana excise tax equal to twenty-five percent of the selling price
    on each wholesale sale in this state of marijuana by a licensed
    marijuana producer to a licensed marijuana processor or another
    licensed marijuana producer. This tax is the obligation of the
    licensed marijuana producer.
    (2) There is levied and collected a marijuana excise tax equal to
    twenty-five percent of the selling price on each wholesale sale in
    this state of useable marijuana or marijuana-infused product by a
    licensed marijuana processor to a licensed marijuana retailer. This
    tax is the obligation of the licensed marijuana processor.
    (3) There is levied and collected a marijuana excise tax equal to
    twenty-five percent of the selling price on each retail sale in this
    state of useable marijuana and marijuana-infused products. This tax
    is the obligation of the licensed marijuana retailer, is separate and
    in addition to general state and local sales and use taxes that apply
    to retail sales of tangible personal property, and is part of the
    total retail price to which general state and local sales and use
    taxes apply.
    (4) All revenues collected from the marijuana excise taxes imposed
    under subsections (1) through (3) of this section shall be deposited
    each day in a depository approved by the state treasurer and
    transferred to the state treasurer to be credited to the dedicated
    marijuana fund.
    (5) The state liquor control board shall regularly review the tax
    levels established under this section and make recommendations to the
    legislature as appropriate regarding adjustments that would further
    the goal of discouraging use while undercutting illegal market prices.Code Rev/AI:crs 41 I-2465.1/11
    NEW SECTION. Sec. 28. All marijuana excise taxes collected from
    sales of marijuana, useable marijuana, and marijuana-infused products
    under section 27 of this act, and the license fees, penalties, and
    forfeitures derived under this act from marijuana producer, marijuana
    processor, and marijuana retailer licenses shall every three months be
    disbursed by the state liquor control board as follows:
    (1) One hundred twenty-five thousand dollars to the department of
    social and health services to design and administer the Washington
    state healthy youth survey, analyze the collected data, and produce
    reports, in collaboration with the office of the superintendent of
    public instruction, department of health, department of commerce,
    family policy council, and state liquor control board. The survey
    shall be conducted at least every two years and include questions
    regarding, but not necessarily limited to, academic achievement, age
    at time of substance use initiation, antisocial behavior of friends,
    attitudes toward antisocial behavior, attitudes toward substance use,
    laws and community norms regarding antisocial behavior, family
    conflict, family management, parental attitudes toward substance use,
    peer rewarding of antisocial behavior, perceived risk of substance
    use, and rebelliousness. Funds disbursed under this subsection may be
    used to expand administration of the healthy youth survey to student
    populations attending institutions of higher education in Washington;
    (2) Fifty thousand dollars to the department of social and health
    services for the purpose of contracting with the Washington state
    institute for public policy to conduct the cost-benefit evaluation and
    produce the reports described in section 30 of this act. This
    appropriation shall end after production of the final report required
    by section 30 of this act;
    (3) Five thousand dollars to the University of Washington alcohol
    and drug abuse institute for the creation, maintenance, and timely
    updating of web-based public education materials providing medically
    and scientifically accurate information about the health and safety
    risks posed by marijuana use;Code Rev/AI:crs 42 I-2465.1/11
    (4) An amount not exceeding one million two hundred fifty thousand
    dollars to the state liquor control board as is necessary for
    administration of this act;
    (5) Of the funds remaining after the disbursements identified in
    subsections (1) through (4) of this section:
    (a) Fifteen percent to the department of social and health
    services division of behavioral health and recovery for implementation
    and maintenance of programs and practices aimed at the prevention or
    reduction of maladaptive substance use, substance-use disorder,
    substance abuse or substance dependence, as these terms are defined in
    the Diagnostic and Statistical Manual of Mental Disorders, among
    middle school and high school age students, whether as an explicit
    goal of a given program or practice or as a consistently corresponding
    effect of its implementation; PROVIDED, That:
    (i) Of the funds disbursed under (a) of this subsection, at least
    eighty-five percent must be directed to evidence-based and costbeneficial programs and practices that produce objectively measurable
    results; and
    (ii) Up to fifteen percent of the funds disbursed under (a) of
    this subsection may be directed to research-based and emerging best
    practices or promising practices.
    In deciding which programs and practices to fund, the secretary of
    the department of social and health services shall 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;
    (b) Ten percent to the department of health for the creation,
    implementation, operation, and management of a marijuana education and
    public health program that contains the following:
    (i) A marijuana use public health hotline that provides referrals
    to substance abuse treatment providers, utilizes evidence-based or
    research-based public health approaches to minimizing the harms
    associated with marijuana use, and does not solely advocate an
    abstinence-only approach;Code Rev/AI:crs 43 I-2465.1/11
    (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 marijuana use by youth; and
    (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 marijuana use;
    (c) Six-tenths of one percent to the University of Washington and
    four-tenths of one percent to Washington State University for research
    on the short and long-term effects of marijuana use, to include but
    not be limited to formal and informal methods for estimating and
    measuring intoxication and impairment, and for the dissemination of
    such research;
    (d) Fifty percent to the state basic health plan trust account to
    be administered by the Washington basic health plan administrator and
    used as provided under chapter 70.47 RCW;
    (e) Five percent to the Washington state health care authority to
    be expended exclusively through contracts with community health
    centers to provide primary health and dental care services, migrant
    health services, and maternity health care services as provided under
    RCW 41.05.220;
    (f) Three-tenths of one percent to the office of the
    superintendent of public instruction to fund grants to building
    bridges programs under chapter 28A.175 RCW; and
    (g) The remainder to the general fund.
    NEW SECTION. Sec. 29. The department of social and health
    services and the department of health shall, by December 1, 2013,
    adopt rules not inconsistent with the spirit of this act as are deemed
    necessary or advisable to carry into effect the provisions of section
    28 of this act.
    NEW SECTION. Sec. 30. (1) The Washington state institute for
    public policy shall conduct cost-benefit evaluations of the Code Rev/AI:crs 44 I-2465.1/11
    implementation of this act. A preliminary report, and recommendations
    to appropriate committees of the legislature, shall be made by
    September 1, 2015, and the first final report with recommendations by
    September 1, 2017. Subsequent reports shall be due September 1, 2022,
    and September 1, 2032.
    (2) The evaluation of the implementation of this act shall
    include, but not necessarily be limited to, consideration of the
    following factors:
    (a) Public health, to include but not be limited to:
    (i) Health costs associated with marijuana use;
    (ii) Health costs associated with criminal prohibition of
    marijuana, including lack of product safety or quality control
    regulations and the relegation of marijuana to the same illegal market
    as potentially more dangerous substances; and
    (iii) The impact of increased investment in the research,
    evaluation, education, prevention and intervention programs,
    practices, and campaigns identified in section 16 of this act on rates
    of marijuana-related maladaptive substance use and diagnosis of
    marijuana-related substance-use disorder, substance abuse, or
    substance dependence, as these terms are defined in the Diagnostic and
    Statistical Manual of Mental Disorders;
    (b) Public safety, to include but not be limited to:
    (i) Public safety issues relating to marijuana use; and
    (ii) Public safety issues relating to criminal prohibition of
    marijuana;
    (c) Youth and adult rates of the following:
    (i) Marijuana use;
    (ii) Maladaptive use of marijuana; and
    (iii) Diagnosis of marijuana-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:
    (i) Jobs creation;
    (ii) Workplace safety;Code Rev/AI:crs 45 I-2465.1/11
    (iii) Revenues; and
    (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
    marijuana; and
    (ii) Short and long-term consequences of involvement in the
    criminal justice system for persons accused of crimes relating to
    marijuana, their families, and their communities; and
    (f) State and local agency administrative costs and revenues.

    PART V
    DRIVING UNDER THE INFLUENCE OF MARIJUANA
    Sec. 31. RCW 46.20.308 and 2008 c 282 s 2 are each amended to
    read as follows:
    (1) Any person who operates a motor vehicle within this state is
    deemed to have given consent, subject to the provisions of RCW
    46.61.506, to a test or tests of his or her breath or blood for the
    purpose of determining the alcohol concentration, THC concentration,
    or presence of any drug in his or her breath or blood if arrested for
    any offense where, at the time of the arrest, the arresting officer
    has reasonable grounds to believe the person had been driving or was
    in actual physical control of a motor vehicle while under the
    influence of intoxicating liquor or any drug or was in violation of
    RCW 46.61.503. Neither consent nor this section precludes a police
    officer from obtaining a search warrant for a person’s breath or
    blood.
    (2) The test or tests of breath shall be administered at the
    direction of a law enforcement officer having reasonable grounds to
    believe the person to have been driving or in actual physical control
    of a motor vehicle within this state while under the influence of Code Rev/AI:crs 46 I-2465.1/11
    intoxicating liquor or any drug or the person to have been driving or
    in actual physical control of a motor vehicle while having alcohol or
    THC in a concentration in violation of RCW 46.61.503 in his or her
    system and being under the age of twenty-one. However, in those
    instances where the person is incapable due to physical injury,
    physical incapacity, or other physical limitation, of providing a
    breath sample or where the person is being treated in a hospital,
    clinic, doctor’s office, emergency medical vehicle, ambulance, or
    other similar facility or where the officer has reasonable grounds to
    believe that the person is under the influence of a drug, a blood test
    shall be administered by a qualified person as provided in RCW
    46.61.506(5). The officer shall inform the person of his or her right
    to refuse the breath or blood test, and of his or her right to have
    additional tests administered by any qualified person of his or her
    choosing as provided in RCW 46.61.506. The officer shall warn the
    driver, in substantially the following language, that:
    (a) If the driver refuses to take the test, the driver’s license,
    permit, or privilege to drive will be revoked or denied for at least
    one year; and
    (b) If the driver refuses to take the test, the driver’s refusal
    to take the test may be used in a criminal trial; and
    (c) If the driver submits to the test and the test is
    administered, the driver’s license, permit, or privilege to drive will
    be suspended, revoked, or denied for at least ninety days if:
    (i) The driver is age twenty-one or over and the test indicates
    either that the alcohol concentration of the driver’s breath or blood
    is 0.08 or more((,)) or that the THC concentration of the driver’s
    blood is 5.00 or more; or ((if))
    (ii) The driver is under age twenty-one and the test indicates either
    that the alcohol concentration of the driver’s breath or blood is 0.02
    or more((,)) or that the THC concentration of the driver’s blood is
    above 0.00; or ((if))
    (iii) The driver is under age twenty-one and the driver is in
    violation of RCW 46.61.502 or 46.61.504; andCode Rev/AI:crs 47 I-2465.1/11
    (d) If the driver’s license, permit, or privilege to drive is
    suspended, revoked, or denied the driver may be eligible to
    immediately apply for an ignition interlock driver’s license.
    (3) Except as provided in this section, the test administered
    shall be of the breath only. If an individual is unconscious or is
    under arrest for the crime of vehicular homicide as provided in RCW
    46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an
    individual is under arrest for the crime of driving while under the
    influence of intoxicating liquor or drugs as provided in RCW
    46.61.502, which arrest results from an accident in which there has
    been serious bodily injury to another person, a breath or blood test
    may be administered without the consent of the individual so arrested.
    (4) Any person who is dead, unconscious, or who is otherwise in a
    condition rendering him or her incapable of refusal, shall be deemed
    not to have withdrawn the consent provided by subsection (1) of this
    section and the test or tests may be administered, subject to the
    provisions of RCW 46.61.506, and the person shall be deemed to have
    received the warnings required under subsection (2) of this section.
    (5) If, following his or her arrest and receipt of warnings under
    subsection (2) of this section, the person arrested refuses upon the
    request of a law enforcement officer to submit to a test or tests of
    his or her breath or blood, no test shall be given except as
    authorized under subsection (3) or (4) of this section.
    (6) If, after arrest and after the other applicable conditions and
    requirements of this section have been satisfied, a test or tests of
    the person’s blood or breath is administered and the test results
    indicate that the alcohol concentration of the person’s breath or
    blood is 0.08 or more, or the THC concentration of the person’s blood
    is 5.00 or more, if the person is age twenty-one or over, or that the
    alcohol concentration of the person’s breath or blood is 0.02 or more,
    or the THC concentration of the person’s blood is above 0.00, if the
    person is under the age of twenty-one, or the person refuses to submit
    to a test, the arresting officer or other law enforcement officer at
    whose direction any test has been given, or the department, where Code Rev/AI:crs 48 I-2465.1/11
    applicable, if the arrest results in a test of the person’s blood,
    shall:
    (a) Serve notice in writing on the person on behalf of the
    department of its intention to suspend, revoke, or deny the person’s
    license, permit, or privilege to drive as required by subsection (7)
    of this section;
    (b) Serve notice in writing on the person on behalf of the
    department of his or her right to a hearing, specifying the steps he
    or she must take to obtain a hearing as provided by subsection (8) of
    this section and that the person waives the right to a hearing if he
    or she receives an ignition interlock driver’s license;
    (c) Mark the person’s Washington state driver’s license or permit
    to drive, if any, in a manner authorized by the department;
    (d) Serve notice in writing that the marked license or permit, if
    any, is a temporary license that is valid for sixty days from the date
    of arrest or from the date notice has been given in the event notice
    is given by the department following a blood test, or until the
    suspension, revocation, or denial of the person’s license, permit, or
    privilege to drive is sustained at a hearing pursuant to subsection
    (8) of this section, whichever occurs first. No temporary license is
    valid to any greater degree than the license or permit that it
    replaces; and
    (e) Immediately notify the department of the arrest and transmit
    to the department within seventy-two hours, except as delayed as the
    result of a blood test, a sworn report or report under a declaration
    authorized by RCW 9A.72.085 that states:
    (i) That the officer had reasonable grounds to believe the
    arrested person had been driving or was in actual physical control of
    a motor vehicle within this state while under the influence of
    intoxicating liquor or drugs, or both, or was under the age of twentyone years and had been driving or was in actual physical control of a
    motor vehicle while having an alcohol or THC concentration in
    violation of RCW 46.61.503;
    (ii) That after receipt of the warnings required by subsection (2)
    of this section the person refused to submit to a test of his or her Code Rev/AI:crs 49 I-2465.1/11
    blood or breath, or a test was administered and the results indicated
    that the alcohol concentration of the person’s breath or blood was
    0.08 or more, or the THC concentration of the person’s blood was 5.00
    or more, if the person is age twenty-one or over, or that the alcohol
    concentration of the person’s breath or blood was 0.02 or more, or the
    THC concentration of the person’s blood was above 0.00, if the person
    is under the age of twenty-one; and
    (iii) Any other information that the director may require by rule.
    (7) The department of licensing, upon the receipt of a sworn
    report or report under a declaration authorized by RCW 9A.72.085 under
    subsection (6)(e) of this section, shall suspend, revoke, or deny the
    person’s license, permit, or privilege to drive or any nonresident
    operating privilege, as provided in RCW 46.20.3101, such suspension,
    revocation, or denial to be effective beginning sixty days from the
    date of arrest or from the date notice has been given in the event
    notice is given by the department following a blood test, or when
    sustained at a hearing pursuant to subsection (8) of this section,
    whichever occurs first.
    (8) A person receiving notification under subsection (6)(b) of
    this section may, within twenty days after the notice has been given,
    request in writing a formal hearing before the department. The person
    shall pay a fee of two hundred dollars as part of the request. If the
    request is mailed, it must be postmarked within twenty days after
    receipt of the notification. Upon timely receipt of such a request
    for a formal hearing, including receipt of the required two hundred
    dollar fee, the department shall afford the person an opportunity for
    a hearing. The department may waive the required two hundred dollar
    fee if the person is an indigent as defined in RCW 10.101.010. Except
    as otherwise provided in this section, the hearing is subject to and
    shall be scheduled and conducted in accordance with RCW 46.20.329 and
    46.20.332. The hearing shall be conducted in the county of the
    arrest, except that all or part of the hearing may, at the discretion
    of the department, be conducted by telephone or other electronic
    means. The hearing shall be held within sixty days following the
    arrest or following the date notice has been given in the event notice Code Rev/AI:crs 50 I-2465.1/11
    is given by the department following a blood test, unless otherwise
    agreed to by the department and the person, in which case the action
    by the department shall be stayed, and any valid temporary license
    marked under subsection (6)(c) of this section extended, if the person
    is otherwise eligible for licensing. For the purposes of this
    section, the scope of the hearing shall cover the issues of whether a
    law enforcement officer had reasonable grounds to believe the person
    had been driving or was in actual physical control of a motor vehicle
    within this state while under the influence of intoxicating liquor or
    any drug or had been driving or was in actual physical control of a
    motor vehicle within this state while having alcohol in his or her
    system in a concentration of 0.02 or more, or THC in his or her system
    in a concentration above 0.00, if the person was under the age of
    twenty-one, whether the person was placed under arrest, and (a)
    whether the person refused to submit to the test or tests upon request
    of the officer after having been informed that such refusal would
    result in the revocation of the person’s license, permit, or privilege
    to drive, or (b) if a test or tests were administered, whether the
    applicable requirements of this section were satisfied before the
    administration of the test or tests, whether the person submitted to
    the test or tests, or whether a test was administered without express
    consent as permitted under this section, and whether the test or tests
    indicated that the alcohol concentration of the person’s breath or
    blood was 0.08 or more, or the THC concentration of the person’s blood
    was 5.00 or more, if the person was age twenty-one or over at the time
    of the arrest, or that the alcohol concentration of the person’s
    breath or blood was 0.02 or more, or the THC concentration of the
    person’s blood was above 0.00, if the person was under the age of
    twenty-one at the time of the arrest. The sworn report or report
    under a declaration authorized by RCW 9A.72.085 submitted by a law
    enforcement officer is prima facie evidence that the officer had
    reasonable grounds to believe the person had been driving or was in
    actual physical control of a motor vehicle within this state while
    under the influence of intoxicating liquor or drugs, or both, or the
    person had been driving or was in actual physical control of a motor Code Rev/AI:crs 51 I-2465.1/11
    vehicle within this state while having alcohol in his or her system in
    a concentration of 0.02 or more, or THC in his or her system in a
    concentration above 0.00, and was under the age of twenty-one and that
    the officer complied with the requirements of this section.
    A hearing officer shall conduct the hearing, may issue subpoenas
    for the attendance of witnesses and the production of documents, and
    shall administer oaths to witnesses. The hearing officer shall not
    issue a subpoena for the attendance of a witness at the request of the
    person unless the request is accompanied by the fee required by RCW
    5.56.010 for a witness in district court. The sworn report or report
    under a declaration authorized by RCW 9A.72.085 of the law enforcement
    officer and any other evidence accompanying the report shall be
    admissible without further evidentiary foundation and the
    certifications authorized by the criminal rules for courts of limited
    jurisdiction shall be admissible without further evidentiary
    foundation. The person may be represented by counsel, may question
    witnesses, may present evidence, and may testify. The department
    shall order that the suspension, revocation, or denial either be
    rescinded or sustained.
    (9) If the suspension, revocation, or denial is sustained after
    such a hearing, the person whose license, privilege, or permit is
    suspended, revoked, or denied has the right to file a petition in the
    superior court of the county of arrest to review the final order of
    revocation by the department in the same manner as an appeal from a
    decision of a court of limited jurisdiction. Notice of appeal must be
    filed within thirty days after the date the final order is served or
    the right to appeal is waived. Notwithstanding RCW 46.20.334, RALJ
    1.1, or other statutes or rules referencing de novo review, the appeal
    shall be limited to a review of the record of the administrative
    hearing. The appellant must pay the costs associated with obtaining
    the record of the hearing before the hearing officer. The filing of
    the appeal does not stay the effective date of the suspension,
    revocation, or denial. A petition filed under this subsection must
    include the petitioner’s grounds for requesting review. Upon granting
    petitioner’s request for review, the court shall review the Code Rev/AI:crs 52 I-2465.1/11
    department’s final order of suspension, revocation, or denial as
    expeditiously as possible. The review must be limited to a
    determination of whether the department has committed any errors of
    law. The superior court shall accept those factual determinations
    supported by substantial evidence in the record: (a) That were
    expressly made by the department; or (b) that may reasonably be
    inferred from the final order of the department. The superior court
    may reverse, affirm, or modify the decision of the department or
    remand the case back to the department for further proceedings. The
    decision of the superior court must be in writing and filed in the
    clerk’s office with the other papers in the case. The court shall
    state the reasons for the decision. If judicial relief is sought for
    a stay or other temporary remedy from the department’s action, the
    court shall not grant such relief unless the court finds that the
    appellant is likely to prevail in the appeal and that without a stay
    the appellant will suffer irreparable injury. If the court stays the
    suspension, revocation, or denial it may impose conditions on such
    stay.
    (10)(a) If a person whose driver’s license, permit, or privilege
    to drive has been or will be suspended, revoked, or denied under
    subsection (7) of this section, other than as a result of a breath or
    blood test refusal, and who has not committed an offense for which he
    or she was granted a deferred prosecution under chapter 10.05 RCW,
    petitions a court for a deferred prosecution on criminal charges
    arising out of the arrest for which action has been or will be taken
    under subsection (7) of this section, or notifies the department of
    licensing of the intent to seek such a deferred prosecution, then the
    license suspension or revocation shall be stayed pending entry of the
    deferred prosecution. The stay shall not be longer than one hundred
    fifty days after the date charges are filed, or two years after the
    date of the arrest, whichever time period is shorter. If the court
    stays the suspension, revocation, or denial, it may impose conditions
    on such stay. If the person is otherwise eligible for licensing, the
    department shall issue a temporary license, or extend any valid
    temporary license marked under subsection (6) of this section, for the Code Rev/AI:crs 53 I-2465.1/11
    period of the stay. If a deferred prosecution treatment plan is not
    recommended in the report made under RCW 10.05.050, or if treatment is
    rejected by the court, or if the person declines to accept an offered
    treatment plan, or if the person violates any condition imposed by the
    court, then the court shall immediately direct the department to
    cancel the stay and any temporary marked license or extension of a
    temporary license issued under this subsection.
    (b) A suspension, revocation, or denial imposed under this
    section, other than as a result of a breath or blood test refusal,
    shall be stayed if the person is accepted for deferred prosecution as
    provided in chapter 10.05 RCW for the incident upon which the
    suspension, revocation, or denial is based. If the deferred
    prosecution is terminated, the stay shall be lifted and the
    suspension, revocation, or denial reinstated. If the deferred
    prosecution is completed, the stay shall be lifted and the suspension,
    revocation, or denial canceled.
    (c) The provisions of (b) of this subsection relating to a stay of
    a suspension, revocation, or denial and the cancellation of any
    suspension, revocation, or denial do not apply to the suspension,
    revocation, denial, or disqualification of a person’s commercial
    driver’s license or privilege to operate a commercial motor vehicle.
    (11) When it has been finally determined under the procedures of
    this section that a nonresident’s privilege to operate a motor vehicle
    in this state has been suspended, revoked, or denied, the department
    shall give information in writing of the action taken to the motor
    vehicle administrator of the state of the person’s residence and of
    any state in which he or she has a license.
    Sec. 32. RCW 46.20.3101 and 2004 c 95 s 4 and 2004 c 68 s 3 are
    each reenacted and amended to read as follows:
    Pursuant to RCW 46.20.308, the department shall suspend, revoke,
    or deny the arrested person’s license, permit, or privilege to drive
    as follows:
    (1) In the case of a person who has refused a test or tests:Code Rev/AI:crs 54 I-2465.1/11
    (a) For a first refusal within seven years, where there has not
    been a previous incident within seven years that resulted in
    administrative action under this section, revocation or denial for one
    year;
    (b) For a second or subsequent refusal within seven years, or for
    a first refusal where there has been one or more previous incidents
    within seven years that have resulted in administrative action under
    this section, revocation or denial for two years or until the person
    reaches age twenty-one, whichever is longer.
    (2) In the case of an incident where a person has submitted to or
    been administered a test or tests indicating that the alcohol
    concentration of the person’s breath or blood was 0.08 or more, or
    that the THC concentration of the person’s blood was 5.00 or more:
    (a) For a first incident within seven years, where there has not
    been a previous incident within seven years that resulted in
    administrative action under this section, suspension for ninety days;
    (b) For a second or subsequent incident within seven years,
    revocation or denial for two years.
    (3) In the case of an incident where a person under age twenty-one
    has submitted to or been administered a test or tests indicating that
    the alcohol concentration of the person’s breath or blood was 0.02 or
    more, or that the THC concentration of the person’s blood was above
    0.00:
    (a) For a first incident within seven years, suspension or denial
    for ninety days;
    (b) For a second or subsequent incident within seven years,
    revocation or denial for one year or until the person reaches age
    twenty-one, whichever is longer.
    (4) The department shall grant credit on a day-for-day basis for
    any portion of a suspension, revocation, or denial already served
    under this section for a suspension, revocation, or denial imposed
    under RCW 46.61.5055 arising out of the same incident.
    Sec. 33. RCW 46.61.502 and 2011 c 293 s 2 are each amended to
    read as follows:Code Rev/AI:crs 55 I-2465.1/11
    (1) A person is guilty of driving while under the influence of
    intoxicating liquor, marijuana, or any drug if the person drives a
    vehicle within this state:
    (a) And the person has, within two hours after driving, an alcohol
    concentration of 0.08 or higher as shown by analysis of the person’s
    breath or blood made under RCW 46.61.506; or
    (b) The person has, within two hours after driving, a THC
    concentration of 5.00 or higher as shown by analysis of the person’s
    blood made under RCW 46.61.506; or
    (c) While the person is under the influence of or affected by
    intoxicating liquor, marijuana, or any drug; or
    (((c))) (d) While the person is under the combined influence of or
    affected by intoxicating liquor, marijuana, and any drug.
    (2) The fact that a person charged with a violation of this
    section is or has been entitled to use a drug under the laws of this
    state shall not constitute a defense against a charge of violating
    this section.
    (3)(a) It is an affirmative defense to a violation of subsection
    (1)(a) of this section, which the defendant must prove by a
    preponderance of the evidence, that the defendant consumed a
    sufficient quantity of alcohol after the time of driving and before
    the administration of an analysis of the person’s breath or blood to
    cause the defendant’s alcohol concentration to be 0.08 or more within
    two hours after driving. The court shall not admit evidence of this
    defense unless the defendant notifies the prosecution prior to the
    omnibus or pretrial hearing in the case of the defendant’s intent to
    assert the affirmative defense.
    (b) It is an affirmative defense to a violation of subsection (1)(b)
    of this section, which the defendant must prove by a preponderance of
    the evidence, that the defendant consumed a sufficient quantity of
    marijuana after the time of driving and before the administration of
    an analysis of the person’s blood to cause the defendant’s THC
    concentration to be 5.00 or more within two hours after driving. The
    court shall not admit evidence of this defense unless the defendant Code Rev/AI:crs 56 I-2465.1/11
    notifies the prosecution prior to the omnibus or pretrial hearing in
    the case of the defendant’s intent to assert the affirmative defense.
    (4)(a) Analyses of blood or breath samples obtained more than two
    hours after the alleged driving may be used as evidence that within
    two hours of the alleged driving, a person had an alcohol
    concentration of 0.08 or more in violation of subsection (1)(a) of
    this section, and in any case in which the analysis shows an alcohol
    concentration above 0.00 may be used as evidence that a person was
    under the influence of or affected by intoxicating liquor or any drug
    in violation of subsection (1)(((b) or)) (c) or (d) of this section.
    (b) Analyses of blood samples obtained more than two hours after the
    alleged driving may be used as evidence that within two hours of the
    alleged driving, a person had a THC concentration of 5.00 or more in
    violation of subsection (1)(b) of this section, and in any case in
    which the analysis shows a THC concentration above 0.00 may be used as
    evidence that a person was under the influence of or affected by
    marijuana in violation of subsection (1)(c) or (d) of this section.
    (5) Except as provided in subsection (6) of this section, a
    violation of this section is a gross misdemeanor.
    (6) It is a class C felony punishable under chapter 9.94A RCW, or
    chapter 13.40 RCW if the person is a juvenile, if:
    (a) The person has four or more prior offenses within ten years as
    defined in RCW 46.61.5055; or
    (b) The person has ever previously been convicted of:
    (i) Vehicular homicide while under the influence of intoxicating
    liquor or any drug, RCW 46.61.520(1)(a);
    (ii) Vehicular assault while under the influence of intoxicating
    liquor or any drug, RCW 46.61.522(1)(b);
    (iii) An out-of-state offense comparable to the offense specified
    in (b)(i) or (ii) of this subsection; or
    (iv) A violation of this subsection (6) or RCW 46.61.504(6).
    Sec. 34. RCW 46.61.503 and 1998 c 213 s 4, 1998 c 207 s 5, and
    1998 c 41 s 8 are each reenacted and amended to read as follows:Code Rev/AI:crs 57 I-2465.1/11
    (1) Notwithstanding any other provision of this title, a person is
    guilty of driving or being in physical control of a motor vehicle
    after consuming alcohol or marijuana if the person operates or is in
    physical control of a motor vehicle within this state and the person:
    (a) Is under the age of twenty-one; and
    (b) Has, within two hours after operating or being in physical
    control of the motor vehicle, either:
    (i) An alcohol concentration of at least 0.02 but less than the
    concentration specified in RCW 46.61.502, as shown by analysis of the
    person’s breath or blood made under RCW 46.61.506; or
    (ii) A THC concentration above 0.00 but less than the
    concentration specified in RCW 46.61.502, as shown by analysis of the
    person’s blood made under RCW 46.61.506.
    (2) It is an affirmative defense to a violation of subsection (1)
    of this section, which the defendant must prove by a preponderance of
    the evidence, that the defendant consumed a sufficient quantity of
    alcohol or marijuana after the time of driving or being in physical
    control and before the administration of an analysis of the person’s
    breath or blood to cause the defendant’s alcohol or THC concentration
    to be in violation of subsection (1) of this section within two hours
    after driving or being in physical control. The court shall not admit
    evidence of this defense unless the defendant notifies the prosecution
    prior to the earlier of: (a) Seven days prior to trial; or (b) the
    omnibus or pretrial hearing in the case of the defendant’s intent to
    assert the affirmative defense.
    (3) Analyses of blood or breath samples obtained more than two
    hours after the alleged driving or being in physical control may be
    used as evidence that within two hours of the alleged driving or being
    in physical control, a person had an alcohol or THC concentration in
    violation of subsection (1) of this section.
    (4) A violation of this section is a misdemeanor.
    Sec. 35. RCW 46.61.504 and 2011 c 293 s 3 are each amended to
    read as follows:Code Rev/AI:crs 58 I-2465.1/11
    (1) A person is guilty of being in actual physical control of a
    motor vehicle while under the influence of intoxicating liquor or any
    drug if the person has actual physical control of a vehicle within
    this state:
    (a) And the person has, within two hours after being in actual
    physical control of the vehicle, an alcohol concentration of 0.08 or
    higher as shown by analysis of the person’s breath or blood made under
    RCW 46.61.506; or
    (b) The person has, within two hours after being in actual
    physical control of a vehicle, a THC concentration of 5.00 or higher
    as shown by analysis of the person’s blood made under RCW 46.61.506;
    or
    (c) While the person is under the influence of or affected by
    intoxicating liquor or any drug; or
    (((c))) (d) While the person is under the combined influence of or
    affected by intoxicating liquor and any drug.
    (2) The fact that a person charged with a violation of this
    section is or has been entitled to use a drug under the laws of this
    state does not constitute a defense against any charge of violating
    this section. No person may be convicted under this section if, prior
    to being pursued by a law enforcement officer, the person has moved
    the vehicle safely off the roadway.
    (3)(a) It is an affirmative defense to a violation of subsection
    (1)(a) of this section which the defendant must prove by a
    preponderance of the evidence that the defendant consumed a sufficient
    quantity of alcohol after the time of being in actual physical control
    of the vehicle and before the administration of an analysis of the
    person’s breath or blood to cause the defendant’s alcohol
    concentration to be 0.08 or more within two hours after being in such
    control. The court shall not admit evidence of this defense unless
    the defendant notifies the prosecution prior to the omnibus or
    pretrial hearing in the case of the defendant’s intent to assert the
    affirmative defense.
    (b) It is an affirmative defense to a violation of subsection (1)(b)
    of this section, which the defendant must prove by a preponderance of Code Rev/AI:crs 59 I-2465.1/11
    the evidence, that the defendant consumed a sufficient quantity of
    marijuana after the time of being in actual physical control of the
    vehicle and before the administration of an analysis of the person’s
    blood to cause the defendant’s THC concentration to be 5.00 or more
    within two hours after being in control of the vehicle. The court
    shall not admit evidence of this defense unless the defendant notifies
    the prosecution prior to the omnibus or pretrial hearing in the case
    of the defendant’s intent to assert the affirmative defense.
    (4)(a) Analyses of blood or breath samples obtained more than two
    hours after the alleged being in actual physical control of a vehicle
    may be used as evidence that within two hours of the alleged being in
    such control, a person had an alcohol concentration of 0.08 or more in
    violation of subsection (1)(a) of this section, and in any case in
    which the analysis shows an alcohol concentration above 0.00 may be
    used as evidence that a person was under the influence of or affected
    by intoxicating liquor or any drug in violation of subsection (1)(((b)
    or)) (c) or (d) of this section.
    (b) Analyses of blood samples obtained more than two hours after the
    alleged being in actual physical control of a vehicle may be used as
    evidence that within two hours of the alleged being in control of the
    vehicle, a person had a THC concentration of 5.00 or more in violation
    of subsection (1)(b) of this section, and in any case in which the
    analysis shows a THC concentration above 0.00 may be used as evidence
    that a person was under the influence of or affected by marijuana in
    violation of subsection (1)(c) or (d) of this section.
    (5) Except as provided in subsection (6) of this section, a
    violation of this section is a gross misdemeanor.
    (6) It is a class C felony punishable under chapter 9.94A RCW, or
    chapter 13.40 RCW if the person is a juvenile, if:
    (a) The person has four or more prior offenses within ten years as
    defined in RCW 46.61.5055; or
    (b) The person has ever previously been convicted of:
    (i) Vehicular homicide while under the influence of intoxicating
    liquor or any drug, RCW 46.61.520(1)(a);Code Rev/AI:crs 60 I-2465.1/11
    (ii) Vehicular assault while under the influence of intoxicating
    liquor or any drug, RCW 46.61.522(1)(b);
    (iii) An out-of-state offense comparable to the offense specified
    in (b)(i) or (ii) of this subsection; or
    (iv) A violation of this subsection (6) or RCW 46.61.502(6).
    Sec. 36. RCW 46.61.50571 and 2000 c 52 s 1 are each amended to
    read as follows:
    (1) A defendant who is charged with an offense involving driving
    while under the influence as defined in RCW 46.61.502, driving under
    age twenty-one after consuming alcohol or marijuana as defined in RCW
    46.61.503, or being in physical control of a vehicle while under the
    influence as defined in RCW 46.61.504, shall be required to appear in
    person before a judicial officer within one judicial day after the
    arrest if the defendant is served with a citation or complaint at the
    time of the arrest. A court may by local court rule waive the
    requirement for appearance within one judicial day if it provides for
    the appearance at the earliest practicable day following arrest and
    establishes the method for identifying that day in the rule.
    (2) A defendant who is charged with an offense involving driving
    while under the influence as defined in RCW 46.61.502, driving under
    age twenty-one after consuming alcohol or marijuana as defined in RCW
    46.61.503, or being in physical control of a vehicle while under the
    influence as defined in RCW 46.61.504, and who is not served with a
    citation or complaint at the time of the incident, shall appear in
    court for arraignment in person as soon as practicable, but in no
    event later than fourteen days after the next day on which court is in
    session following the issuance of the citation or the filing of the
    complaint or information.
    (3) At the time of an appearance required by this section, the
    court shall determine the necessity of imposing conditions of pretrial
    release according to the procedures established by court rule for a
    preliminary appearance or an arraignment.
    (4) Appearances required by this section are mandatory and may not
    be waived.Code Rev/AI:crs 61 I-2465.1/11
    Sec. 37. RCW 46.61.506 and 2010 c 53 s 1 are each amended to read
    as follows:
    (1) Upon the trial of any civil or criminal action or proceeding
    arising out of acts alleged to have been committed by any person while
    driving or in actual physical control of a vehicle while under the
    influence of intoxicating liquor or any drug, if the person’s alcohol
    concentration is less than 0.08 or the person’s THC concentration is
    less than 5.00, it is evidence that may be considered with other
    competent evidence in determining whether the person was under the
    influence of intoxicating liquor or any drug.
    (2)(a) The breath analysis of the person’s alcohol concentration
    shall be based upon grams of alcohol per two hundred ten liters of
    breath.
    (b) The blood analysis of the person’s THC concentration shall be
    based upon nanograms per milliliter of whole blood.
    (c) The foregoing provisions of this section shall not be
    construed as limiting the introduction of any other competent evidence
    bearing upon the question whether the person was under the influence
    of intoxicating liquor or any drug.
    (3) Analysis of the person’s blood or breath to be considered
    valid under the provisions of this section or RCW 46.61.502 or
    46.61.504 shall have been performed according to methods approved by
    the state toxicologist and by an individual possessing a valid permit
    issued by the state toxicologist for this purpose. The state
    toxicologist is directed to approve satisfactory techniques or
    methods, to supervise the examination of individuals to ascertain
    their qualifications and competence to conduct such analyses, and to
    issue permits which shall be subject to termination or revocation at
    the discretion of the state toxicologist.
    (4)(a) A breath test performed by any instrument approved by the
    state toxicologist shall be admissible at trial or in an
    administrative proceeding if the prosecution or department produces
    prima facie evidence of the following:
    (i) The person who performed the test was authorized to perform
    such test by the state toxicologist;Code Rev/AI:crs 62 I-2465.1/11
    (ii) The person being tested did not vomit or have anything to
    eat, drink, or smoke for at least fifteen minutes prior to
    administration of the test;
    (iii) The person being tested did not have any foreign substances,
    not to include dental work, fixed or removable, in his or her mouth at
    the beginning of the fifteen-minute observation period;
    (iv) Prior to the start of the test, the temperature of any liquid
    simulator solution utilized as an external standard, as measured by a
    thermometer approved of by the state toxicologist was thirty-four
    degrees centigrade plus or minus 0.3 degrees centigrade;
    (v) The internal standard test resulted in the message “verified”;
    (vi) The two breath samples agree to within plus or minus ten
    percent of their mean to be determined by the method approved by the
    state toxicologist;
    (vii) The result of the test of the liquid simulator solution
    external standard or dry gas external standard result did lie between
    .072 to .088 inclusive; and
    (viii) All blank tests gave results of .000.
    (b) For purposes of this section, “prima facie evidence” is
    evidence of sufficient circumstances that would support a logical and
    reasonable inference of the facts sought to be proved. In assessing
    whether there is sufficient evidence of the foundational facts, the
    court or administrative tribunal is to assume the truth of the
    prosecution’s or department’s evidence and all reasonable inferences
    from it in a light most favorable to the prosecution or department.
    (c) Nothing in this section shall be deemed to prevent the subject
    of the test from challenging the reliability or accuracy of the test,
    the reliability or functioning of the instrument, or any maintenance
    procedures. Such challenges, however, shall not preclude the
    admissibility of the test once the prosecution or department has made
    a prima facie showing of the requirements contained in (a) of this
    subsection. Instead, such challenges may be considered by the trier
    of fact in determining what weight to give to the test result.
    (5) When a blood test is administered under the provisions of RCW
    46.20.308, the withdrawal of blood for the purpose of determining its Code Rev/AI:crs 63 I-2465.1/11
    alcoholic or drug content may be performed only by a physician, a
    registered nurse, a licensed practical nurse, a nursing assistant as
    defined in chapter 18.88A RCW, a physician assistant as defined in
    chapter 18.71A RCW, a first responder as defined in chapter 18.73 RCW,
    an emergency medical technician as defined in chapter 18.73 RCW, a
    health care assistant as defined in chapter 18.135 RCW, or any
    technician trained in withdrawing blood. This limitation shall not
    apply to the taking of breath specimens.
    (6) The person tested may have a physician, or a qualified
    technician, chemist, registered nurse, or other qualified person of
    his or her own choosing administer one or more tests in addition to
    any administered at the direction of a law enforcement officer. The
    test will be admissible if the person establishes the general
    acceptability of the testing technique or method. The failure or
    inability to obtain an additional test by a person shall not preclude
    the admission of evidence relating to the test or tests taken at the
    direction of a law enforcement officer.
    (7) Upon the request of the person who shall submit to a test or
    tests at the request of a law enforcement officer, full information
    concerning the test or tests shall be made available to him or her or
    his or her attorney.
    PART VI
    CONSTRUCTION
    NEW SECTION. Sec. 38. Sections 4 through 18 of this act are each
    added to chapter 69.50 RCW under the subchapter heading “article III -
    - regulation of manufacture, distribution, and dispensing of
    controlled substances.”
    NEW SECTION. Sec. 39. Section 21 of this act is added to chapter
    69.50 RCW under the subchapter heading “article IV — offenses and
    penalties.”Code Rev/AI:crs 64 I-2465.1/11
    NEW SECTION. Sec. 40. Sections 26 through 30 of this act are
    each added to chapter 69.50 RCW under the subchapter heading “article
    V — enforcement and administrative provisions.”
    NEW SECTION. Sec. 41. The code reviser shall prepare a bill for
    introduction at the next legislative session that corrects references
    to the sections affected by this act.

    About

    Steve maintains Marijuana Monitor from Oakland, California. Having grown up in the East Bay and studied at UCLA, he's had ample exposure to contemporary marijuana culture and the policy debate surrounding the issue. He believes that now, more than ever, is the time for clear-headed discussion about pragmatics.

    One Response to Text of the bill: Washington Initiative 502

    1. temera Goodwin
      February 17, 2015 at 11:30 pm

      I need to speak to someone I have a few questions to ask. I have disabilities that are very painful. Please email me on who I need to talk to. ….thank you

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