rcw possession of controlled substance with intent to deliver
An order purporting to be a prescription not in the course of professional treatment is not a valid prescription or lawful order of a practitioner within the meaning and intent of this chapter; and the person who knows or should know that the person is filling such an order, as well as the person issuing it, can be charged with a violation of this chapter. (hh) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. If at any set during the tenancy the landlord fails to carry out the fees required by RCW 59.18.060 or through the mieten agreement, the tenant may, in accessory toward pursuit of remedies otherwise assuming him oder her to law, deliver writing notice to the person designated in *RCW 59.18.060(14), or to the person who collects the rent, who . (1) A person acting in good faith who seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW 69.50.4013, or penalized under RCW 69.50.4014, if the evidence for the charge of possession of a controlled substance was obtained as a result . (ii) "Responsible individual" also includes any current or former employee or other individual, but only if the individual had the responsibility or duty to remit payment of the limited liability business entity's unpaid trust fund tax liability. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule III: (a) Stimulants. (b) The act of delivering cannabis or a cannabis product as authorized under this subsection (5) must meet one of the following requirements: (i) The delivery must be done in a location outside of the view of general public and in a nonpublic place; or. According to RCW 69.50.401, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance. (5) 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. (1) Gamma-hydroxybutyric acid: Some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate; (e) Stimulants. The costs may include, but are not limited to, the costs incurred in undertaking the following accreditation functions: (i) Evaluating the protocols and procedures used by a laboratory; (iii) Evaluating participation and successful completion of proficiency testing; (iv) Determining the capability of a laboratory to produce accurate and reliable test results; and. (5) In establishing a cannabis research license, the board may adopt rules on the following: (b) Cannabis research license renewal requirements, including whether additional research projects may be added or considered; (d) Security measures to ensure cannabis is not diverted to purposes other than research; (e) Amount of plants, useable cannabis, cannabis concentrates, or cannabis-infused products a licensee may have on its premises; (g) Conditions under which cannabis grown by licensed cannabis producers and other product types from licensed cannabis processors may be donated to cannabis research licensees; and. (3)(a) Except as provided in this subsection (3)(a), a responsible individual who is the current or a former chief executive or chief financial officer is liable under this section only for trust fund tax liability accrued during the period that he or she was the chief executive or chief financial officer. (1) If a juvenile thirteen years of age or older and under the age of twenty-one is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment, unless the offense is the juvenile's first offense in violation of this chapter and has not committed an offense while armed with a firearm, an unlawful possession of a firearm offense, or an offense in violation of chapter, (2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile whose privilege to drive has been revoked pursuant to RCW, (3) If the conviction is for the juvenile's first violation of this chapter or chapter, (1) Every adult offender convicted of a felony violation of RCW. (2) Except for section 503 of this act, part V of this act takes effect October 1, 2015. (iv) 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. (1) It is unlawful for any person to knowingly possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule I: (a) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation: (1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide); (4) Alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM; (7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide); (1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine); (8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide); (12) Beta-hydroxy-3-methylfentanyl, some trade or other names: N-[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide; (34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylprop anamide); (35) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); (42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide); (43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine); (53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide); (b) Opium derivatives. (4) Except for the purposes of disposal as authorized by the board, no licensed cannabis retailer or employee of a retail outlet may open or consume, or allow to be opened or consumed, any cannabis concentrates, useable cannabis, or cannabis-infused product on the outlet premises. The annual fee for issuance and renewal of a cannabis retailer's license shall be one thousand three hundred eighty-one dollars. (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 cannabis for which possession constitutes a misdemeanor under RCW, (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, (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. During the visit, the board may not issue notices or citations and may not assess civil penalties. (6) No person under twenty-one years of age may possess, manufacture, sell, or distribute cannabis, cannabis-infused products, or cannabis concentrates, regardless of THC concentration. A "commercial mascot" means live human being, animal, or mechanical device used for attracting the attention of motorists and passersby so as to make them aware of cannabis products or the presence of a cannabis business. No person may possess or attempt to possess a controlled substance or a controlled substance analog unless the person obtains the substance or the analog directly from, or pursuant to a valid prescription or order of, a practitioner who is acting in the course of his or her professional practice, or unless the person is otherwise authorized by this chapter to . All applications for immunity under this section shall be sent to the department of social and health services in Olympia. (3) the abuse of the substance may lead to severe psychological or physical dependence. It is the intent of the legislature that this policy will be continued in the 2023-2025 fiscal biennium; (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, (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, (f)(i) Up to three-tenths of one percent to the office of the superintendent of public instruction to fund grants to building bridges programs under chapter, (ii) For each fiscal year, the legislature must appropriate a minimum of five hundred eleven thousand dollars to the office of the superintendent of public instruction under this subsection (2)(f); and, (g) At the end of each fiscal year, the treasurer must transfer any amounts in the dedicated ((, (A) Thirty percent must be distributed to counties, cities, and towns where licensed ((, (B) Seventy percent must be distributed to counties, cities, and towns ratably on a per capita basis. (b) A warning describing the psychoactive effects of the cannabis product, provided that the warning is truthful and not misleading. (c) Whether the amount of cannabis to be grown by the applicant is consistent with the project's scope and goals. (b) The commission may place a substance in Schedule I without making the findings required by subsection (a) of this section if the substance is controlled under Schedule I of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol. (Effective until July 1, 2023.) (n) "Commission" means the pharmacy quality assurance commission. The commission may adopt rules and the department may charge reasonable fees, relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state. The notice of 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. (a) All outdoor advertising signs, including billboards, are limited to text that identifies the retail outlet by the licensee's business or trade name, states the location of the business, and identifies the type or nature of the business. RCW 69.50.401 (1). The board may presume that an entity is insolvent if the entity refuses to disclose to the board the nature of its assets and liabilities. Characterizing flavors authorized under this section do not include any synthetic terpenes. RCW 46.61.5054(1 . The department may issue a limited registration to carry out the provisions of this section. If the investigation reveals the provision of branded promotional items has resulted in or is more likely than not to result in undue influence or has resulted or is more likely than not to result in an adverse impact on public health and safety or is otherwise inconsistent with (a) of this subsection the state liquor and cannabis board may issue an administrative violation notice to the producer, processor, or retailer. (v) "Distribute" means to deliver other than by administering or dispensing a controlled substance. (2) A violation of this section is a class C felony punishable according to chapter, (a) Who is subject to Article III to distribute or dispense a controlled substance in violation of RCW. It is a crime for any person to possess with intent to [manufacture] [or] [deliver] a controlled substance [except as authorized by law]. (b) No license of any kind may be issued to: (i) A person under the age of twenty-one years; (ii) A person doing business as a sole proprietor who has not lawfully resided in the state for at least six months prior to applying to receive a license; (iii) A partnership, employee cooperative, association, nonprofit corporation, or corporation unless formed under the laws of this state, and unless all of the members thereof are qualified to obtain a license as provided in this section; or. The fee schedule must be established in amounts to fully cover, but not exceed, the administrative and oversight costs. (e) Other substances. (8) any other factors relevant to and consistent with the public health and safety. Possession of between 1 ounce and less than 4 ounces by an offender who has had 4 or more previous drug convictions is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000. (d) Stimulants. This authority is granted in addition to any other power to suspend or revoke registration as provided by law. 152.024 controlled substance crime in the fifth degree. (c) The following persons need not register and may lawfully possess controlled substances under this chapter: (1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if the agent or employee is acting in the usual course of business or employment. Nothing in this section requires the claim to be paid by the end of the sixty-day or thirty-day period. In general, a controlled substance is usually some sort of drug that poses a serious risk or threat to a person's health . (e) This chapter applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following May 21, 1971. (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. You are entitled to have your conviction vacated and the case dismissed. (c) Opiates. 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. RCW 69.50.4011 and 2003 c 53 s 332 are each amended to 10 read as follows: 11 (1) Except as authorized by this chapter, it is unlawful for any 12 person to ((create,)): 13 (a) Create or deliver((, or possess)) a counterfeit substance; or 14 (b) Knowingly possess a counterfeit substance. Valuable formulae or financial or proprietary commercial information records received during a consultative visit or while providing consultative services in accordance with this section are not subject to inspection pursuant to chapter. (2) Any agreements entered into by a licensed cannabis business, as authorized under this section, must be disclosed to the board and may include: (a) A royalty fee or flat rate calculated based on sales of each product that includes the intellectual property or was manufactured or sold using the licensed intellectual property or service, provided that the royalty fee is no greater than an amount equivalent to ten percent of the licensed cannabis business's gross sales derived from the sale of such product; (b) A flat rate or lump sum calculated based on time or milestones; (c) Terms giving either party exclusivity or qualified exclusivity as it relates to use of the intellectual property; (d) Quality control standards as necessary to protect the integrity of the intellectual property; (e) Enforcement obligations to be undertaken by the licensed cannabis business; (f) Covenants to use the licensed intellectual property; and. (5) An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing. (d) A manufacturer or distributor registered under the federal Controlled Substances Act, 21 U.S.C. (i) On signs and placards in arenas, stadiums, shopping malls, fairs that receive state allocations, farmers markets, and video game arcades, whether any of the foregoing are open air or enclosed, but not including any such sign or placard located in an adult only facility; and. 1. (3) In addition to any other civil or criminal penalty, every person who violates or causes another to violate RCW. (1) It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, or prepare a controlled substance other than cannabis. (1) A controlled substance or counterfeit substance classified in Schedule I or II which is a narcotic drug, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding two hundred fifty thousand dollars ($250,000), or both or such larger amount as is sufficient Medical treatment includes dispensing or administering a narcotic drug for pain, including intractable pain. The term "cannabis-infused products" does not include either useable cannabis or cannabis concentrates. In connection with these programs it may: (1) promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations; (2) assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances; (3) consult with interested groups and organizations to aid them in solving administrative and organizational problems; (4) evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances; (5) disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and. HTML PDF. This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense. parts 1300, 1304, 1306, and 1311; (b) Meet the national council for prescription drug prescriber/pharmacist interface SCRIPT standard as determined by the department in rule; (c) Have adequate security and systems safeguards designed to prevent and detect unauthorized access, modification, or manipulation of these records; (d) Provide an explicit opportunity for practitioners to indicate their preference on whether a therapeutically equivalent generic drug may be substituted; and, (e) Include the capability to input and track partial fills of a controlled substance prescription in accordance with RCW, (2) Section 16 of this act takes effect January 1, 2021." Legislature Front; House of Representatives; Senate (uu) "THC concentration" means percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant. (Vegetable origin or chemical synthesis.) The term does not include devices or their components, parts, or accessories. (b) The commission may place a substance in Schedule II without making the findings required by subsection (a) of this section if the substance is controlled under Schedule II of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol.
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