(6) Any person, addicted to the use of controlled substances, who voluntarily applies to the department of social and health services for the purpose of participating in a rehabilitation program approved by the department for addicts of controlled substances shall be immune from prosecution for subsection (1) offenses unless a filing of an information or indictment against such person for a violation of subsection (1) of this section is made prior to his or her voluntary participation in the program of the department of social and health services. (6) The possession by a qualifying patient or designated provider of cannabis concentrates, useable cannabis, cannabis-infused products, or plants in accordance with chapter. (b) "For profit" means the obtaining of anything of value in exchange for a controlled substance. The tax collected as required by this section is deemed to be held in trust by the seller until paid to the board. (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. (3)(a) Any person convicted of a violation of subsection (1) of this section by selling heroin shall receive a mandatory sentence of two years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for such violation. (a) "Board" means the state liquor and cannabis board. 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. (1) No licensed cannabis producer, processor, researcher, or retailer may place or maintain, or cause to be placed or maintained, any sign or other advertisement for a cannabis business or cannabis product, including useable cannabis, cannabis concentrates, or cannabis-infused product, in any form or through any medium whatsoever 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. (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 commission. (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. (f) The department may inspect the establishment of a registrant or applicant for registration in accordance with rules adopted by the commission. (g) "Cannabis producer" means a person licensed by the board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers. All final determinations, findings, and conclusions of the commission under this chapter are final and conclusive decisions of the matters involved. The board is granted rule-making authority to regulate the text and images that are permissible on outdoor advertising. (v) Knowingly making a misrepresentation of fact to the board, an officer of the board, or an employee of the board related to conduct or an action that is, or alleged to be, any of the violations identified in (b)(i) through (iv) of this subsection (2); (c) May include cancellation of a license for cumulative violations only if a cannabis licensee commits at least four violations within a two-year period of time; (d) Must consider aggravating and mitigating circumstances and deviate from the prescribed penalties accordingly, and must authorize enforcement officers to do the same, provided that such penalty may not exceed the maximum escalating penalty prescribed by the board for that violation; and. Where the license has been suspended only, the board must return the license to the licensee at the expiration or termination of the period of suspension. (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. (n) Requirements for processors to submit under oath to the department of health a complete list of all constituent substances and the amount and sources thereof in each cannabis vapor product, including all additives, thickening agents, preservatives, compounds, and any other substance used in the production and processing of each cannabis vapor product. 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. (7) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof. (b) The commission may encourage research on misuse and abuse of controlled substances. 1. (d) A manufacturer or distributor registered under the federal Controlled Substances Act, 21 U.S.C. (c) The board can prove by a preponderance of the evidence: (v) Knowingly making a misrepresentation of fact to the board, an officer of the board, or an employee of the board related to conduct or an action that is, or is alleged to be, any of the violations identified in (c)(i) through (iv) of this subsection (1). The current offense was a major violation of the Uniform Controlled Substances . (l) "CBD concentration" has the meaning provided in RCW. (3) A cannabis licensee may not utilize transit advertisements for the purpose of advertising its business or product line. (b) All other responsible individuals are liable under this section only for trust fund tax liability that became due during the period he or she had the responsibility or duty to remit payment of the limited liability business entity's taxes to the board. (4) To fulfill the requirements of subsection (1) of this section, a practitioner may designate any individual who holds a credential issued by a disciplining authority under RCW, (5) Violation of this section constitutes unprofessional conduct under chapter, (a) Opioid prescriptions issued for the treatment of pain associated with terminal cancer or other terminal diseases, or for palliative, hospice, or other end-of-life care of where the practitioner determines the health, well-being, or care of the patient would be compromised by the requirements of this section and documents such basis for the determination in the patient's health care record; or. (3) Sections 203 and 1001 of this act take effect July 1, 2016. (b) For the purposes of this subsection, "church" means a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. 1443 (cannabis industry/equity) [chapter 169, Laws of 2021]; and. (b) The board may deny any application submitted under this subsection if the board determines that: (i) The application does not meet social equity goals or does not meet social equity plan requirements; or. (c) Opiates. What the State Prosecutor has to Prove to Convict a Defendant The state prosecutor has to prove beyond a reasonable doubt: The department of revenue must provide the data of exempt amounts to the board. B. (f) Hallucinogenic substances. (ii) The cannabis or cannabis product must be in the original packaging as purchased from the cannabis retailer. (c) "Board" means the Washington state liquor and cannabis board. (2)(a) This subsection is the tax preference performance statement for the retail sales and use tax exemption for marijuana [cannabis] purchased or obtained by qualifying patients or their designated providers provided in RCW, (b) The legislature categorizes the tax preference as one intended to accomplish the general purposes indicated in RCW. Each jurisdiction must receive a share of the revenue distribution under this subsection (3)(c)(i) based on the proportional share of the total revenues generated in the individual jurisdiction from the taxes collected under RCW. This does not include qualifying patients with a valid authorization. The controlled substances listed in this section may be added, rescheduled, or deleted as provided for in RCW, Commission may change schedules of controlled substances: RCW. (2) When authorized by an administrative inspection warrant issued pursuant to RCW. The term does not include buses operated by common carriers in the urban transportation of students such as transportation of students through a municipal transportation system; (c) "School bus route stop" means a school bus stop as designated by a school district; (d) "Public park" means land, including any facilities or improvements on the land, that is operated as a park by the state or a local government; (e) "Public transit vehicle" means any motor vehicle, streetcar, train, trolley vehicle, or any other device, vessel, or vehicle which is owned or operated by a transit authority and which is used for the purpose of carrying passengers on a regular schedule; (f) "Transit authority" means a city, county, or state transportation system, transportation authority, public transportation benefit area, public transit authority, or metropolitan municipal corporation within the state that operates public transit vehicles; (g) "Stop shelter" means a passenger shelter designated by a transit authority; (h) "Civic center" means a publicly owned or publicly operated place or facility used for recreational, educational, or cultural activities; (i) "Public housing project" means the same as "housing project" as defined in RCW. 811(h), unless within that thirty-day period, the commission or an interested party objects to inclusion, rescheduling, temporary scheduling, or deletion. The term does not include a prescription or refill authorization verbally transmitted by telephone nor a facsimile manually signed by the practitioner. (h) A valid prescription or lawful order of a practitioner, in order to be effective in legalizing the possession of controlled substances, must be issued in good faith for a legitimate medical purpose by one authorized to prescribe the use of such controlled substance. Limited liability business entities include corporations, limited liability companies, limited liability partnerships, trusts, general partnerships and joint ventures in which one or more of the partners or parties are also limited liability business entities, and limited partnerships in which one or more of the general partners are also limited liability business entities. (2) It is not a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place while in a school or school bus or within one thousand feet of the school or school bus route stop, in a public park, in a public housing project designated by a local governing authority as a drug-free zone, on a public transit vehicle, in a public transit stop shelter, at a civic center designated as a drug-free zone by the local governing authority, or within one thousand feet of the perimeter of a facility designated under subsection (1)(i) of this section, if the local governing authority specifically designates the one thousand foot perimeter. (2) On a second or subsequent conviction for violation of any of the laws listed in subsection (1) of this section, the adult offender must be fined two thousand dollars in addition to any other fine or penalty imposed. (3) To be issued an endorsement, a cannabis retailer must: (a) Not authorize the medical use of cannabis for qualifying patients at the retail outlet or permit health care professionals to authorize the medical use of cannabis for qualifying patients at the retail outlet; (b) Carry cannabis concentrates and cannabis-infused products identified by the department under subsection (4) of this section; (c) Not use labels or market cannabis concentrates, useable cannabis, or cannabis-infused products in a way that make them intentionally attractive to minors; (d) Demonstrate the ability to enter qualifying patients and designated providers in the medical cannabis authorization database established in RCW, (e) Keep copies of the qualifying patient's or designated provider's recognition card, or keep equivalent records as required by rule of the board or the department of revenue to document the validity of tax exempt sales; and. The survey must 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. (1) If the board approves, a license to produce, process, or sell cannabis 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. (b) After considering the factors enumerated in subsection (a) of this section, the commission shall make findings with respect thereto and adopt and cause to be published a rule controlling the substance upon finding the substance has a potential for abuse. Such items include but are not limited to: Lighters, postcards, pencils, matches, shirts, hats, visors, and other similar items. The parent or legal guardian of any minor to whom a controlled substance, as defined in RCW, This section shall not apply to a practitioner, as defined in RCW, (1) A person who unlawfully delivers a controlled substance in violation of RCW, (2) Controlled substances homicide is a class B felony punishable according to chapter. (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. 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. For the purpose of considering the qualifications of the surviving party to receive a cannabis producer's, cannabis processor's, or cannabis retailer's license, the board may require a criminal history record information check. Legislature Front; House of Representatives; Senate Medication disposal, no penalty for compliance. If you were convicted of drug possession on or before February 25, 2021, you can get those convictions cleared ("vacated") and removed from your criminal record. 152.0262 152.027 other controlled substance offenses. (rr) "Retail outlet" means a location licensed by the board for the retail sale of cannabis concentrates, useable cannabis, and cannabis-infused products.

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