Bill Summary – FastDemocracy

ENGROSSED SENATE BILL 5340
     State of Washington         68th Legislature       2023 Regular Session
     By Senator King
     Read first time 01/12/23.   Referred to Committee on Labor & Commerce.
     AN ACT Relating to limits on the sale and possession of retail
 cannabis products; and amending RCW 69.50.360 and 69.50.4013.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.   RCW 69.50.360 and 2022 c 16 s 72 are each amended to
 read as follows:
     The following acts, when performed by a validly licensed cannabis
 retailer or employee of a validly licensed retail outlet in
 compliance with rules adopted by the board to implement and enforce
 chapter 3, Laws of 2013, do not constitute criminal or civil offenses
 under Washington state law:
     (1) Purchase and receipt of cannabis concentrates, useable
 cannabis, or cannabis-infused products that have been properly
 packaged and labeled from a cannabis processor validly licensed under
 this chapter;
     (2) Possession of quantities of cannabis concentrates, useable
 cannabis, or cannabis-infused products that do not exceed the maximum
 amounts established by the board under RCW 69.50.345(5);
     (3) Delivery, distribution, and sale, on the premises of the
 retail outlet, of any combination of the following amounts of
 cannabis concentrates, useable cannabis, or cannabis-infused product
 to any person ((twenty-one)) 21 years of age or older:
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     (a) One ounce of useable cannabis;
     (b) Sixteen ounces of cannabis-infused product in solid form;
     (c) Seventy-two ounces of cannabis-infused product in liquid form
 unless the cannabis-infused product in liquid form is packaged in
 individual units containing no more than four milligrams of THC per
 unit; ((or))
     (d) Two hundred milligrams of THC within a cannabis-infused
 product in liquid form if the product is packaged in individual units
 containing no more than four milligrams of THC per unit; or
     (e) Seven grams of cannabis concentrate; and
     (4) Purchase and receipt of cannabis concentrates, useable
 cannabis, or cannabis-infused products that have been properly
 packaged and labeled from a federally recognized Indian tribe as
 permitted under an agreement between the state and the tribe entered
 into under RCW 43.06.490.
     Sec. 2. RCW 69.50.4013 and 2023 sp.s. c 1 s 2 are each amended
 to read as follows:
     (1) Except as otherwise authorized by this chapter, it is
 unlawful for any person to:
     (a) 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
     (b) Knowingly use a controlled substance in a public place,
 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.
     (2)(a) Except as provided in RCW 69.50.4014 or 69.50.445, a
 violation of subsection (1)(a) or (b) of this section is a gross
 misdemeanor punishable by imprisonment of up to 180 days in jail, or
 by a fine of not more than $1,000, or by both such imprisonment and
 fine, however, if the defendant has two or more prior convictions
 under subsection (1)(a) or (b) of this section occurring after July
 1, 2023, a violation of subsection (1)(a) or (b) of this section is
 punishable by imprisonment for up to 364 days, or by a fine of not
 more than $1,000, or by both such imprisonment and fine. The
 prosecutor is encouraged to divert such cases for assessment,
 treatment, or other services.
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     (b) No person may be charged under both subsection (1)(a) and (b)
 of this section relating to the same course of conduct.
     (c) In lieu of jail booking and referral to the prosecutor, law
 enforcement is encouraged to offer a referral to assessment and
 services available under RCW 10.31.110 or other program or entity
 responsible for receiving referrals in lieu of legal system
 involvement, which may include, but are not limited to, arrest and
 jail alternative programs established under RCW 36.28A.450, law
 enforcement assisted diversion programs established under RCW
 71.24.589, and the recovery navigator program established under RCW
 71.24.115.
     (3)(a) The possession, by a person 21 years of age or older, of
 useable cannabis, cannabis concentrates, or cannabis-infused products
 in amounts that do not exceed those set forth in RCW 69.50.360(3) is
 not a violation of this section, this chapter, or any other provision
 of Washington state law.
     (b) The possession of cannabis, useable cannabis, cannabis
 concentrates,   and   cannabis-infused   products   being   physically
 transported or delivered within the state, in amounts not exceeding
 those that may be established under RCW 69.50.385(3), by a licensed
 employee of a common carrier when performing the duties authorized in
 accordance with RCW 69.50.382 and 69.50.385, is not a violation of
 this section, this chapter, or any other provision of Washington
 state law.
     (4)(a) The delivery by a person 21 years of age or older to one
 or more persons 21 years of age or older, during a single 24 hour
 period, for noncommercial purposes and not conditioned upon or done
 in   connection  with   the   provision   or  receipt   of   financial
 consideration, of any of the following cannabis products, is not a
 violation of this section, this chapter, or any other provisions of
 Washington state law:
     (i) One-half ounce of useable cannabis;
     (ii) Eight ounces of cannabis-infused product in solid form;
     (iii) 36 ounces of cannabis-infused product in liquid form unless
 the cannabis-infused product in liquid form is packaged in individual
 units containing no more than four milligrams of THC per unit; ((or))
     (iv) 100 milligrams of THC within a cannabis-infused product in
 liquid form if the product is packaged in individual units containing
 no more than four milligrams of THC per unit; or
     (v) Three and one-half grams of cannabis concentrates.
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     (b) The act of delivering cannabis or a cannabis product as
 authorized under this subsection (4) 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
     (ii) The cannabis or cannabis product must be in the original
 packaging as purchased from the cannabis retailer.
     (5) No person under 21 years of age may manufacture, sell,
 distribute, or knowingly possess cannabis, cannabis-infused products,
 or cannabis concentrates, regardless of THC concentration. This does
 not include qualifying patients with a valid authorization.
     (6) The possession by a qualifying patient or designated provider
 of   cannabis   concentrates,   useable   cannabis,   cannabis-infused
 products, or plants in accordance with chapter 69.51A RCW is not a
 violation of this section, this chapter, or any other provision of
 Washington state law.
     (7) For the purposes of this section, "public place" has the same
 meaning as defined in RCW 66.04.010, but the exclusions in RCW
 66.04.011 do not apply.
     (8) For the purposes of this section, "use a controlled
 substance" means to introduce the substance into the human body by
 injection, inhalation, ingestion, or any other means.
                                  --- END ---
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Statutes affected: 
Original Bill: 69.50.360, 43.06.490
Engrossed Bill: 69.50.360, 43.06.490