Bill Summary – FastDemocracy

H-3013.1
                           SUBSTITUTE HOUSE BILL 2194
     State of Washington         68th Legislature       2024 Regular Session
     By House Regulated Substances & Gaming (originally sponsored by
     Representatives Kloba, Wylie, Doglio, Goodman, Macri, Berry, Reed,
     Ormsby, Peterson, Fitzgibbon, Simmons, Fosse, and Waters)
     READ FIRST TIME 01/31/24.
     AN ACT Relating to legalizing the home cultivation of cannabis by
 persons who are 21 years of age and older; amending RCW 69.50.4013
 and 69.50.401; reenacting and amending RCW 69.50.505 and 69.50.101;
 and prescribing penalties.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.   RCW 69.50.4013 and 2023 1st 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, or
 subsection (7) of this section, 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
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 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.
     (b) No person may be charged under both subsection (1)(a) and (b)
 of this section, or both subsections (1)(a) and (7) 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), in
 addition to plants and the cannabis and cannabis products derived
 from those plants as authorized under subsection (7) of this section,
 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
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 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; or
     (iv) Three and one-half grams of cannabis concentrates.
     (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)(a) The production and possession by a person 21 years of age
 or older of no more than four plants and the cannabis and cannabis
 products derived from those plants, on the premises of the housing
 unit occupied by the person, is not a violation of this section, this
 chapter, or any other provision of Washington state law. No more than
 10 plants may be produced at any one time on the premises of a single
 housing unit, regardless of the number of residents living on the
 premises of the housing unit.
     (b) For purposes of this subsection, "housing unit" has the
 meaning provided in RCW 69.51A.010.
     (c) Except as authorized in RCW 69.50.325 or chapter 69.51A RCW:
     (i) It is a class 1 civil infraction punishable under chapter
 7.80 RCW for a person to produce and knowingly possess more than four
 plants but fewer than 11 plants; and
     (ii) It is a class C felony punishable under RCW 69.50.401(2)(c)
 for a person to produce and knowingly possess 11 or more plants.
     (d) An investigating law enforcement officer or agency may seize
 and summarily destroy any plants produced or possessed by a person in
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  excess of the four plants authorized under this subsection (7), if
  the person is not authorized to produce and possess the additional
  plants under RCW 69.50.325 or chapter 69.51A RCW.
      (8) For the purposes of this section((, "public)):
      (a) "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)) (b) "Use a
  controlled substance" means to introduce the substance into the human
  body by injection, inhalation, ingestion, or any other means.
     Sec. 2.   RCW 69.50.401 and 2022 c 16 s 84 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 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,
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 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, except as provided in RCW 69.50.475 or 69.50.4013(7);
     (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 cannabis in compliance with the
 terms set forth in RCW 69.50.360, 69.50.363, or 69.50.366 shall not
 constitute a violation of this section, this chapter, or any other
 provision of Washington state law.
     (4) The fines in this section apply to adult offenders only.
     Sec. 3. RCW 69.50.505 and 2022 c 162 s 1 and 2022 c 16 s 98 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;
     (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
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 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 cannabis 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)) 10 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;
     (f) All drug paraphernalia other than paraphernalia possessed,
 sold, or used solely to facilitate cannabis-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
                                     p. 6                         SHB 2194
 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;
     (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 acquisition, delivery, production, or possession of
 cannabis, useable cannabis, cannabis concentrates, or cannabis-
 infused products including in the manner and in the amount provided
 in RCW 69.50.4013(7), shall not result in the forfeiture of real
 property unless the cannabis is possessed for commercial purposes
 that are unlawful under Washington state law, the amount possessed is
 ((five)) 11 or more plants or, except as authorized in RCW
 69.50.4013(7), one pound or more of cannabis, and a substantial nexus
 exists between the possession of cannabis 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 cannabis possessed by the offender,
 the sophistication of the activity or equipment used by the offender,
 whether the offender was licensed to produce, process, or sell
 cannabis, or was an employee of a licensed producer, processor, or
 retailer, and other evidence which demonstrates the offender's intent
 to engage in unlawful commercial activity;
     (iv) The unlawful sale of cannabis or a legend drug shall not
 result in the forfeiture of real property unless the sale was
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 ((forty)) 40 grams or more in the case of cannabis or ((one hundred
 dollars)) $100 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 int