Home cultivation of cannabis

AN ACT Relating to legalizing the home cultivation of cannabis by 1
persons who are 21 years of age and older; amending RCW 69.50.4013, 2
69.50.401, and 69.50.101; reenacting and amending RCW 69.50.505; and 3
prescribing penalties. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 69.50.4013 and 2024 c 9 s 2 are each amended to read 6
as follows: 7
(1) Except as otherwise authorized by this chapter, it is 8
unlawful for any person to: 9
(a) Knowingly possess a controlled substance unless the substance 10
was obtained directly from, or pursuant to, a valid prescription or 11
order of a practitioner while acting in the course of his or her 12
professional practice; or 13
(b) Knowingly use a controlled substance in a public place, 14
unless the substance was obtained directly from, or pursuant to, a 15
valid prescription or order of a practitioner while acting in the 16
course of his or her professional practice. 17
(2)(a) Except as provided in RCW 69.50.4014 ((or)), 69.50.445, or 18
subsection (7) of this section, a violation of subsection (1)(a) or 19
(b) of this section is a gross misdemeanor punishable by imprisonment 20
of up to 180 days in jail, or by a fine of not more than $1,000, or 21
H-0298.3
HOUSE BILL 1449
State of Washington 69th Legislature 2025 Regular Session
By Representatives Kloba, Donaghy, Wylie, Berry, Doglio, Fitzgibbon,
Morgan, Goodman, Peterson, Macri, Fosse, Ormsby, Ryu, Reed, Hill, and
Simmons
Read first time 01/21/25. Referred to Committee on Consumer
Protection & Business.
p. 1 HB 1449
by both such imprisonment and fine, however, if the defendant has two 1
or more prior convictions under subsection (1)(a) or (b) of this 2
section occurring after July 1, 2023, a violation of subsection 3
(1)(a) or (b) of this section is punishable by imprisonment for up to 4
364 days, or by a fine of not more than $1,000, or by both such 5
imprisonment and fine. The prosecutor is encouraged to divert such 6
cases for assessment, treatment, or other services.7
(b) No person may be charged under both subsection (1)(a) and (b) 8
of this section , or both subsections (1)(a) and (7) of this section, 9
relating to the same course of conduct. 10
(c) In lieu of jail booking and referral to the prosecutor, law 11
enforcement is encouraged to offer a referral to assessment and 12
services available under RCW 10.31.110 or other program or entity 13
responsible for receiving referrals in lieu of legal system 14
involvement, which may include, but are not limited to, arrest and 15
jail alternative programs established under RCW 36.28A.450, law 16
enforcement assisted diversion programs established under RCW 17
71.24.589, and the recovery navigator program established under RCW 18
71.24.115. 19
(3)(a) The possession, by a person 21 years of age or older, of 20
useable cannabis, cannabis concentrates, or cannabis-infused products 21
in amounts that do not exceed those set forth in RCW 69.50.360(3), in 22
addition to plants and the cannabis and cannabis products derived 23
from those plants as authorized under subsection (7) of this section, 24
is not a violation of this section, this chapter, or any other 25
provision of Washington state law. 26
(b) The possession of cannabis, useable cannabis, cannabis 27
concentrates, and cannabis-infused products being physically 28
transported or delivered within the state, in amounts not exceeding 29
those that may be established under RCW 69.50.385(3), by a licensed 30
employee of a common carrier when performing the duties authorized in 31
accordance with RCW 69.50.382 and 69.50.385, is not a violation of 32
this section, this chapter, or any other provision of Washington 33
state law. 34
(4)(a) The delivery by a person 21 years of age or older to one 35
or more persons 21 years of age or older, during a single 24 hour 36
period, for noncommercial purposes and not conditioned upon or done 37
in connection with the provision or receipt of financial 38
consideration, of any of the following cannabis products, is not a 39
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violation of this section, this chapter, or any other provisions of 1
Washington state law: 2
(i) One-half ounce of useable cannabis; 3
(ii) Eight ounces of cannabis-infused product in solid form;4
(iii) 36 ounces of cannabis-infused product in liquid form unless 5
the cannabis-infused product in liquid form is packaged in individual 6
units containing no more than four milligrams of THC per unit;7
(iv) 100 milligrams of THC within a cannabis-infused product in 8
liquid form if the product is packaged in individual units containing 9
no more than four milligrams of THC per unit; or 10
(v) Three and one-half grams of cannabis concentrates.11
(b) The act of delivering cannabis or a cannabis product as 12
authorized under this subsection (4) must meet one of the following 13
requirements: 14
(i) The delivery must be done in a location outside of the view 15
of general public and in a nonpublic place; or 16
(ii) The cannabis or cannabis product must be in the original 17
packaging as purchased from the cannabis retailer.18
(5) No person under 21 years of age may manufacture, sell, 19
distribute, or knowingly possess cannabis, cannabis-infused products, 20
or cannabis concentrates, regardless of THC concentration. This does 21
not include qualifying patients with a valid authorization.22
(6) The possession by a qualifying patient or designated provider 23
of cannabis concentrates, useable cannabis, cannabis-infused 24
products, or plants in accordance with chapter 69.51A RCW is not a 25
violation of this section, this chapter, or any other provision of 26
Washington state law. 27
(7)(a) Except as provided in (b) of this subsection (7), the 28
production and possession by a person 21 years of age or older of no 29
more than six plants and the cannabis and cannabis products derived 30
from those plants, on the premises of the housing unit occupied by 31
the person, is not a violation of this section, this chapter, or any 32
other provision of Washington state law. No more than 15 plants may 33
be produced at any one time on the premises of a single housing unit, 34
regardless of the number of residents living on the premises of the 35
housing unit.36
(b) It is a class 3 civil infraction punishable under chapter 37
7.80 RCW for a person to produce or knowingly possess plants or 38
cannabis and cannabis products derived from those plants, as 39
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otherwise authorized in this subsection (7), if the plants, cannabis, 1
or cannabis products: 2
(i) Can be readily smelled from a public place or the private 3
property of another housing unit; or4
(ii) Are visible within the ordinary public view.5
(c) Except as authorized in RCW 69.50.325 or chapter 69.51A RCW:6
(i) It is a class 1 civil infraction punishable under chapter 7
7.80 RCW for a person to produce and knowingly possess more than six 8
plants but fewer than 16 plants; and9
(ii) It is a class C felony punishable under RCW 69.50.401(2)(c) 10
for a person to produce and knowingly possess 16 or more plants.11
(d) An investigating law enforcement officer or agency may seize 12
and summarily destroy any plants produced or possessed by a person in 13
excess of the six plants authorized under this subsection (7), if the 14
person is not authorized to produce and possess the additional plants 15
under RCW 69.50.325 or chapter 69.51A RCW.16
(e) The board has no authority or responsibility to investigate 17
or enforce requirements in this subsection (7). Nothing in this 18
subsection (7)(e) limits the board's authority to enforce state laws 19
related to commercial cannabis production, processing, or sales, when 20
there is evidence of a violation of another provision of this 21
chapter.22
(8) For the purposes of this section((, "public)):23
(a) "Housing unit" has the meaning provided in RCW 69.51A.010.24
(b) "Ordinary public view" means within the sight line with 25
normal visual range of a person, unassisted by any elevating devices 26
or visual aids, from a public street or sidewalk adjacent to real 27
property, or from within an adjacent property.28
(c) "Public place" has the same meaning as defined in RCW 29
66.04.010, but the exclusions in RCW 66.04.011 do not apply.30
(((8) For the purposes of this section, "use))31
(d) "Use a controlled substance" means to introduce the substance 32
into the human body by injection, inhalation, ingestion, or any other 33
means. 34
Sec. 2. RCW 69.50.401 and 2022 c 16 s 84 are each amended to 35
read as follows: 36
(1) Except as authorized by this chapter, it is unlawful for any 37
person to manufacture, deliver, or possess with intent to manufacture 38
or deliver, a controlled substance. 39
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(2) Any person who violates this section with respect to:1
(a) A controlled substance classified in Schedule I or II which 2
is a narcotic drug or flunitrazepam, including its salts, isomers, 3
and salts of isomers, classified in Schedule IV, is guilty of a class 4
B felony and upon conviction may be imprisoned for not more than 5
((ten)) 10 years, or (i) fined not more than ((twenty-five thousand 6
dollars)) $25,000 if the crime involved less than two kilograms of 7
the drug, or both such imprisonment and fine; or (ii) if the crime 8
involved two or more kilograms of the drug, then fined not more than 9
((one hundred thousand dollars )) $100,000 for the first two kilograms 10
and not more than ((fifty dollars )) $50 for each gram in excess of 11
two kilograms, or both such imprisonment and fine;12
(b) Amphetamine, including its salts, isomers, and salts of 13
isomers, or methamphetamine, including its salts, isomers, and salts 14
of isomers, is guilty of a class B felony and upon conviction may be 15
imprisoned for not more than ((ten)) 10 years, or (i) fined not more 16
than ((twenty-five thousand dollars )) $25,000 if the crime involved 17
less than two kilograms of the drug, or both such imprisonment and 18
fine; or (ii) if the crime involved two or more kilograms of the 19
drug, then fined not more than ((one hundred thousand dollars )) 20
$100,000 for the first two kilograms and not more than ((fifty 21
dollars)) $50 for each gram in excess of two kilograms, or both such 22
imprisonment and fine. ((Three thousand dollars )) $3,000 of the fine 23
may not be suspended. As collected, the first ((three thousand 24
dollars)) $3,000 of the fine must be deposited with the law 25
enforcement agency having responsibility for cleanup of laboratories, 26
sites, or substances used in the manufacture of the methamphetamine, 27
including its salts, isomers, and salts of isomers. The fine moneys 28
deposited with that law enforcement agency must be used for such 29
clean-up cost; 30
(c) Any other controlled substance classified in Schedule I, II, 31
or III, is guilty of a class C felony punishable according to chapter 32
9A.20 RCW, except as provided in RCW 69.50.475 or 69.50.4013(7);33
(d) A substance classified in Schedule IV, except flunitrazepam, 34
including its salts, isomers, and salts of isomers, is guilty of a 35
class C felony punishable according to chapter 9A.20 RCW; or36
(e) A substance classified in Schedule V, is guilty of a class C 37
felony punishable according to chapter 9A.20 RCW. 38
(3) The production, manufacture, processing, packaging, delivery, 39
distribution, sale, or possession of cannabis in compliance with the 40
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terms set forth in RCW 69.50.360, 69.50.363, or 69.50.366 shall not 1
constitute a violation of this section, this chapter, or any other 2
provision of Washington state law. 3
(4) The fines in this section apply to adult offenders only.4
Sec. 3. RCW 69.50.505 and 2022 c 162 s 1 and 2022 c 16 s 98 are 5
each reenacted and amended to read as follows: 6
(1) The following are subject to seizure and forfeiture and no 7
property right exists in them: 8
(a) All controlled substances which have been manufactured, 9
distributed, dispensed, acquired, or possessed in violation of this 10
chapter or chapter 69.41 or 69.52 RCW, and all hazardous chemicals, 11
as defined in RCW 64.44.010, used or intended to be used in the 12
manufacture of controlled substances; 13
(b) All raw materials, products, and equipment of any kind which 14
are used, or intended for use, in manufacturing, compounding, 15
processing, delivering, importing, or exporting any controlled 16
substance in violation of this chapter or chapter 69.41 or 69.52 RCW;17
(c) All property which is used, or intended for use, as a 18
container for property described in (a) or (b) of this subsection;19
(d) All conveyances, including aircraft, vehicles, or vessels, 20
which are used, or intended for use, in any manner to facilitate the 21
sale, delivery, or receipt of property described in (a) or (b) of 22
this subsection, except that: 23
(i) No conveyance used by any person as a common carrier in the 24
transaction of business as a common carrier is subject to forfeiture 25
under this section unless it appears that the owner or other person 26
in charge of the conveyance is a consenting party or privy to a 27
violation of this chapter or chapter 69.41 or 69.52 RCW;28
(ii) No conveyance is subject to forfeiture under this section by 29
reason of any act or omission established by the owner thereof to 30
have been committed or omitted without the owner's knowledge or 31
consent; 32
(iii) No conveyance is subject to forfeiture under this section 33
if used in the receipt of only an amount of cannabis for which 34
possession constitutes a misdemeanor under RCW 69.50.4014;35
(iv) A forfeiture of a conveyance encumbered by a bona fide 36
security interest is subject to the interest of the secured party if 37
the secured party neither had knowledge of nor consented to the act 38
or omission; and 39
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(v) When the owner of a conveyance has been arrested under this 1
chapter or chapter 69.41 or 69.52 RCW the conveyance in which the 2
person is arrested may not be subject to forfeiture unless it is 3
seized or process is issued for its seizure within ((ten)) 10 days of 4
the owner's arrest; 5
(e) All books, records, and research products and materials, 6
including formulas, microfilm, tapes, and data which are used, or 7
intended for use, in violation of this chapter or chapter 69.41 or 8
69.52 RCW; 9
(f) All drug paraphernalia other than paraphernalia possessed, 10
sold, or used solely to facilitate cannabis-related activities that 11
are not violations of this chapter; 12
(g) All moneys, negotiable instruments, securities, or other 13
tangible or intangible property of value furnished or intended to be 14
furnished by any person in exchange for a controlled substance in 15
violation of this chapter or chapter 69.41 or 69.52 RCW, all tangible 16
or intangible personal property, proceeds, or assets acquired in 17
whole or in part with proceeds traceable to an exchange or series of 18
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW, 19
and all moneys, negotiable instruments, and securities used or 20
intended to be used to facilitate any violation of this chapter or 21
chapter 69.41 or 69.52 RCW. A forfeiture of money, negotiable 22
instruments, securities, or other tangible or intangible property 23
encumbered by a bona fide security interest is subject to the 24
interest of the secured party if, at the time the security interest 25
was created, the secured party neither had knowledge of nor consented 26
to the act or omission. No personal property may be forfeited under 27
this subsection (1)(g), to the extent of the interest of an owner, by 28
reason of any act or omission which that owner establishes was 29
committed or omitted without the owner's knowledge or consent; and30
(h) All real property, including any right, title, and interest 31
in the whole of any lot or tract of land, and any appurtenances or 32
improvements which are being used with the knowledge of the owner for 33
the manufacturing, compounding, processing, delivery, importing, or 34
exporting of any controlled substance, or which have been acquired in 35
whole or in part with proceeds traceable to an exchange or series of 36
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW, 37
if such activity is not less than a class C felony and a substantial 38
nexus exists between the commercial production or sale of the 39
controlled substance and the real property. However:40
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(i) No property may be forfeited pursuant to this subsection 1
(1)(h), to the extent of the interest of an owner, by reason of any 2
act or omission committed or omitted without the owner's knowledge or 3
consent; 4
(ii) The bona fide gift of a controlled substance, legend drug, 5
or imitation controlled substance shall not result in the forfeiture 6
of real property; 7
(iii) The acquisition, delivery, production, or possession of 8
cannabis, useable cannabis, cannabis concentrates, or cannabis-9
infused products including in the manner and in the amount provided 10
in RCW 69.50.4013(7), shall not result in the forfeiture of real 11
property unless the cannabis is possessed for commercial purposes 12
that are unlawful under Washington state law, the amount possessed is 13
((five)) 16 or more plants or , except as authorized in RCW 14
69.50.4013(7), one pound or more of cannabis, and a substantial nexus 15
exists between the possession of cannabis and the real property. In 16
such a case, the intent of the offender shall be determined by the 17
preponderance of the evidence, including the offender's prior 18
criminal history, the amount of cannabis possessed by the offender, 19
the sophistication of the activity or equipment used by the offender, 20
whether the offender was licensed to produce, process, or sell 21
cannabis, or was an employee of a licensed producer, processor, or 22
retailer, and other evidence which demonstrates the offender's intent 23
to engage in unlawful commercial activity; 24
(iv) The unlawful sale of cannabis or a legend drug shall not 25
result in the forfeiture of real property unless the sale was 26
((forty)) 40 grams or more in the case of cannabis or ((one hundred 27
dollars)) $100 or more in the case of a legend drug, and a 28
substantial nexus exists between the unlawful sale and the real 29
property; and 30
(v) A forfeiture of real property encumbered by a bona fide 31
security interest is subject to the interest of the secured party if 32
the secured party, at the time the security interest was created, 33
neither had knowledge of nor consented to the act or omission.34
(2) Real or personal property subject to forfeiture under this 35
chapter may be seized by any commission inspector or law enforcement 36
officer of this state upon process issued by any superior court 37
having jurisdiction over the property. Seizure of real property shall 38
include the filing of a lis pendens by the seizing agency. Real 39
property seized under this section shall not be transferred or 40
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otherwise conveyed until ((ninety)) 90 days after seizure or until a 1
judgment of forfeiture is entered, whichever is later ((: PROVIDED, 2
That)). However, real property seized under this section may be 3
transferred or conveyed to any person or entity who acquires title by 4
foreclosure or deed in lieu of foreclosure of a security interest. 5
Seizure of personal property without process may be made if:6
(a) The seizure is incident to an arrest or a search under a 7
search warrant or an inspection under an administrative inspection 8
warrant; 9
(b) The property subject to seizure has been the subject of a 10
prior judgment in favor of the state in a criminal injunction or 11
forfeiture proceeding based upon this chapter; 12
(c) A commission inspector or law enforcement officer has 13
probable cause to believe that the property is directly or indirectly 14
dangerous to health or safety; or 15
(d) The commission inspector or law enforcement officer has 16
probable cause to believe that the property was used or is intended 17
to be used in violation of this chapter. 18
(3) In the event of seizure pursuant to subsection (2) of this 19
section, proceedings for forfeiture shall be deemed commenced by the 20
seizure. The law enforcement agency under whose authority the seizure 21
was made shall cause notice to be served within ((fifteen)) 15 days 22
following the seizure on the owner of the property seized and the 23
person in charge thereof and any person having any known right or 24
interest therein, including any community property interest, of the 25
seizure and intended forfeiture of the seized property. Service of 26
notice of seizure of real property shall be made according to the 27
rules of civil procedure. However, the state may not obtain a default 28
judgment with respect to real property against a party who is served 29
by substituted service absent an affidavit stating that a good faith 30
effort has been made to ascertain if the defaulted party is 31
incarcerated within the state, and that there is no present basis to 32
believe that the party is incarcerated within the state. Notice of 33
seizure in the case of property subject to a security interest that 34
has been perfected by filing a financing statement in accordance with 35
chapter 62A.9A RCW, or a certificate of title, shall be made by 36
service upon the secured party or the secured party's assignee at the 37
address shown on the financing statement or the certificate of title. 38
The notice of seizure in other cases may be served by any method 39
authorized by law or court rule including but not limited to service 40
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by certified mail with return receipt requested. Service by mail 1
shall be deemed complete upon mailing within the ((fifteen)) 15-day 2
period following the seizure. 3
(4) If no person notifies the seizing law enforcement agency in 4
writing of the person's claim of ownership or right to possession of 5
items specified in subsection (1)(d), (g), or (h) of this section 6
within ((forty-five)) 45 days of the service of notice from the 7
seizing agency in the case of personal property and ((ninety)) 90 8
days in the case of real property, the item seized shall be deemed 9
forfeited. The community property interest in real property of a 10
person whose spouse or domestic partner committed a violation giving 11
rise to seizure of the real property may not be forfeited if the 12
person did not participate in the violation. 13
(5) If any person notifies the seizing law enforcement agency in 14
writing of the person's claim of ownership or right to possession of 15
items specified in subsection (1)(b), (c), (d), (e), (f), (g), or (h) 16
of this section within ((forty-five)) 45 days of the service of 17
notice from the seizing agency in the case of personal property and 18
((ninety)) 90 days in the case of real property, the person or 19
persons shall be afforded a reasonable opportunity to be heard as to 20
the claim or right. The notice of claim may be served by any method 21
authorized by law or court rule including, but not limited to, 22
service by first-class mail. Service by mail shall be deemed complete 23
upon mailing within the ((forty-five)) 45-day period following 24
service of the notice of seizure in the case of personal property and 25
within the ((ninety)) 90-day period following service of the notice 26
of seizure in the case of real property. The hearing shall be before 27
the chief law enforcement officer of the seizing agency or the chief 28
law enforcement officer's designee, except where the seizing agency 29
is a state agency as defined in RCW 34.12.020(4), the hearing shall 30
be before the chief law enforcement officer of the seizing agency or 31
an administrative law judge appointed under chapter 34.12 RCW, except 32
that any person asserting a claim or right may remove the matter to a 33
court of competent jurisdiction. Removal of any matter involving 34
personal property may only be accomplished according to the rules of 35
civil procedure. The person seeking removal of the matter must serve 36
process against the state, county, political subdivision, or 37
municipality that operates the seizing agency, and any other party of 38
interest, in accordance with RCW 4.28.080 or 4.92.020, within 39
((forty-five)) 45 days after the person seeking removal has notified 40
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the seizing law enforcement agency of the person's claim of ownership 1
or right to possession. The court to which the matter is to be 2
removed shall be the district court when the aggregate value of 3
personal property is within the jurisdictional limit set forth in RCW 4
3.66.020. A hearing before the seizing agency and any appeal 5
therefrom shall be under Title 34 RCW. In all cases, the burden of 6
proof is upon the law enforcement agency to establish, by a 7
preponderance of the evidence, that the property is subject to 8
forfeiture. 9
The seizing law enforcement agency shall promptly return the 10
article or articles to the claimant upon a determination by the 11
administrative law judge or court that the claimant is the present 12
lawful owner or is lawfully entitled to possession thereof of items 13
specified in subsection (1)(b), (c), (d), (e), (f), (g), or (h) of 14
this section. 15
(6) In any proceeding to forfeit property under this title, where 16
the claimant substantially prevails, the claimant is entitled to 17
reasonable attorneys' fees reasonably incurred by the claimant. In 18
addition, in a court hearing between two or more claimants to the 19
article or articles involved, the prevailing party is entitled to a 20
judgment for costs and reasonable attorneys' fees.21
(7) When property is forfeited under this chapter the commission 22
or seizing law enforcement agency may: 23
(a) Retain it for official use or upon application by any law 24
enforcement agency of this state release such property to such agency 25
for the exclusive use of enforcing the provisions of this chapter;26
(b) Sell that which is not required to be destroyed by law and 27
which is not harmful to the public; 28
(c) Request the appropriate sheriff or director of public safety 29
to take custody of the property and remove it for disposition in 30
accordance with law; or 31
(d) Forward it to the drug enforcement administration for 32
disposition. 33
(8)(a) When property is forfeited, the seizing agency shall keep 34
a record indicating the identity of the prior owner, if known, a 35
description of the property, the disposition of the property, the 36
value of the property at the time of seizure, and the amount of 37
proceeds realized from disposition of the property.38
(b) Each seizing agency shall retain records of forfeited 39
property for at least seven years. 40
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(c) Each seizing agency shall file a report including a copy of 1
the records of forfeited property with the state treasurer each 2
calendar quarter. 3
(d) The quarterly report need not include a record of forfeited 4
property that is still being held for use as evidence during the 5
investigation or prosecution of a case or during the appeal from a 6
conviction. 7
(9)(a) By January 31st of each year, each seizing agency shall 8
remit to the state an amount equal to ((ten)) 10 percent of the net 9
proceeds of any property forfeited during the preceding calendar year 10
for deposit into the behavioral health loan repayment and scholarship 11
program account created in RCW 28B.115.135 through June 30, 2027, and 12
into the state general fund thereafter. 13
(b) The net proceeds of forfeited property is the value of the 14
forfeitable interest in the property after deducting the cost of 15
satisfying any bona fide security interest to which the property is 16
subject at the time of seizure; and in the case of sold property, 17
after deducting the cost of sale, including reasonable fees or 18
commissions paid to independent selling agents, and the cost of any 19
valid landlord's claim for damages under subsection (15) of this 20
section. 21
(c) The value of sold forfeited property is the sale price. The 22
value of retained forfeited property is the fair market value of the 23
property at the time of seizure, determined when possible by 24
reference to an applicable commonly used index, such as the index 25
used by the department of licensing for valuation of motor vehicles. 26
A seizing agency may use, but need not use, an independent qualified 27
appraiser to determine the value of retained property. If an 28
appraiser is used, the value of the property appraised is net of the 29
cost of the appraisal. The value of destroyed property and retained 30
firearms or illegal property is zero. 31
(10) Forfeited property and net proceeds not required to be 32
remitted to the state shall be retained by the seizing law 33
enforcement agency exclusively for the expansion and improvement of 34
controlled substances related law enforcement activity. Money 35
retained under this section may not be used to supplant preexisting 36
funding sources. 37
(11) Controlled substances listed in Schedule I, II, III, IV, and 38
V that are possessed, transferred, sold, or offered for sale in 39
violation of this chapter are contraband and shall be seized and 40
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summarily forfeited to the state. Controlled substances listed in 1
Schedule I, II, III, IV, and V, which are seized or come into the 2
possession of the commission, the owners of which are unknown, are 3
contraband and shall be summarily forfeited to the commission.4
(12) Species of plants from which controlled substances in 5
Schedules I and II may be derived which have been planted or 6
cultivated in violation of this chapter, or of which the owners or 7
cultivators are unknown, or which are wild growths, may be seized and 8
summarily forfeited to the commission. 9
(13) The failure, upon demand by a commission inspector or law 10
enforcement officer, of the person in occupancy or in control of land 11
or premises upon which the species of plants are growing or being 12
stored to produce an appropriate registration or proof that he or she 13
is the holder thereof constitutes authority for the seizure and 14
forfeiture of the plants. 15
(14) Upon the entry of an order of forfeiture of real property, 16
the court shall forward a copy of the order to the assessor of the 17
county in which the property is located. Orders for the forfeiture of 18
real property shall be entered by the superior court, subject to 19
court rules. Such an order shall be filed by the seizing agency in 20
the county auditor's records in the county in which the real property 21
is located. 22
(15)(a) A landlord may assert a claim against proceeds from the 23
sale of assets seized and forfeited under subsection (7)(b) of this 24
section, only if: 25
(i) A law enforcement officer, while acting in his or her 26
official capacity, directly caused damage to the complaining 27
landlord's property while executing a search of a tenant's residence; 28
and 29
(ii) The landlord has applied any funds remaining in the tenant's 30
deposit, to which the landlord has a right under chapter 59.18 RCW, 31
to cover the damage directly caused by a law enforcement officer 32
prior to asserting a claim under the provisions of this section;33
(A) Only if the funds applied under (a)(ii) of this subsection 34
are insufficient to satisfy the damage directly caused by a law 35
enforcement officer, may the landlord seek compensation for the 36
damage by filing a claim against the governmental entity under whose 37
authority the law enforcement agency operates within ((thirty)) 30 38
days after the search; 39
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(B) Only if the governmental entity denies or fails to respond to 1
the landlord's claim within ((sixty)) 60 days of the date of filing, 2
may the landlord collect damages under this subsection by filing 3
within ((thirty)) 30 days of denial or the expiration of the 4
((sixty)) 60-day period, whichever occurs first, a claim with the 5
seizing law enforcement agency. The seizing law enforcement agency 6
must notify the landlord of the status of the claim by the end of the 7
((thirty)) 30-day period. Nothing in this section requires the claim 8
to be paid by the end of the ((sixty-day or thirty-day )) 60-day or 9
30-day period. 10
(b) For any claim filed under (a)(ii) of this subsection, the law 11
enforcement agency shall pay the claim unless the agency provides 12
substantial proof that the landlord either: 13
(i) Knew or consented to actions of the tenant in violation of 14
this chapter or chapter 69.41 or 69.52 RCW; or 15
(ii) Failed to respond to a notification of the illegal activity, 16
provided by a law enforcement agency under RCW 59.18.075, within 17
seven days of receipt of notification of the illegal activity.18
(16) The landlord's claim for damages under subsection (15) of 19
this section may not include a claim for loss of business and is 20
limited to: 21
(a) Damage to tangible property and clean-up costs;22
(b) The lesser of the cost of repair or fair market value of the 23
damage directly caused by a law enforcement officer;24
(c) The proceeds from the sale of the specific tenant's property 25
seized and forfeited under subsection (7)(b) of this section; and26
(d) The proceeds available after the seizing law enforcement 27
agency satisfies any bona fide security interest in the tenant's 28
property and costs related to sale of the tenant's property as 29
provided by subsection (9)(b) of this section. 30
(17) Subsections (15) and (16) of this section do not limit any 31
other rights a landlord may have against a tenant to collect for 32
damages. However, if a law enforcement agency satisfies a landlord's 33
claim under subsection (15) of this section, the rights the landlord 34
has against the tenant for damages directly caused by a law 35
enforcement officer under the terms of the landlord and tenant's 36
contract are subrogated to the law enforcement agency.37
Sec. 4. RCW 69.50.101 and 2024 c 62 s 17 are each amended to 38
read as follows: 39
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The definitions in this section apply throughout this chapter 1
unless the context clearly requires otherwise. 2
(1) "Administer" means to apply a controlled substance, whether 3
by injection, inhalation, ingestion, or any other means, directly to 4
the body of a patient or research subject by: 5
(a) a practitioner authorized to prescribe (or, by the 6
practitioner's authorized agent); or 7
(b) the patient or research subject at the direction and in the 8
presence of the practitioner. 9
(2) "Agent" means an authorized person who acts on behalf of or 10
at the direction of a manufacturer, distributor, or dispenser. It 11
does not include a common or contract carrier, public 12
warehouseperson, or employee of the carrier or warehouseperson.13
(3) "Board" means the Washington state liquor and cannabis board.14
(4) "Cannabis" means all parts of the plant Cannabis, whether 15
growing or not, with a THC concentration greater than 0.3 percent on 16
a dry weight basis during the growing cycle through harvest and 17
usable cannabis. "Cannabis" does not include hemp or industrial hemp 18
as defined in RCW 15.140.020, or seeds used for licensed hemp 19
production under chapter 15.140 RCW. 20
(5) "Cannabis concentrates" means products consisting wholly or 21
in part of the resin extracted from any part of the plant Cannabis 22
and having a THC concentration greater than ((ten)) 10 percent.23
(6) "Cannabis processor" means a person licensed by the board to 24
process cannabis into cannabis concentrates, useable cannabis, and 25
cannabis-infused products, package and label cannabis concentrates, 26
useable cannabis, and cannabis-infused products for sale in retail 27
outlets, and sell cannabis concentrates, useable cannabis, and 28
cannabis-infused products at wholesale to cannabis retailers.29
(7) "Cannabis producer" means a person licensed by the board to 30
produce and sell cannabis at wholesale to cannabis processors and 31
other cannabis producers. 32
(8)(a) "Cannabis products" means useable cannabis, cannabis 33
concentrates, and cannabis-infused products as defined in this 34
section, including any product intended to be consumed or absorbed 35
inside the body by any means including inhalation, ingestion, or 36
insertion, with any detectable amount of THC. 37
(b) "Cannabis products" also means any product containing only 38
THC content. 39
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(c) "Cannabis products" does not include cannabis health and 1
beauty aids as defined in RCW 69.50.575 or products approved by the 2
United States food and drug administration. 3
(9) "Cannabis researcher" means a person licensed by the board to 4
produce, process, and possess cannabis for the purposes of conducting 5
research on cannabis and cannabis-derived drug products.6
(10) "Cannabis retailer" means a person licensed by the board to 7
sell cannabis concentrates, useable cannabis, and cannabis-infused 8
products in a retail outlet. 9
(11) "Cannabis-infused products" means products that contain 10
cannabis or cannabis extracts, are intended for human use, are 11
derived from cannabis as defined in subsection (4) of this section, 12
and have a THC concentration no greater than ((ten)) 10 percent. The 13
term "cannabis-infused products" does not include either useable 14
cannabis or cannabis concentrates. 15
(12) "CBD concentration" has the meaning provided in RCW 16
69.51A.010. 17
(13) "CBD product" means any product containing or consisting of 18
cannabidiol. 19
(14) "Commercial activity" means an activity related to or 20
connected with buying, selling, or bartering.21
(15) "Commission" means the pharmacy quality assurance 22
commission. 23
(((15))) (16) "Controlled substance" means a drug, substance, or 24
immediate precursor included in Schedules I through V as set forth in 25
federal or state laws, or federal or commission rules, but does not 26
include hemp or industrial hemp as defined in RCW 15.140.020.27
(((16))) (17)(a) "Controlled substance analog" means a substance 28
the chemical structure of which is substantially similar to the 29
chemical structure of a controlled substance in Schedule I or II and:30
(i) that has a stimulant, depressant, or hallucinogenic effect on 31
the central nervous system substantially similar to the stimulant, 32
depressant, or hallucinogenic effect on the central nervous system of 33
a controlled substance included in Schedule I or II; or34
(ii) with respect to a particular individual, that the individual 35
represents or intends to have a stimulant, depressant, or 36
hallucinogenic effect on the central nervous system substantially 37
similar to the stimulant, depressant, or hallucinogenic effect on the 38
central nervous system of a controlled substance included in Schedule 39
I or II. 40
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(b) The term does not include: 1
(i) a controlled substance; 2
(ii) a substance for which there is an approved new drug 3
application; 4
(iii) a substance with respect to which an exemption is in effect 5
for investigational use by a particular person under Section 505 of 6
the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or 7
chapter 69.77 RCW to the extent conduct with respect to the substance 8
is pursuant to the exemption; or 9
(iv) any substance to the extent not intended for human 10
consumption before an exemption takes effect with respect to the 11
substance. 12
(((17))) (18) "Deliver" or "delivery" means the actual or 13
constructive transfer from one person to another of a substance, 14
whether or not there is an agency relationship. 15
(((18))) (19) "Department" means the department of health.16
(((19))) (20) "Designated provider" has the meaning provided in 17
RCW 69.51A.010. 18
(((20))) (21) "Dispense" means the interpretation of a 19
prescription or order for a controlled substance and, pursuant to 20
that prescription or order, the proper selection, measuring, 21
compounding, labeling, or packaging necessary to prepare that 22
prescription or order for delivery. 23
(((21))) (22) "Dispenser" means a practitioner who dispenses.24
(((22))) (23) "Distribute" means to deliver other than by 25
administering or dispensing a controlled substance.26
(((23))) (24) "Distributor" means a person who distributes.27
(((24))) (25) "Drug" means (a) a controlled substance recognized 28
as a drug in the official United States pharmacopoeia/national 29
formulary or the official homeopathic pharmacopoeia of the United 30
States, or any supplement to them; (b) controlled substances intended 31
for use in the diagnosis, cure, mitigation, treatment, or prevention 32
of disease in individuals or animals; (c) controlled substances 33
(other than food) intended to affect the structure or any function of 34
the body of individuals or animals; and (d) controlled substances 35
intended for use as a component of any article specified in (a), (b), 36
or (c) of this subsection. The term does not include devices or their 37
components, parts, or accessories. 38
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(((25))) (26) "Drug enforcement administration" means the drug 1
enforcement administration in the United States Department of 2
Justice, or its successor agency. 3
(((26))) (27) "Electronic communication of prescription 4
information" means the transmission of a prescription or refill 5
authorization for a drug of a practitioner using computer systems. 6
The term does not include a prescription or refill authorization 7
verbally transmitted by telephone nor a facsimile manually signed by 8
the practitioner. 9
(((27))) (28) "Immature plant or clone" means a plant or clone 10
that has no flowers, is less than ((twelve)) 12 inches in height, and 11
is less than ((twelve)) 12 inches in diameter. 12
(((28))) (29) "Immediate precursor" means a substance:13
(a) that the commission has found to be and by rule designates as 14
being the principal compound commonly used, or produced primarily for 15
use, in the manufacture of a controlled substance;16
(b) that is an immediate chemical intermediary used or likely to 17
be used in the manufacture of a controlled substance; and18
(c) the control of which is necessary to prevent, curtail, or 19
limit the manufacture of the controlled substance.20
(((29))) (30) "Isomer" means an optical isomer, but in subsection 21
(((33))) (34)(e) of this section, RCW 69.50.204(1) (l) and (hh), and 22
69.50.206(2)(d), the term includes any geometrical isomer; in RCW 23
69.50.204(1) (h) and (pp)((,)) and 69.50.210(3)(([,])), the term 24
includes any positional isomer; and in RCW 69.50.204(1)(ii), 25
69.50.204(3), and 69.50.208(1)(([,])), the term includes any 26
positional or geometric isomer. 27
(((30))) (31) "Lot" means a definite quantity of cannabis, 28
cannabis concentrates, useable cannabis, or cannabis-infused product 29
identified by a lot number, every portion or package of which is 30
uniform within recognized tolerances for the factors that appear in 31
the labeling. 32
(((31))) (32) "Lot number" must identify the licensee by business 33
or trade name and Washington state unified business identifier 34
number, and the date of harvest or processing for each lot of 35
cannabis, cannabis concentrates, useable cannabis, or cannabis-36
infused product. 37
(((32))) (33) "Manufacture" means the production, preparation, 38
propagation, compounding, conversion, or processing of a controlled 39
substance, either directly or indirectly or by extraction from 40
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substances of natural origin, or independently by means of chemical 1
synthesis, or by a combination of extraction and chemical synthesis, 2
and includes any packaging or repackaging of the substance or 3
labeling or relabeling of its container. The term does not include 4
the preparation, compounding, packaging, repackaging, labeling, or 5
relabeling of a controlled substance: 6
(a) by a practitioner as an incident to the practitioner's 7
administering or dispensing of a controlled substance in the course 8
of the practitioner's professional practice; or 9
(b) by a practitioner, or by the practitioner's authorized agent 10
under the practitioner's supervision, for the purpose of, or as an 11
incident to, research, teaching, or chemical analysis and not for 12
sale. 13
(((33))) (34) "Narcotic drug" means any of the following, whether 14
produced directly or indirectly by extraction from substances of 15
vegetable origin, or independently by means of chemical synthesis, or 16
by a combination of extraction and chemical synthesis:17
(a) Opium, opium derivative, and any derivative of opium or opium 18
derivative, including their salts, isomers, and salts of isomers, 19
whenever the existence of the salts, isomers, and salts of isomers is 20
possible within the specific chemical designation. The term does not 21
include the isoquinoline alkaloids of opium. 22
(b) Synthetic opiate and any derivative of synthetic opiate, 23
including their isomers, esters, ethers, salts, and salts of isomers, 24
esters, and ethers, whenever the existence of the isomers, esters, 25
ethers, and salts is possible within the specific chemical 26
designation. 27
(c) Poppy straw and concentrate of poppy straw.28
(d) Coca leaves, except coca leaves and extracts of coca leaves 29
from which cocaine, ecgonine, and derivatives or ecgonine or their 30
salts have been removed. 31
(e) Cocaine, or any salt, isomer, or salt of isomer thereof.32
(f) Cocaine base. 33
(g) Ecgonine, or any derivative, salt, isomer, or salt of isomer 34
thereof. 35
(h) Any compound, mixture, or preparation containing any quantity 36
of any substance referred to in (a) through (g) of this subsection.37
(((34))) (35) "Opiate" means any substance having an addiction-38
forming or addiction-sustaining liability similar to morphine or 39
being capable of conversion into a drug having addiction-forming or 40
p. 19 HB 1449
addiction-sustaining liability. The term includes opium, substances 1
derived from opium (opium derivatives), and synthetic opiates. The 2
term does not include, unless specifically designated as controlled 3
under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-4
methylmorphinan and its salts (dextromethorphan). The term includes 5
the racemic and levorotatory forms of dextromethorphan.6
(((35))) (36) "Opium poppy" means the plant of the species 7
Papaver somniferum L., except its seeds. 8
(((36))) (37) "Package" means a container that has a single unit 9
or group of units. 10
(((37))) (38) "Person" means individual, corporation, business 11
trust, estate, trust, partnership, association, joint venture, 12
government, governmental subdivision or agency, or any other legal or 13
commercial entity. 14
(((38))) (39) "Plant" has the meaning provided in RCW 69.51A.010.15
(((39))) (40) "Poppy straw" means all parts, except the seeds, of 16
the opium poppy, after mowing. 17
(((40))) (41) "Practitioner" means: 18
(a) A physician under chapter 18.71 RCW; a physician assistant 19
under chapter 18.71A RCW; an osteopathic physician and surgeon under 20
chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW 21
who is certified by the optometry board under RCW 18.53.010 subject 22
to any limitations in RCW 18.53.010; a dentist under chapter 18.32 23
RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a 24
veterinarian under chapter 18.92 RCW; a registered nurse, advanced 25
registered nurse practitioner, or licensed practical nurse under 26
chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW 27
who is licensed under RCW 18.36A.030 subject to any limitations in 28
RCW 18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific 29
investigator under this chapter, licensed, registered or otherwise 30
permitted insofar as is consistent with those licensing laws to 31
distribute, dispense, conduct research with respect to or administer 32
a controlled substance in the course of their professional practice 33
or research in this state. 34
(b) A pharmacy, hospital or other institution licensed, 35
registered, or otherwise permitted to distribute, dispense, conduct 36
research with respect to or to administer a controlled substance in 37
the course of professional practice or research in this state.38
(c) A physician licensed to practice medicine and surgery, a 39
physician licensed to practice osteopathic medicine and surgery, a 40
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dentist licensed to practice dentistry, a podiatric physician and 1
surgeon licensed to practice podiatric medicine and surgery, a 2
licensed physician assistant or a licensed osteopathic physician 3
assistant specifically approved to prescribe controlled substances by 4
his or her state's medical commission or equivalent and his or her 5
participating physician as defined in RCW 18.71A.010, an advanced 6
registered nurse practitioner licensed to prescribe controlled 7
substances, or a veterinarian licensed to practice veterinary 8
medicine in any state of the United States. 9
(((41))) (42) "Prescription" means an order for controlled 10
substances issued by a practitioner duly authorized by law or rule in 11
the state of Washington to prescribe controlled substances within the 12
scope of his or her professional practice for a legitimate medical 13
purpose. 14
(((42))) (43) "Production" includes the manufacturing, planting, 15
cultivating, growing, or harvesting of a controlled substance.16
(((43))) (44) "Qualifying patient" has the meaning provided in 17
RCW 69.51A.010. 18
(((44))) (45) "Recognition card" has the meaning provided in RCW 19
69.51A.010. 20
(((45))) (46) "Retail outlet" means a location licensed by the 21
board for the retail sale of cannabis concentrates, useable cannabis, 22
and cannabis-infused products. 23
(((46))) (47) "Secretary" means the secretary of health or the 24
secretary's designee. 25
(((47))) (48) "Social equity plan" means a plan that addresses at 26
least some of the elements outlined in this subsection (((47))) (48), 27
along with any additional plan components or requirements approved by 28
the board following consultation with the task force created in RCW 29
69.50.336. The plan may include: 30
(a) A statement that indicates how the cannabis licensee will 31
work to promote social equity goals in their community;32
(b) A description of how the cannabis licensee will meet social 33
equity goals as defined in RCW 69.50.335; 34
(c) The composition of the workforce the licensee has employed or 35
intends to hire; and 36
(d) Business plans involving partnerships or assistance to 37
organizations or residents with connections to populations with a 38
history of high rates of enforcement of cannabis prohibition.39
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(((48))) (49) "State," unless the context otherwise requires, 1
means a state of the United States, the District of Columbia, the 2
Commonwealth of Puerto Rico, or a territory or insular possession 3
subject to the jurisdiction of the United States. 4
(((49))) (50) "THC concentration" means percent of 5
tetrahydrocannabinol content of any part of the plant Cannabis, or 6
per volume or weight of cannabis product, or the combined percent of 7
tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of 8
the plant Cannabis regardless of moisture content. 9
(((50))) (51) "Ultimate user" means an individual who lawfully 10
possesses a controlled substance for the individual's own use or for 11
the use of a member of the individual's household or for 12
administering to an animal owned by the individual or by a member of 13
the individual's household. 14
(((51))) (52) "Unit" means an individual consumable item within a 15
package of one or more consumable items in solid, liquid, gas, or any 16
form intended for human consumption. 17
(((52))) (53) "Useable cannabis" means dried cannabis flowers. 18
The term "useable cannabis" does not include either cannabis-infused 19
products or cannabis concentrates. 20
(((53))) (54) "Youth access" means the level of interest persons 21
under the age of ((twenty-one)) 21 may have in a vapor product, as 22
well as the degree to which the product is available or appealing to 23
such persons, and the likelihood of initiation, use, or addiction by 24
adolescents and young adults. 25
--- END ---
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