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AN ACT Relating to protecting access to life-saving care and 1
substance use services; and amending RCW 69.50.315, 69.50.4121, and 2
69.50.612. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 69.50.315 and 2015 c 205 s 4 are each amended to 5
read as follows: 6
(1) A person acting in good faith who seeks medical assistance 7
for someone experiencing a drug-related overdose ((shall not be 8
charged or prosecuted for possession of a controlled substance 9
pursuant to RCW 69.50.4013, or penalized under RCW 69.50.4014, if the 10
evidence for the charge of possession of a controlled substance was 11
obtained as a result of the person seeking medical assistance.12
(2) A person)) or who experiences a drug-related overdose and is 13
in need of medical assistance ((shall)) may not be arrested, 14
detained, charged ((or)), prosecuted, or convicted for possession or 15
use of a controlled substance pursuant to RCW 69.50.4013, or 16
penalized under RCW 69.50.4014, if the evidence for the charge of 17
possession or use of a controlled substance was obtained as a result 18
of the overdose and the need for medical assistance.19
H-0756.1
HOUSE BILL 1574
State of Washington 69th Legislature 2025 Regular Session
By Representatives Macri, Davis, Parshley, Mena, Goodman, Simmons,
Ormsby, Scott, Doglio, Pollet, Salahuddin, Reed, Nance, and Kloba
Read first time 01/24/25. Referred to Committee on Community Safety.
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(2) A person acting in good faith who seeks medical assistance 1
for someone experiencing a drug-related overdose or who experiences a 2
drug-related overdose and is in need of medical assistance may not:3
(a) Have their property subject to civil forfeiture; or4
(b) Be penalized for:5
(i) Violation of a restraining order, no contact order, or 6
protection order;7
(ii) Violation of probation or parole; or8
(iii) Failing to appear for an existing nonviolent, nonsexual 9
charge.10
(3) The protection in this section from prosecution for 11
possession crimes under RCW 69.50.4013 shall not be grounds for 12
suppression of evidence in other criminal charges.13
Sec. 2. RCW 69.50.4121 and 2023 sp.s. c 1 s 7 are each amended 14
to read as follows: 15
(1) Every person who sells or permits to be sold to any person 16
any drug paraphernalia in any form commits a class I civil infraction 17
under chapter 7.80 RCW. For purposes of this subsection, "drug 18
paraphernalia" means all equipment, products, and materials of any 19
kind which are used, intended for use, or designed for use in 20
planting, propagating, cultivating, growing, harvesting, 21
manufacturing, compounding, converting, producing, processing, 22
preparing, packaging, repackaging, storing, containing, concealing, 23
injecting, ingesting, inhaling, or otherwise introducing into the 24
human body a controlled substance other than cannabis. Drug 25
paraphernalia includes, but is not limited to objects used, intended 26
for use, or designed for use in ingesting, inhaling, or otherwise 27
introducing cocaine into the human body, such as: 28
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic 29
pipes with or without screens, permanent screens, hashish heads, or 30
punctured metal bowls; 31
(b) Water pipes; 32
(c) Carburetion tubes and devices; 33
(d) Smoking and carburetion masks; 34
(e) Miniature cocaine spoons and cocaine vials;35
(f) Chamber pipes; 36
(g) Carburetor pipes; 37
(h) Electric pipes; 38
(i) Air-driven pipes; and 39
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(j) Ice pipes or chillers. 1
(2) It shall be no defense to a prosecution for a violation of 2
this section that the person acted, or was believed by the defendant 3
to act, as agent or representative of another. 4
(3) Nothing in subsection (1) of this section prohibits 5
distribution or use of public health supplies including, but not 6
limited to, syringe equipment, smoking equipment, or drug testing 7
equipment, through public health programs, community-based HIV 8
prevention programs, outreach, shelter ((,)) and housing programs, and 9
health care facilities, including hospitals and pharmacies. Public 10
health and syringe service program clients and staff taking samples 11
of substances and using drug testing equipment for the purpose of 12
analyzing the composition of the substances or detecting the presence 13
of certain substances are acting legally and are exempt from arrest 14
and prosecution under RCW 69.50.4011(1) (b) or (c), 69.50.4013, 15
69.50.4014, or 69.41.030(2) (b) or (c). 16
Sec. 3. RCW 69.50.612 and 2023 sp.s. c 1 s 8 are each amended to 17
read as follows: 18
(((1))) The state of Washington hereby fully occupies and 19
preempts the entire field of drug paraphernalia regulation within the 20
boundaries of the state including regulation of the use, selling, 21
giving, delivery, and possession of drug paraphernalia ((, except as 22
provided in subsection (2) of this section )). Cities, towns, and 23
counties or other municipalities may enact only those laws and 24
ordinances relating to drug paraphernalia that are specifically 25
authorized by state law and are consistent with this chapter. Such 26
local ordinances must have the same penalty as provided for by state 27
law. Local laws and ordinances that are inconsistent with, more 28
restrictive than, or exceed the requirements of state law may not be 29
enacted and are preempted and repealed, regardless of the nature of 30
the code, charter, or home rule status of such city, town, county, or 31
municipality. 32
(((2) Nothing in this chapter shall be construed to prohibit 33
cities or counties from enacting laws or ordinances relating to the 34
establishment or regulation of harm reduction services concerning 35
drug paraphernalia.))36
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