Penalties/certain offenses

AN ACT Relating to penalty increases for certain offenses; 1
amending RCW 9A.56.050, 9.94A.533, 69.50.401, and 69.50.4013; and 2
prescribing penalties. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 9A.56.050 and 2009 c 431 s 9 are each amended to 5
read as follows: 6
(1) A person is guilty of theft in the third degree if he or she 7
commits theft of property or services which (a) does not exceed seven 8
hundred fifty dollars in value, or (b) includes ten or more 9
merchandise pallets, or ten or more beverage crates, or a combination 10
of ten or more merchandise pallets and beverage crates.11
(2) Theft in the third degree is a gross misdemeanor.12
(3) Notwithstanding subsection (2) of this section, theft in the 13
third degree is a class C felony punishable according to chapter 14
9A.20 RCW if the person has been convicted twice or more in the past 15
five years of any of the following crimes:16
(a) Theft in the first degree, RCW 9A.56.030;17
(b) Theft in the second degree, RCW 9A.56.040;18
(c) Theft in the third degree, RCW 9A.56.050;19
(d) Theft of a motor vehicle, RCW 9A.56.065;20
(e) Theft of livestock in the first degree, RCW 9A.56.080;21
S-0195.1
SENATE BILL 5530
State of Washington 69th Legislature 2025 Regular Session
By Senators Fortunato and Christian
Read first time 01/28/25. Referred to Committee on Law & Justice.
p. 1 SB 5530
(f) Theft of livestock in the second degree, RCW 9A.56.083;1
(g) Robbery in the first degree, RCW 9A.56.200;2
(h) Robbery in the second degree, RCW 9A.56.210;3
(i) Theft of a firearm, RCW 9A.56.300;4
(j) Theft with the intent to resell, RCW 9A.56.340;5
(k) Organized retail theft, RCW 9A.56.350;6
(l) Retail theft with special circumstances, RCW 9A.56.360;7
(m) Mail theft, RCW 9A.56.370; or8
(n) Theft from a vulnerable adult in the first or second degree, 9
RCW 9A.56.400.10
Sec. 2. RCW 9.94A.533 and 2024 c 301 s 28 are each amended to 11
read as follows: 12
(1) The provisions of this section apply to the standard sentence 13
ranges determined by RCW 9.94A.510 or 9.94A.517. 14
(2) For persons convicted of the anticipatory offenses of 15
criminal attempt, solicitation, or conspiracy under chapter 9A.28 16
RCW, the standard sentence range is determined by locating the 17
sentencing grid sentence range defined by the appropriate offender 18
score and the seriousness level of the completed crime, and 19
multiplying the range by seventy-five percent. 20
(3) The following additional times shall be added to the standard 21
sentence range for felony crimes committed after July 23, 1995, if 22
the offender or an accomplice was armed with a firearm as defined in 23
RCW 9.41.010 and the offender is being sentenced for one of the 24
crimes listed in this subsection as eligible for any firearm 25
enhancements based on the classification of the completed felony 26
crime. If the offender is being sentenced for more than one offense, 27
the firearm enhancement or enhancements must be added to the total 28
period of confinement for all offenses, regardless of which 29
underlying offense is subject to a firearm enhancement. If the 30
offender or an accomplice was armed with a firearm as defined in RCW 31
9.41.010 and the offender is being sentenced for an anticipatory 32
offense under chapter 9A.28 RCW to commit one of the crimes listed in 33
this subsection as eligible for any firearm enhancements, the 34
following additional times shall be added to the standard sentence 35
range determined under subsection (2) of this section based on the 36
felony crime of conviction as classified under RCW 9A.28.020:37
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(a) Five years for any felony defined under any law as a class A 1
felony or with a statutory maximum sentence of at least twenty years, 2
or both, and not covered under (f) of this subsection;3
(b) Three years for any felony defined under any law as a class B 4
felony or with a statutory maximum sentence of ten years, or both, 5
and not covered under (f) of this subsection; 6
(c) Eighteen months for any felony defined under any law as a 7
class C felony or with a statutory maximum sentence of five years, or 8
both, and not covered under (f) of this subsection;9
(d) If the offender is being sentenced for any firearm 10
enhancements under (a), (b), and/or (c) of this subsection and the 11
offender has previously been sentenced for any deadly weapon 12
enhancements after July 23, 1995, under (a), (b), and/or (c) of this 13
subsection or subsection (4)(a), (b), and/or (c) of this section, or 14
both, all firearm enhancements under this subsection shall be twice 15
the amount of the enhancement listed; 16
(e) Notwithstanding any other provision of law, all firearm 17
enhancements under this section are mandatory, shall be served in 18
total confinement, and shall run consecutively to all other 19
sentencing provisions, including other firearm or deadly weapon 20
enhancements, for all offenses sentenced under this chapter. However, 21
whether or not a mandatory minimum term has expired, an offender 22
serving a sentence under this subsection may be: 23
(i) Granted an extraordinary medical placement when authorized 24
under RCW 9.94A.728(1)(c); or 25
(ii) Released under the provisions of RCW 9.94A.730;26
(f) The firearm enhancements in this section shall apply to all 27
felony crimes except the following: Possession of a machine gun or 28
bump-fire stock, possessing a stolen firearm, drive-by shooting, 29
theft of a firearm, unlawful possession of a firearm in the first and 30
second degree, and use of a machine gun or bump-fire stock in a 31
felony; 32
(g) If the standard sentence range under this section exceeds the 33
statutory maximum sentence for the offense, the statutory maximum 34
sentence shall be the presumptive sentence unless the offender is a 35
persistent offender. If the addition of a firearm enhancement 36
increases the sentence so that it would exceed the statutory maximum 37
for the offense, the portion of the sentence representing the 38
enhancement may not be reduced. 39
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(4) The following additional times shall be added to the standard 1
sentence range for felony crimes committed after July 23, 1995, if 2
the offender or an accomplice was armed with a deadly weapon other 3
than a firearm as defined in RCW 9.41.010 and the offender is being 4
sentenced for one of the crimes listed in this subsection as eligible 5
for any deadly weapon enhancements based on the classification of the 6
completed felony crime. If the offender is being sentenced for more 7
than one offense, the deadly weapon enhancement or enhancements must 8
be added to the total period of confinement for all offenses, 9
regardless of which underlying offense is subject to a deadly weapon 10
enhancement. If the offender or an accomplice was armed with a deadly 11
weapon other than a firearm as defined in RCW 9.41.010 and the 12
offender is being sentenced for an anticipatory offense under chapter 13
9A.28 RCW to commit one of the crimes listed in this subsection as 14
eligible for any deadly weapon enhancements, the following additional 15
times shall be added to the standard sentence range determined under 16
subsection (2) of this section based on the felony crime of 17
conviction as classified under RCW 9A.28.020: 18
(a) Two years for any felony defined under any law as a class A 19
felony or with a statutory maximum sentence of at least twenty years, 20
or both, and not covered under (f) of this subsection;21
(b) One year for any felony defined under any law as a class B 22
felony or with a statutory maximum sentence of ten years, or both, 23
and not covered under (f) of this subsection; 24
(c) Six months for any felony defined under any law as a class C 25
felony or with a statutory maximum sentence of five years, or both, 26
and not covered under (f) of this subsection; 27
(d) If the offender is being sentenced under (a), (b), and/or (c) 28
of this subsection for any deadly weapon enhancements and the 29
offender has previously been sentenced for any deadly weapon 30
enhancements after July 23, 1995, under (a), (b), and/or (c) of this 31
subsection or subsection (3)(a), (b), and/or (c) of this section, or 32
both, all deadly weapon enhancements under this subsection shall be 33
twice the amount of the enhancement listed; 34
(e) Notwithstanding any other provision of law, all deadly weapon 35
enhancements under this section are mandatory, shall be served in 36
total confinement, and shall run consecutively to all other 37
sentencing provisions, including other firearm or deadly weapon 38
enhancements, for all offenses sentenced under this chapter. However, 39
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whether or not a mandatory minimum term has expired, an offender 1
serving a sentence under this subsection may be: 2
(i) Granted an extraordinary medical placement when authorized 3
under RCW 9.94A.728(1)(c); or 4
(ii) Released under the provisions of RCW 9.94A.730;5
(f) The deadly weapon enhancements in this section shall apply to 6
all felony crimes except the following: Possession of a machine gun 7
or bump-fire stock, possessing a stolen firearm, drive-by shooting, 8
theft of a firearm, unlawful possession of a firearm in the first and 9
second degree, and use of a machine gun or bump-fire stock in a 10
felony; 11
(g) If the standard sentence range under this section exceeds the 12
statutory maximum sentence for the offense, the statutory maximum 13
sentence shall be the presumptive sentence unless the offender is a 14
persistent offender. If the addition of a deadly weapon enhancement 15
increases the sentence so that it would exceed the statutory maximum 16
for the offense, the portion of the sentence representing the 17
enhancement may not be reduced. 18
(5) The following additional times shall be added to the standard 19
sentence range if the offender or an accomplice committed the offense 20
while in a county jail or state correctional facility and the 21
offender is being sentenced for one of the crimes listed in this 22
subsection. If the offender or an accomplice committed one of the 23
crimes listed in this subsection while in a county jail or state 24
correctional facility, and the offender is being sentenced for an 25
anticipatory offense under chapter 9A.28 RCW to commit one of the 26
crimes listed in this subsection, the following additional times 27
shall be added to the standard sentence range determined under 28
subsection (2) of this section: 29
(a) Eighteen months for offenses committed under RCW 69.50.401(2) 30
(a) or (b) or 69.50.410; 31
(b) Fifteen months for offenses committed under RCW 69.50.401(2) 32
(c), (d), or (e); 33
(c) Twelve months for offenses committed under RCW 69.50.4013.34
For the purposes of this subsection, all of the real property of 35
a state correctional facility or county jail shall be deemed to be 36
part of that facility or county jail. 37
(6) An additional twenty-four months shall be added to the 38
standard sentence range for any ranked offense involving a violation 39
of chapter 69.50 RCW if the offense was also a violation of RCW 40
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69.50.435 or 9.94A.827. All enhancements under this subsection shall 1
run consecutively to all other sentencing provisions, for all 2
offenses sentenced under this chapter. 3
(7) An additional two years shall be added to the standard 4
sentence range for vehicular homicide committed while under the 5
influence of intoxicating liquor or any drug as defined by RCW 6
46.61.502 for each prior offense as defined in RCW 46.61.5055.7
Notwithstanding any other provision of law, all impaired driving 8
enhancements under this subsection are mandatory, shall be served in 9
total confinement, and shall run consecutively to all other 10
sentencing provisions, including other impaired driving enhancements, 11
for all offenses sentenced under this chapter. 12
An offender serving a sentence under this subsection may be 13
granted an extraordinary medical placement when authorized under RCW 14
9.94A.728(1)(c). 15
(8)(a) The following additional times shall be added to the 16
standard sentence range for felony crimes committed on or after July 17
1, 2006, if the offense was committed with sexual motivation, as that 18
term is defined in RCW 9.94A.030. If the offender is being sentenced 19
for more than one offense, the sexual motivation enhancement must be 20
added to the total period of total confinement for all offenses, 21
regardless of which underlying offense is subject to a sexual 22
motivation enhancement. If the offender committed the offense with 23
sexual motivation and the offender is being sentenced for an 24
anticipatory offense under chapter 9A.28 RCW, the following 25
additional times shall be added to the standard sentence range 26
determined under subsection (2) of this section based on the felony 27
crime of conviction as classified under RCW 9A.28.020:28
(i) Two years for any felony defined under the law as a class A 29
felony or with a statutory maximum sentence of at least twenty years, 30
or both; 31
(ii) Eighteen months for any felony defined under any law as a 32
class B felony or with a statutory maximum sentence of ten years, or 33
both; 34
(iii) One year for any felony defined under any law as a class C 35
felony or with a statutory maximum sentence of five years, or both;36
(iv) If the offender is being sentenced for any sexual motivation 37
enhancements under (a)(i), (ii), and/or (iii) of this subsection and 38
the offender has previously been sentenced for any sexual motivation 39
enhancements on or after July 1, 2006, under (a)(i), (ii), and/or 40
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(iii) of this subsection, all sexual motivation enhancements under 1
this subsection shall be twice the amount of the enhancement listed;2
(b) Notwithstanding any other provision of law, all sexual 3
motivation enhancements under this subsection are mandatory, shall be 4
served in total confinement, and shall run consecutively to all other 5
sentencing provisions, including other sexual motivation 6
enhancements, for all offenses sentenced under this chapter. However, 7
whether or not a mandatory minimum term has expired, an offender 8
serving a sentence under this subsection may be: 9
(i) Granted an extraordinary medical placement when authorized 10
under RCW 9.94A.728(1)(c); or 11
(ii) Released under the provisions of RCW 9.94A.730;12
(c) The sexual motivation enhancements in this subsection apply 13
to all felony crimes; 14
(d) If the standard sentence range under this subsection exceeds 15
the statutory maximum sentence for the offense, the statutory maximum 16
sentence shall be the presumptive sentence unless the offender is a 17
persistent offender. If the addition of a sexual motivation 18
enhancement increases the sentence so that it would exceed the 19
statutory maximum for the offense, the portion of the sentence 20
representing the enhancement may not be reduced; 21
(e) The portion of the total confinement sentence which the 22
offender must serve under this subsection shall be calculated before 23
any earned early release time is credited to the offender;24
(f) Nothing in this subsection prevents a sentencing court from 25
imposing a sentence outside the standard sentence range pursuant to 26
RCW 9.94A.535. 27
(9) An additional one -year enhancement shall be added to the 28
standard sentence range for the felony crimes of RCW 9A.44.073, 29
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089 committed on 30
or after July 22, 2007, if the offender engaged, agreed, or offered 31
to engage the victim in the sexual conduct in return for a fee. If 32
the offender is being sentenced for more than one offense, the 33
one-year enhancement must be added to the total period of total 34
confinement for all offenses, regardless of which underlying offense 35
is subject to the enhancement. If the offender is being sentenced for 36
an anticipatory offense for the felony crimes of RCW 9A.44.073, 37
9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, or 9A.44.089, and the 38
offender attempted, solicited another, or conspired to engage, agree, 39
or offer to engage the victim in the sexual conduct in return for a 40
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fee, an additional one -year enhancement shall be added to the 1
standard sentence range determined under subsection (2) of this 2
section. For purposes of this subsection, "sexual conduct" means 3
sexual intercourse or sexual contact, both as defined in chapter 4
9A.44 RCW. 5
(10)(a) For a person age eighteen or older convicted of any 6
criminal street gang-related felony offense for which the person 7
compensated, threatened, or solicited a minor in order to involve the 8
minor in the commission of the felony offense, the standard sentence 9
range is determined by locating the sentencing grid sentence range 10
defined by the appropriate offender score and the seriousness level 11
of the completed crime, and multiplying the range by one hundred 12
twenty-five percent. If the standard sentence range under this 13
subsection exceeds the statutory maximum sentence for the offense, 14
the statutory maximum sentence is the presumptive sentence unless the 15
offender is a persistent offender. 16
(b) This subsection does not apply to any criminal street gang-17
related felony offense for which involving a minor in the commission 18
of the felony offense is an element of the offense.19
(c) The increased penalty specified in (a) of this subsection is 20
unavailable in the event that the prosecution gives notice that it 21
will seek an exceptional sentence based on an aggravating factor 22
under RCW 9.94A.535. 23
(11) An additional twelve months and one day shall be added to 24
the standard sentence range for a conviction of attempting to elude a 25
police vehicle as defined by RCW 46.61.024, if the conviction 26
included a finding by special allegation of endangering one or more 27
persons under RCW 9.94A.834. 28
(12) An additional twelve months shall be added to the standard 29
sentence range for an offense that is also a violation of RCW 30
9.94A.831. 31
(13) An additional twelve months shall be added to the standard 32
sentence range for vehicular homicide committed while under the 33
influence of intoxicating liquor or any drug as defined by RCW 34
46.61.520 or for vehicular assault committed while under the 35
influence of intoxicating liquor or any drug as defined by RCW 36
46.61.522, or for any felony driving under the influence (RCW 37
46.61.502(6)) or felony physical control under the influence (RCW 38
46.61.504(6)) for each child passenger under the age of sixteen who 39
is an occupant in the defendant's vehicle. These enhancements shall 40
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be mandatory, shall be served in total confinement, and shall run 1
consecutively to all other sentencing provisions, including other 2
minor child enhancements, for all offenses sentenced under this 3
chapter. If the addition of a minor child enhancement increases the 4
sentence so that it would exceed the statutory maximum for the 5
offense, the portion of the sentence representing the enhancement 6
shall be mandatory, shall be served in total confinement, and shall 7
run consecutively to all other sentencing provisions.8
(14) An additional twelve months shall be added to the standard 9
sentence range for an offense that is also a violation of RCW 10
9.94A.832. 11
(15) An additional 12 months may, at the discretion of the court, 12
be added to the standard sentence range for an offense that is also a 13
violation of RCW 9.94A.828. 14
(16) When any person takes, damages, or destroys any property in 15
the commission or attempted commission of theft in the first degree, 16
RCW 9A.56.030, theft in the second degree, RCW 9A.56.040, trafficking 17
in stolen property in the second degree, RCW 9A.82.055, trafficking 18
in stolen property in the first degree, RCW 9A.82.050, malicious 19
mischief in the first degree, RCW 9A.48.070, or malicious mischief in 20
the second degree, RCW 9A.48.080, the court shall impose an 21
additional term of confinement as follows:22
(a) If the loss or property value exceeds $50,000, the court 23
shall impose an additional term of one year.24
(b) If the loss or property value exceeds $200,000, the court 25
shall impose an additional term of two years.26
(c) If the loss or property value exceeds $1,000,000, the court 27
shall impose an additional term of three years.28
(d) If the loss or property value exceeds $3,000,000, the court 29
shall impose an additional term of four years.30
(e) For every additional loss or property value of $3,000,000, 31
the court shall impose a term of one year in addition to the term 32
specified in (d) of this subsection.33
(17) A person convicted of conspiracy to manufacture or deliver a 34
controlled substance, or possession with intent to manufacture or 35
deliver a controlled substance with respect to a substance that 36
includes fentanyl, the court shall impose an additional term of 37
confinement as follows:38
(a) If the substance exceeds 28.35 grams (one ounce) by weight, 39
the person shall receive an additional term of three years.40
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(b) If the substance exceeds 100 grams by weight, the person 1
shall receive an additional term of five years.2
(c) If the substance exceeds 500 grams by weight, the person 3
shall receive an additional term of seven years.4
(d) If the substance exceeds one kilogram by weight, the person 5
shall receive an additional term of 10 years.6
(e) If the substance exceeds four kilograms by weight, the person 7
shall receive an additional term of 13 years.8
(f) If the substance exceeds 10 kilograms by weight, the person 9
shall receive an additional term of 16 years.10
(g) If the substance exceeds 20 kilograms by weight, the person 11
shall receive an additional term of 22 years.12
(h) If the substance exceeds 40 kilograms by weight, the person 13
shall receive an additional term of 25 years.14
(i) If the substance exceeds 80 kilograms by weight, the person 15
shall receive an additional term of 28 years.16
(18) Regardless of any provisions in this section, if a person is 17
being sentenced in adult court for a crime committed under age 18
eighteen, the court has full discretion to depart from mandatory 19
sentencing enhancements and to take the particular circumstances 20
surrounding the defendant's youth into account. 21
Sec. 3. RCW 69.50.401 and 2022 c 16 s 84 are each amended to 22
read as follows: 23
(1) Except as authorized by this chapter, it is unlawful for any 24
person to manufacture, deliver, or possess with intent to manufacture 25
or deliver, a controlled substance. 26
(2) Any person who violates this section with respect to:27
(a) A controlled substance classified in Schedule I or II which 28
is a narcotic drug or flunitrazepam, including its salts, isomers, 29
and salts of isomers, classified in Schedule IV, is guilty of a class 30
B felony and upon conviction may be imprisoned for not more than ten 31
years, or (i) fined not more than twenty-five thousand dollars if the 32
crime involved less than two kilograms of the drug, or both such 33
imprisonment and fine; or (ii) if the crime involved two or more 34
kilograms of the drug, then fined not more than one hundred thousand 35
dollars for the first two kilograms and not more than fifty dollars 36
for each gram in excess of two kilograms, or both such imprisonment 37
and fine; 38
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(b) Amphetamine, including its salts, isomers, and salts of 1
isomers, or methamphetamine, including its salts, isomers, and salts 2
of isomers, is guilty of a class B felony and upon conviction may be 3
imprisoned for not more than ten years, or (i) fined not more than 4
twenty-five thousand dollars if the crime involved less than two 5
kilograms of the drug, or both such imprisonment and fine; or (ii) if 6
the crime involved two or more kilograms of the drug, then fined not 7
more than one hundred thousand dollars for the first two kilograms 8
and not more than fifty dollars for each gram in excess of two 9
kilograms, or both such imprisonment and fine. Three thousand dollars 10
of the fine may not be suspended. As collected, the first three 11
thousand dollars of the fine must be deposited with the law 12
enforcement agency having responsibility for cleanup of laboratories, 13
sites, or substances used in the manufacture of the methamphetamine, 14
including its salts, isomers, and salts of isomers. The fine moneys 15
deposited with that law enforcement agency must be used for such 16
clean-up cost; 17
(c) Any other controlled substance classified in Schedule I, II, 18
or III, is guilty of a class C felony punishable according to chapter 19
9A.20 RCW, except as provided in RCW 69.50.475; 20
(d) A substance classified in Schedule IV, except flunitrazepam, 21
including its salts, isomers, and salts of isomers, is guilty of a 22
class C felony punishable according to chapter 9A.20 RCW; or23
(e) A substance classified in Schedule V, is guilty of a class C 24
felony punishable according to chapter 9A.20 RCW. 25
(3) Notwithstanding subsection (2) of this section, any person 26
who violates this section with respect to a substance containing 27
fentanyl is guilty of a class A felony punishable according to 28
chapter 9A.20 RCW.29
(4) The production, manufacture, processing, packaging, delivery, 30
distribution, sale, or possession of cannabis in compliance with the 31
terms set forth in RCW 69.50.360, 69.50.363, or 69.50.366 shall not 32
constitute a violation of this section, this chapter, or any other 33
provision of Washington state law. 34
(((4))) (5) The fines in this section apply to adult offenders 35
only. 36
Sec. 4. RCW 69.50.4013 and 2024 c 9 s 2 are each amended to read 37
as follows: 38
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(1) Except as otherwise authorized by this chapter, it is 1
unlawful for any person to: 2
(a) Knowingly possess a controlled substance unless the substance 3
was obtained directly from, or pursuant to, a valid prescription or 4
order of a practitioner while acting in the course of his or her 5
professional practice; or 6
(b) Knowingly use a controlled substance in a public place, 7
unless the substance was obtained directly from, or pursuant to, a 8
valid prescription or order of a practitioner while acting in the 9
course of his or her professional practice. 10
(2)(a) Except as provided in RCW 69.50.4014 or 69.50.445, a 11
violation of subsection (1)(a) or (b) of this section is a gross 12
misdemeanor punishable by imprisonment of up to 180 days in jail, or 13
by a fine of not more than $1,000, or by both such imprisonment and 14
fine, however, if the defendant has two ((or more)) prior convictions 15
under subsection (1)(a) or (b) of this section occurring after July 16
1, 2023, a violation of subsection (1)(a) or (b) of this section is 17
punishable by imprisonment for up to 364 days, or by a fine of not 18
more than $1,000, or by both such imprisonment and fine. The 19
prosecutor is encouraged to divert such cases for assessment, 20
treatment, or other services. 21
(b) No person may be charged under both subsection (1)(a) and (b) 22
of this section relating to the same course of conduct.23
(c) In lieu of jail booking and referral to the prosecutor, law 24
enforcement is encouraged to offer a referral to assessment and 25
services available under RCW 10.31.110 or other program or entity 26
responsible for receiving referrals in lieu of legal system 27
involvement, which may include, but are not limited to, arrest and 28
jail alternative programs established under RCW 36.28A.450, law 29
enforcement assisted diversion programs established under RCW 30
71.24.589, and the recovery navigator program established under RCW 31
71.24.115. 32
(3) Notwithstanding subsection (2)(a) of this section, a person 33
who violates subsection (1)(a) or (b) of this section who has three 34
or more prior convictions under subsection (1)(a) or (b) of this 35
section occurring after July 1, 2023, shall be guilty of a class C 36
felony punishable under RCW 9A.20.021.37
(4)(a) The possession, by a person 21 years of age or older, of 38
useable cannabis, cannabis concentrates, or cannabis-infused products 39
in amounts that do not exceed those set forth in RCW 69.50.360(3) is 40
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not a violation of this section, this chapter, or any other provision 1
of Washington state law. 2
(b) The possession of cannabis, useable cannabis, cannabis 3
concentrates, and cannabis-infused products being physically 4
transported or delivered within the state, in amounts not exceeding 5
those that may be established under RCW 69.50.385(3), by a licensed 6
employee of a common carrier when performing the duties authorized in 7
accordance with RCW 69.50.382 and 69.50.385, is not a violation of 8
this section, this chapter, or any other provision of Washington 9
state law. 10
(((4))) (5)(a) The delivery by a person 21 years of age or older 11
to one or more persons 21 years of age or older, during a single 24 12
hour period, for noncommercial purposes and not conditioned upon or 13
done in connection with the provision or receipt of financial 14
consideration, of any of the following cannabis products, is not a 15
violation of this section, this chapter, or any other provisions of 16
Washington state law: 17
(i) One-half ounce of useable cannabis; 18
(ii) Eight ounces of cannabis-infused product in solid form;19
(iii) 36 ounces of cannabis-infused product in liquid form unless 20
the cannabis-infused product in liquid form is packaged in individual 21
units containing no more than four milligrams of THC per unit;22
(iv) 100 milligrams of THC within a cannabis-infused product in 23
liquid form if the product is packaged in individual units containing 24
no more than four milligrams of THC per unit; or 25
(v) Three and one-half grams of cannabis concentrates.26
(b) The act of delivering cannabis or a cannabis product as 27
authorized under this subsection (((4))) (5) must meet one of the 28
following requirements: 29
(i) The delivery must be done in a location outside of the view 30
of general public and in a nonpublic place; or 31
(ii) The cannabis or cannabis product must be in the original 32
packaging as purchased from the cannabis retailer.33
(((5))) (6) No person under 21 years of age may manufacture, 34
sell, distribute, or knowingly possess cannabis, cannabis-infused 35
products, or cannabis concentrates, regardless of THC concentration. 36
This does not include qualifying patients with a valid authorization.37
(((6))) (7) The possession by a qualifying patient or designated 38
provider of cannabis concentrates, useable cannabis, cannabis-infused 39
products, or plants in accordance with chapter 69.51A RCW is not a 40
p. 13 SB 5530
violation of this section, this chapter, or any other provision of 1
Washington state law. 2
(((7))) (8) For the purposes of this section, "public place" has 3
the same meaning as defined in RCW 66.04.010, but the exclusions in 4
RCW 66.04.011 do not apply. 5
(((8))) (9) For the purposes of this section, "use a controlled 6
substance" means to introduce the substance into the human body by 7
injection, inhalation, ingestion, or any other means.8
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p. 14 SB 5530