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, 69.50.505, 69.50.101, and 69.50.101; adding new sections 3
to chapter 69.50 RCW; prescribing penalties; providing an effective 4
date; and providing an expiration date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 69.50.4013 and 2024 c 9 s 2 are each amended to read 7
as follows: 8
(1) Except as otherwise authorized by this chapter, it is 9
unlawful for any person to: 10
(a) Knowingly possess a controlled substance unless the substance 11
was obtained directly from, or pursuant to, a valid prescription or 12
order of a practitioner while acting in the course of his or her 13
professional practice; or 14
(b) Knowingly use a controlled substance in a public place, 15
unless the substance was obtained directly from, or pursuant to, a 16
valid prescription or order of a practitioner while acting in the 17
course of his or her professional practice. 18
(2)(a) Except as provided in RCW 69.50.4014 ((or)), 69.50.445, or 19
subsection (7) of this section, a violation of subsection (1)(a) or 20
(b) of this section is a gross misdemeanor punishable by imprisonment 21
S-3906.1
SENATE BILL 6204
State of Washington 69th Legislature 2026 Regular Session
By Senators Saldaña, Frame, and Nobles
Read first time 01/19/26. Referred to Committee on Labor & Commerce.
p. 1 SB 6204
of up to 180 days in jail, or by a fine of not more than $1,000, or 1
by both such imprisonment and fine, however, if the defendant has two 2
or more prior convictions under subsection (1)(a) or (b) of this 3
section occurring after July 1, 2023, a violation of subsection 4
(1)(a) or (b) of this section is punishable by imprisonment for up to 5
364 days, or by a fine of not more than $1,000, or by both such 6
imprisonment and fine. The prosecutor is encouraged to divert such 7
cases for assessment, treatment, or other services.8
(b) No person may be charged under both subsection (1)(a) and (b) 9
of this section , or both subsections (1)(a) and (7) of this section, 10
relating to the same course of conduct. 11
(c) In lieu of jail booking and referral to the prosecutor, law 12
enforcement is encouraged to offer a referral to assessment and 13
services available under RCW 10.31.110 or other program or entity 14
responsible for receiving referrals in lieu of legal system 15
involvement, which may include, but are not limited to, arrest and 16
jail alternative programs established under RCW 36.28A.450, law 17
enforcement assisted diversion programs established under RCW 18
71.24.589, and the recovery navigator program established under RCW 19
71.24.115. 20
(3)(a) The possession, by a person 21 years of age or older, of 21
useable cannabis, cannabis concentrates, or cannabis-infused products 22
in amounts that do not exceed those set forth in RCW 69.50.360(3), in 23
addition to plants and the cannabis and cannabis products derived 24
from those plants as authorized under subsection (7) of this section, 25
is not a violation of this section, this chapter, or any other 26
provision of Washington state law. 27
(b) The possession of cannabis, useable cannabis, cannabis 28
concentrates, and cannabis-infused products being physically 29
transported or delivered within the state, in amounts not exceeding 30
those that may be established under RCW 69.50.385(3), by a licensed 31
employee of a common carrier when performing the duties authorized in 32
accordance with RCW 69.50.382 and 69.50.385, is not a violation of 33
this section, this chapter, or any other provision of Washington 34
state law. 35
(4)(a) The delivery by a person 21 years of age or older to one 36
or more persons 21 years of age or older, during a single 24 hour 37
period, for noncommercial purposes and not conditioned upon or done 38
in connection with the provision or receipt of financial 39
consideration, of any of the following cannabis products, is not a 40
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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
(f) Any extraction or separation of resin from cannabis and any 23
production or processing of any form of cannabis concentrates or 24
cannabis-infused products must be performed in accordance with rules 25
adopted under RCW 69.51A.270.26
(g) No production, processing, or possession of plants or 27
cannabis from those plants, as authorized in this subsection (7), may 28
occur in a housing unit that is used to provide early childhood 29
education and early learning services by a family day care provider 30
as defined in RCW 43.216.010 or a foster family home as defined in 31
RCW 74.15.020.32
(h) The provisions of this subsection (7) do not apply to a 33
person who is supervised for a criminal conviction by a corrections 34
agency or department, including local governments or jails, that has 35
determined that the terms of this subsection (7) are inconsistent 36
with and contrary to his or her supervision.37
(i) Nothing in this subsection (7) prevents or restricts a 38
property owner from prohibiting the cultivation of plants by a renter 39
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or lessee upon or within the property under the terms of a rental 1
agreement, lease, or other contract. 2
(8) For the purposes of this section((, "public)):3
(a) "Housing unit" has the meaning provided in RCW 69.51A.010.4
(b) "Ordinary public view" means within the sight line with 5
normal visual range of a person, unassisted by any elevating devices 6
or visual aids, from a public street or sidewalk adjacent to real 7
property, or from within an adjacent property.8
(c) "Public place" has the same meaning as defined in RCW 9
66.04.010, but the exclusions in RCW 66.04.011 do not apply.10
(((8) For the purposes of this section, "use))11
(d) "Use a controlled substance" means to introduce the substance 12
into the human body by injection, inhalation, ingestion, or any other 13
means. 14
Sec. 2. RCW 69.50.401 and 2022 c 16 s 84 are each amended to 15
read as follows: 16
(1) Except as authorized by this chapter, it is unlawful for any 17
person to manufacture, deliver, or possess with intent to manufacture 18
or deliver, a controlled substance. 19
(2) Any person who violates this section with respect to:20
(a) A controlled substance classified in Schedule I or II which 21
is a narcotic drug or flunitrazepam, including its salts, isomers, 22
and salts of isomers, classified in Schedule IV, is guilty of a class 23
B felony and upon conviction may be imprisoned for not more than 24
((ten)) 10 years, or (i) fined not more than ((twenty-five thousand 25
dollars)) $25,000 if the crime involved less than two kilograms of 26
the drug, or both such imprisonment and fine; or (ii) if the crime 27
involved two or more kilograms of the drug, then fined not more than 28
((one hundred thousand dollars )) $100,000 for the first two kilograms 29
and not more than ((fifty dollars )) $50 for each gram in excess of 30
two kilograms, or both such imprisonment and fine;31
(b) Amphetamine, including its salts, isomers, and salts of 32
isomers, or methamphetamine, including its salts, isomers, and salts 33
of isomers, is guilty of a class B felony and upon conviction may be 34
imprisoned for not more than ((ten)) 10 years, or (i) fined not more 35
than ((twenty-five thousand dollars )) $25,000 if the crime involved 36
less than two kilograms of the drug, or both such imprisonment and 37
fine; or (ii) if the crime involved two or more kilograms of the 38
drug, then fined not more than ((one hundred thousand dollars )) 39
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$100,000 for the first two kilograms and not more than ((fifty 1
dollars)) $50 for each gram in excess of two kilograms, or both such 2
imprisonment and fine. ((Three thousand dollars )) $3,000 of the fine 3
may not be suspended. As collected, the first ((three thousand 4
dollars)) $3,000 of the fine must be deposited with the law 5
enforcement agency having responsibility for cleanup of laboratories, 6
sites, or substances used in the manufacture of the methamphetamine, 7
including its salts, isomers, and salts of isomers. The fine moneys 8
deposited with that law enforcement agency must be used for such 9
clean-up cost; 10
(c) Any other controlled substance classified in Schedule I, II, 11
or III, is guilty of a class C felony punishable according to chapter 12
9A.20 RCW, except as provided in RCW 69.50.475 or 69.50.4013(7);13
(d) A substance classified in Schedule IV, except flunitrazepam, 14
including its salts, isomers, and salts of isomers, is guilty of a 15
class C felony punishable according to chapter 9A.20 RCW; or16
(e) A substance classified in Schedule V, is guilty of a class C 17
felony punishable according to chapter 9A.20 RCW. 18
(3) The production, manufacture, processing, packaging, delivery, 19
distribution, sale, or possession of cannabis in compliance with the 20
terms set forth in RCW 69.50.360, 69.50.363, or 69.50.366 shall not 21
constitute a violation of this section, this chapter, or any other 22
provision of Washington state law. 23
(4) The fines in this section apply to adult offenders only.24
Sec. 3. RCW 69.50.505 and 2025 c 306 s 13 are each amended to 25
read as follows: 26
(1) The following are subject to seizure and forfeiture and no 27
property right exists in them: 28
(a) All controlled substances which have been manufactured, 29
distributed, dispensed, acquired, or possessed in violation of this 30
chapter or chapter 69.41 or 69.52 RCW, and all hazardous chemicals, 31
as defined in RCW 64.44.010, used or intended to be used in the 32
manufacture of controlled substances; 33
(b) All raw materials, products, and equipment of any kind which 34
are used, or intended for use, in manufacturing, compounding, 35
processing, delivering, importing, or exporting any controlled 36
substance in violation of this chapter or chapter 69.41 or 69.52 RCW;37
(c) All property which is used, or intended for use, as a 38
container for property described in (a) or (b) of this subsection;39
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(d) All conveyances, including aircraft, vehicles, or vessels, 1
which are used, or intended for use, in any manner to facilitate the 2
sale, delivery, or receipt of property described in (a) or (b) of 3
this subsection, except that: 4
(i) No conveyance used by any person as a common carrier in the 5
transaction of business as a common carrier is subject to forfeiture 6
under this section unless it appears that the owner or other person 7
in charge of the conveyance is a consenting party or privy to a 8
violation of this chapter or chapter 69.41 or 69.52 RCW;9
(ii) No conveyance is subject to forfeiture under this section by 10
reason of any act or omission committed or omitted without the 11
owner's knowledge or consent; 12
(iii) No conveyance is subject to forfeiture under this section 13
if used in the receipt of only an amount of cannabis for which 14
possession constitutes a misdemeanor under RCW 69.50.4014;15
(iv) A forfeiture of a conveyance encumbered by a bona fide 16
security interest is subject to the interest of the secured party if 17
the secured party neither had knowledge of nor consented to the act 18
or omission; and 19
(v) When the owner of a conveyance has been arrested under this 20
chapter or chapter 69.41 or 69.52 RCW the conveyance in which the 21
person is arrested may not be subject to forfeiture unless it is 22
seized or process is issued for its seizure within ((ten)) 10 days of 23
the owner's arrest; 24
(e) All books, records, and research products and materials, 25
including formulas, microfilm, tapes, and data which are used, or 26
intended for use, in violation of this chapter or chapter 69.41 or 27
69.52 RCW; 28
(f) All drug paraphernalia other than paraphernalia possessed, 29
sold, or used solely to facilitate cannabis-related activities that 30
are not violations of this chapter; 31
(g) All moneys, negotiable instruments, securities, or other 32
tangible or intangible property of value furnished or intended to be 33
furnished by any person in exchange for a controlled substance in 34
violation of this chapter or chapter 69.41 or 69.52 RCW, all tangible 35
or intangible personal property, proceeds, or assets acquired in 36
whole or in part with proceeds traceable to an exchange or series of 37
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW, 38
and all moneys, negotiable instruments, and securities used or 39
intended to be used to facilitate any violation of this chapter or 40
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chapter 69.41 or 69.52 RCW. A forfeiture of money, negotiable 1
instruments, securities, or other tangible or intangible property 2
encumbered by a bona fide security interest is subject to the 3
interest of the secured party if, at the time the security interest 4
was created, the secured party neither had knowledge of nor consented 5
to the act or omission. No personal property may be forfeited under 6
this subsection (1)(g), to the extent of the interest of an owner, by 7
reason of any act or omission committed or omitted without the 8
owner's knowledge or consent; and 9
(h) All real property, including any right, title, and interest 10
in the whole of any lot or tract of land, and any appurtenances or 11
improvements which are being used with the knowledge of the owner for 12
the manufacturing, compounding, processing, delivery, importing, or 13
exporting of any controlled substance, or which have been acquired in 14
whole or in part with proceeds traceable to an exchange or series of 15
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW, 16
if such activity is not less than a class C felony and a substantial 17
nexus exists between the commercial production or sale of the 18
controlled substance and the real property. However:19
(i) No property may be forfeited pursuant to this subsection 20
(1)(h), to the extent of the interest of an owner, by reason of any 21
act or omission committed or omitted without the owner's knowledge or 22
consent; 23
(ii) The bona fide gift of a controlled substance, legend drug, 24
or imitation controlled substance shall not result in the forfeiture 25
of real property; 26
(iii) The acquisition, delivery, production, or possession of 27
cannabis, useable cannabis, cannabis concentrates, or cannabis-28
infused products including in the manner and in the amount provided 29
in RCW 69.50.4013(7), shall not result in the forfeiture of real 30
property unless the cannabis is possessed for commercial purposes 31
that are unlawful under Washington state law, the amount possessed is 32
((five)) 16 or more plants or , except as authorized in RCW 33
69.50.4013(7), one pound or more of cannabis, and a substantial nexus 34
exists between the possession of cannabis and the real property. In 35
such a case, the intent of the offender shall be determined by the 36
preponderance of the evidence, including the offender's prior 37
criminal history, the amount of cannabis possessed by the offender, 38
the sophistication of the activity or equipment used by the offender, 39
whether the offender was licensed to produce, process, or sell 40
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cannabis, or was an employee of a licensed producer, processor, or 1
retailer, and other evidence which demonstrates the offender's intent 2
to engage in unlawful commercial activity; 3
(iv) The unlawful sale of cannabis or a legend drug shall not 4
result in the forfeiture of real property unless the sale was 5
((forty)) 40 grams or more in the case of cannabis or ((one hundred 6
dollars)) $100 or more in the case of a legend drug, and a 7
substantial nexus exists between the unlawful sale and the real 8
property; and 9
(v) A forfeiture of real property encumbered by a bona fide 10
security interest is subject to the interest of the secured party if 11
the secured party, at the time the security interest was created, 12
neither had knowledge of nor consented to the act or omission.13
(2) Real or personal property subject to forfeiture under this 14
chapter may be seized by any commission inspector or law enforcement 15
officer of this state upon process issued by any superior court 16
having jurisdiction over the property. Seizure of real property shall 17
include the filing of a lis pendens by the seizing agency. Real 18
property seized under this section shall not be transferred or 19
otherwise conveyed until ((ninety)) 90 days after seizure or until a 20
judgment of forfeiture is entered, whichever is later ((: PROVIDED, 21
That)). However, real property seized under this section may be 22
transferred or conveyed to any person or entity who acquires title by 23
foreclosure or deed in lieu of foreclosure of a security interest. 24
Seizure of personal property without process may be made if:25
(a) The seizure is incident to an arrest or a search under a 26
search warrant or an inspection under an administrative inspection 27
warrant; 28
(b) The property subject to seizure has been the subject of a 29
prior judgment in favor of the state in a criminal injunction or 30
forfeiture proceeding based upon this chapter; 31
(c) A commission inspector or law enforcement officer has 32
probable cause to believe that the property is directly or indirectly 33
dangerous to health or safety; or 34
(d) The commission inspector or law enforcement officer has 35
probable cause to believe that the property was used or is intended 36
to be used in violation of this chapter. 37
(3) In the event of seizure pursuant to subsection (2) of this 38
section, proceedings for forfeiture shall be deemed commenced by the 39
seizure. The law enforcement agency under whose authority the seizure 40
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was made shall cause notice to be served within fifteen days 1
following the seizure on the owner of the property seized and the 2
person in charge thereof and any person having any known right or 3
interest therein, including any community property interest, of the 4
seizure and intended forfeiture of the seized property. Service of 5
notice of seizure of real property shall be made according to the 6
rules of civil procedure. However, the state may not obtain a default 7
judgment with respect to real property against a party who is served 8
by substituted service absent an affidavit stating that a good faith 9
effort has been made to ascertain if the defaulted party is 10
incarcerated within the state, and that there is no present basis to 11
believe that the party is incarcerated within the state. Notice of 12
seizure in the case of property subject to a security interest that 13
has been perfected by filing a financing statement in accordance with 14
chapter 62A.9A RCW, or a certificate of title, shall be made by 15
service upon the secured party or the secured party's assignee at the 16
address shown on the financing statement or the certificate of title. 17
The notice of seizure in other cases may be served by any method 18
authorized by law or court rule including but not limited to service 19
by certified mail with return receipt requested. Service by mail 20
shall be deemed complete upon mailing within the ((fifteen)) 15-day 21
period following the seizure. 22
(4) If no person notifies the seizing law enforcement agency in 23
writing of the person's claim of ownership or right to possession of 24
items specified in subsection (1)(d), (g), or (h) of this section 25
within 60 days of the service of notice from the seizing agency in 26
the case of personal property and 120 days in the case of real 27
property, the item seized shall be deemed forfeited. The community 28
property interest in real property of a person whose spouse or 29
domestic partner committed a violation giving rise to seizure of the 30
real property may not be forfeited if the person did not participate 31
in the violation. 32
(5) If any person notifies the seizing law enforcement agency in 33
writing of the person's claim of ownership or right to possession of 34
items specified in subsection (1)(b), (c), (d), (e), (f), (g), or (h) 35
of this section within 60 days of the service of notice from the 36
seizing agency in the case of personal property and 120 days in the 37
case of real property, the person or persons shall be afforded a 38
reasonable opportunity to be heard as to the claim or right. The 39
notice of claim may be served by any method authorized by law or 40
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court rule including, but not limited to, service by first-class 1
mail. Service by mail shall be deemed complete upon mailing within 2
the 60-day period following service of the notice of seizure in the 3
case of personal property and within the 120-day period following 4
service of the notice of seizure in the case of real property. The 5
hearing shall be before the chief law enforcement officer of the 6
seizing agency or the chief law enforcement officer's designee, 7
except where the seizing agency is a state agency as defined in RCW 8
34.12.020(4), the hearing shall be before the chief law enforcement 9
officer of the seizing agency or an administrative law judge 10
appointed under chapter 34.12 RCW, except that any person asserting a 11
claim or right may remove the matter to a court of competent 12
jurisdiction. Removal of any matter involving personal property may 13
only be accomplished according to the rules of civil procedure. The 14
person seeking removal of the matter must serve process against the 15
state, county, political subdivision, or municipality that operates 16
the seizing agency, and any other party of interest, in accordance 17
with RCW 4.28.080 or 4.92.020, within ((forty-five)) 45 days after 18
the person seeking removal has notified the seizing law enforcement 19
agency of the person's claim of ownership or right to possession. The 20
court to which the matter is to be removed shall be the district 21
court, or the municipal court for the jurisdiction in which the 22
property was seized, when the aggregate value of personal property is 23
within the jurisdictional limit set forth in RCW 3.66.020. A hearing 24
before the seizing agency and any appeal therefrom shall be under 25
Title 34 RCW. In all cases, the burden of proof is upon the law 26
enforcement agency to establish, by clear, cogent, and convincing 27
evidence, that the property is subject to forfeiture.28
The seizing law enforcement agency shall promptly return the 29
article or articles to the claimant, in a substantially similar 30
condition as when seized, upon a determination by the administrative 31
law judge or court that the claimant is the present lawful owner or 32
is lawfully entitled to possession thereof of items specified in 33
subsection (1)(b), (c), (d), (e), (f), (g), or (h) of this section.34
(6) In any proceeding to forfeit property under this title, where 35
the claimant substantially prevails, the claimant is entitled to 36
reasonable attorneys' fees reasonably incurred by the claimant. In 37
addition, in a court hearing between two or more claimants to the 38
article or articles involved, the prevailing party is entitled to a 39
judgment for costs and reasonable attorneys' fees.40
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(7) When property is forfeited under this chapter the commission 1
or seizing law enforcement agency may: 2
(a) Retain it for official use or upon application by any law 3
enforcement agency of this state release such property to such agency 4
for the exclusive use of enforcing the provisions of this chapter;5
(b) Sell that which is not required to be destroyed by law and 6
which is not harmful to the public; 7
(c) Request the appropriate sheriff or director of public safety 8
to take custody of the property and remove it for disposition in 9
accordance with law; or 10
(d) Forward it to the drug enforcement administration for 11
disposition. 12
(8)(a) By January 31st of each year, each seizing agency shall 13
remit to the state an amount equal to ((ten)) 10 percent of the net 14
proceeds of any property forfeited during the preceding calendar year 15
for deposit into the behavioral health loan repayment and scholarship 16
program account created in RCW 28B.115.135 through June 30, 2027, and 17
into the state general fund thereafter. 18
(b) The net proceeds of forfeited property is the value of the 19
forfeitable interest in the property after deducting the cost of 20
satisfying any bona fide security interest to which the property is 21
subject at the time of seizure; and in the case of sold property, 22
after deducting the cost of sale, including reasonable fees or 23
commissions paid to independent selling agents, and the cost of any 24
valid landlord's claim for damages under subsection (14) of this 25
section. 26
(c) The value of sold forfeited property is the sale price. The 27
value of retained forfeited property is the fair market value of the 28
property at the time of seizure, determined when possible by 29
reference to an applicable commonly used index, such as the index 30
used by the department of licensing for valuation of motor vehicles. 31
A seizing agency may use, but need not use, an independent qualified 32
appraiser to determine the value of retained property. If an 33
appraiser is used, the value of the property appraised is net of the 34
cost of the appraisal. The value of destroyed property and retained 35
firearms or illegal property is zero. 36
(9) Forfeited property and net proceeds not required to be 37
remitted to the state shall be retained by the seizing law 38
enforcement agency exclusively for the expansion and improvement of 39
controlled substances related law enforcement activity. If the 40
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seizing agency is a port district operating an airport in a county 1
with a population of more than one million, it may use the net 2
proceeds not required to be remitted to the state for purposes 3
related to controlled substances law enforcement, substance abuse 4
education, human trafficking interdiction, and responsible gun 5
ownership. Money retained under this section may not be used to 6
supplant preexisting funding sources. 7
(10) Controlled substances listed in Schedule I, II, III, IV, and 8
V that are possessed, transferred, sold, or offered for sale in 9
violation of this chapter are contraband and shall be seized and 10
summarily forfeited to the state. Controlled substances listed in 11
Schedule I, II, III, IV, and V, which are seized or come into the 12
possession of the commission, the owners of which are unknown, are 13
contraband and shall be summarily forfeited to the commission.14
(11) Species of plants from which controlled substances in 15
Schedules I and II may be derived which have been planted or 16
cultivated in violation of this chapter, or of which the owners or 17
cultivators are unknown, or which are wild growths, may be seized and 18
summarily forfeited to the commission. 19
(12) The failure, upon demand by a commission inspector or law 20
enforcement officer, of the person in occupancy or in control of land 21
or premises upon which the species of plants are growing or being 22
stored to produce an appropriate registration or proof that he or she 23
is the holder thereof constitutes authority for the seizure and 24
forfeiture of the plants. 25
(13) Upon the entry of an order of forfeiture of real property, 26
the court shall forward a copy of the order to the assessor of the 27
county in which the property is located. Orders for the forfeiture of 28
real property shall be entered by the superior court, subject to 29
court rules. Such an order shall be filed by the seizing agency in 30
the county auditor's records in the county in which the real property 31
is located. 32
(14)(a) A landlord may assert a claim against proceeds from the 33
sale of assets seized and forfeited under subsection (7)(b) of this 34
section, only if: 35
(i) A law enforcement officer, while acting in his or her 36
official capacity, directly caused damage to the complaining 37
landlord's property while executing a search of a tenant's residence; 38
and 39
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(ii) The landlord has applied any funds remaining in the tenant's 1
deposit, to which the landlord has a right under chapter 59.18 RCW, 2
to cover the damage directly caused by a law enforcement officer 3
prior to asserting a claim under the provisions of this section;4
(A) Only if the funds applied under (a)(ii) of this subsection 5
are insufficient to satisfy the damage directly caused by a law 6
enforcement officer, may the landlord seek compensation for the 7
damage by filing a claim against the governmental entity under whose 8
authority the law enforcement agency operates within ((thirty)) 30 9
days after the search; 10
(B) Only if the governmental entity denies or fails to respond to 11
the landlord's claim within ((sixty)) 60 days of the date of filing, 12
may the landlord collect damages under this subsection by filing 13
within ((thirty)) 30 days of denial or the expiration of the 14
((sixty)) 60-day period, whichever occurs first, a claim with the 15
seizing law enforcement agency. The seizing law enforcement agency 16
must notify the landlord of the status of the claim by the end of the 17
((thirty)) 30-day period. Nothing in this section requires the claim 18
to be paid by the end of the ((sixty-day or thirty-day )) 60-day or 19
30-day period. 20
(b) For any claim filed under (a)(ii) of this subsection, the law 21
enforcement agency shall pay the claim unless the agency provides 22
substantial proof that the landlord either: 23
(i) Knew or consented to actions of the tenant in violation of 24
this chapter or chapter 69.41 or 69.52 RCW; or 25
(ii) Failed to respond to a notification of the illegal activity, 26
provided by a law enforcement agency under RCW 59.18.075, within 27
seven days of receipt of notification of the illegal activity.28
(15) The landlord's claim for damages under subsection (14) of 29
this section may not include a claim for loss of business and is 30
limited to: 31
(a) Damage to tangible property and clean-up costs;32
(b) The lesser of the cost of repair or fair market value of the 33
damage directly caused by a law enforcement officer;34
(c) The proceeds from the sale of the specific tenant's property 35
seized and forfeited under subsection (7)(b) of this section; and36
(d) The proceeds available after the seizing law enforcement 37
agency satisfies any bona fide security interest in the tenant's 38
property and costs related to sale of the tenant's property as 39
provided by subsection (8)(b) of this section. 40
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(16) Subsections (14) and (15) of this section do not limit any 1
other rights a landlord may have against a tenant to collect for 2
damages. However, if a law enforcement agency satisfies a landlord's 3
claim under subsection (14) of this section, the rights the landlord 4
has against the tenant for damages directly caused by a law 5
enforcement officer under the terms of the landlord and tenant's 6
contract are subrogated to the law enforcement agency.7
(17) The protections afforded by the service members' civil 8
relief act, chapter 38.42 RCW, are applicable to proceedings under 9
this section. 10
Sec. 4. RCW 69.50.101 and 2024 c 62 s 17 are each amended to 11
read as follows: 12
The definitions in this section apply throughout this chapter 13
unless the context clearly requires otherwise. 14
(1) "Administer" means to apply a controlled substance, whether 15
by injection, inhalation, ingestion, or any other means, directly to 16
the body of a patient or research subject by: 17
(a) a practitioner authorized to prescribe (or, by the 18
practitioner's authorized agent); or 19
(b) the patient or research subject at the direction and in the 20
presence of the practitioner. 21
(2) "Agent" means an authorized person who acts on behalf of or 22
at the direction of a manufacturer, distributor, or dispenser. It 23
does not include a common or contract carrier, public 24
warehouseperson, or employee of the carrier or warehouseperson.25
(3) "Board" means the Washington state liquor and cannabis board.26
(4) "Cannabis" means all parts of the plant Cannabis, whether 27
growing or not, with a THC concentration greater than 0.3 percent on 28
a dry weight basis during the growing cycle through harvest and 29
usable cannabis. "Cannabis" does not include hemp or industrial hemp 30
as defined in RCW 15.140.020, or seeds used for licensed hemp 31
production under chapter 15.140 RCW. 32
(5) "Cannabis concentrates" means products consisting wholly or 33
in part of the resin extracted from any part of the plant Cannabis 34
and having a THC concentration greater than ten percent.35
(6) "Cannabis processor" means a person licensed by the board to 36
process cannabis into cannabis concentrates, useable cannabis, and 37
cannabis-infused products, package and label cannabis concentrates, 38
useable cannabis, and cannabis-infused products for sale in retail 39
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outlets, and sell cannabis concentrates, useable cannabis, and 1
cannabis-infused products at wholesale to cannabis retailers.2
(7) "Cannabis producer" means a person licensed by the board to 3
produce and sell cannabis at wholesale to cannabis processors and 4
other cannabis producers. 5
(8)(a) "Cannabis products" means useable cannabis, cannabis 6
concentrates, and cannabis-infused products as defined in this 7
section, including any product intended to be consumed or absorbed 8
inside the body by any means including inhalation, ingestion, or 9
insertion, with any detectable amount of THC. 10
(b) "Cannabis products" also means any product containing only 11
THC content. 12
(c) "Cannabis products" does not include cannabis health and 13
beauty aids as defined in RCW 69.50.575 or products approved by the 14
United States food and drug administration. 15
(9) "Cannabis researcher" means a person licensed by the board to 16
produce, process, and possess cannabis for the purposes of conducting 17
research on cannabis and cannabis-derived drug products.18
(10) "Cannabis retailer" means a person licensed by the board to 19
sell cannabis concentrates, useable cannabis, and cannabis-infused 20
products in a retail outlet. 21
(11) "Cannabis-infused products" means products that contain 22
cannabis or cannabis extracts, are intended for human use, are 23
derived from cannabis as defined in subsection (4) of this section, 24
and have a THC concentration no greater than ((ten)) 10 percent. The 25
term "cannabis-infused products" does not include either useable 26
cannabis or cannabis concentrates. 27
(12) "CBD concentration" has the meaning provided in RCW 28
69.51A.010. 29
(13) "CBD product" means any product containing or consisting of 30
cannabidiol. 31
(14) "Commercial activity" means an activity related to or 32
connected with buying, selling, or bartering.33
(15) "Commission" means the pharmacy quality assurance 34
commission. 35
(((15))) (16) "Controlled substance" means a drug, substance, or 36
immediate precursor included in Schedules I through V as set forth in 37
federal or state laws, or federal or commission rules, but does not 38
include hemp or industrial hemp as defined in RCW 15.140.020.39
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(((16))) (17)(a) "Controlled substance analog" means a substance 1
the chemical structure of which is substantially similar to the 2
chemical structure of a controlled substance in Schedule I or II and:3
(i) that has a stimulant, depressant, or hallucinogenic effect on 4
the central nervous system substantially similar to the stimulant, 5
depressant, or hallucinogenic effect on the central nervous system of 6
a controlled substance included in Schedule I or II; or7
(ii) with respect to a particular individual, that the individual 8
represents or intends to have a stimulant, depressant, or 9
hallucinogenic effect on the central nervous system substantially 10
similar to the stimulant, depressant, or hallucinogenic effect on the 11
central nervous system of a controlled substance included in Schedule 12
I or II. 13
(b) The term does not include: 14
(i) a controlled substance; 15
(ii) a substance for which there is an approved new drug 16
application; 17
(iii) a substance with respect to which an exemption is in effect 18
for investigational use by a particular person under Section 505 of 19
the federal food, drug, and cosmetic act, 21 U.S.C. Sec. 355, or 20
chapter 69.77 RCW to the extent conduct with respect to the substance 21
is pursuant to the exemption; or 22
(iv) any substance to the extent not intended for human 23
consumption before an exemption takes effect with respect to the 24
substance. 25
(((17))) (18) "Deliver" or "delivery" means the actual or 26
constructive transfer from one person to another of a substance, 27
whether or not there is an agency relationship. 28
(((18))) (19) "Department" means the department of health.29
(((19))) (20) "Designated provider" has the meaning provided in 30
RCW 69.51A.010. 31
(((20))) (21) "Dispense" means the interpretation of a 32
prescription or order for a controlled substance and, pursuant to 33
that prescription or order, the proper selection, measuring, 34
compounding, labeling, or packaging necessary to prepare that 35
prescription or order for delivery. 36
(((21))) (22) "Dispenser" means a practitioner who dispenses.37
(((22))) (23) "Distribute" means to deliver other than by 38
administering or dispensing a controlled substance.39
(((23))) (24) "Distributor" means a person who distributes.40
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(((24))) (25) "Drug" means (a) a controlled substance recognized 1
as a drug in the official United States pharmacopoeia/national 2
formulary or the official homeopathic pharmacopoeia of the United 3
States, or any supplement to them; (b) controlled substances intended 4
for use in the diagnosis, cure, mitigation, treatment, or prevention 5
of disease in individuals or animals; (c) controlled substances 6
(other than food) intended to affect the structure or any function of 7
the body of individuals or animals; and (d) controlled substances 8
intended for use as a component of any article specified in (a), (b), 9
or (c) of this subsection. The term does not include devices or their 10
components, parts, or accessories. 11
(((25))) (26) "Drug enforcement administration" means the drug 12
enforcement administration in the United States Department of 13
Justice, or its successor agency. 14
(((26))) (27) "Electronic communication of prescription 15
information" means the transmission of a prescription or refill 16
authorization for a drug of a practitioner using computer systems. 17
The term does not include a prescription or refill authorization 18
verbally transmitted by telephone nor a facsimile manually signed by 19
the practitioner. 20
(((27))) (28) "Immature plant or clone" means a plant or clone 21
that has no flowers, is less than ((twelve)) 12 inches in height, and 22
is less than ((twelve)) 12 inches in diameter. 23
(((28))) (29) "Immediate precursor" means a substance:24
(a) that the commission has found to be and by rule designates as 25
being the principal compound commonly used, or produced primarily for 26
use, in the manufacture of a controlled substance;27
(b) that is an immediate chemical intermediary used or likely to 28
be used in the manufacture of a controlled substance; and29
(c) the control of which is necessary to prevent, curtail, or 30
limit the manufacture of the controlled substance.31
(((29))) (30) "Isomer" means an optical isomer, but in subsection 32
(((33))) (34)(e) of this section, RCW 69.50.204(1) (l) and (hh), and 33
69.50.206(2)(d), the term includes any geometrical isomer; in RCW 34
69.50.204(1) (h) and (pp)((,)) and 69.50.210(3)(([,])), the term 35
includes any positional isomer; and in RCW 69.50.204(1)(ii), 36
69.50.204(3), and 69.50.208(1)(([,])), the term includes any 37
positional or geometric isomer. 38
(((30))) (31) "Lot" means a definite quantity of cannabis, 39
cannabis concentrates, useable cannabis, or cannabis-infused product 40
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identified by a lot number, every portion or package of which is 1
uniform within recognized tolerances for the factors that appear in 2
the labeling. 3
(((31))) (32) "Lot number" must identify the licensee by business 4
or trade name and Washington state unified business identifier 5
number, and the date of harvest or processing for each lot of 6
cannabis, cannabis concentrates, useable cannabis, or cannabis-7
infused product. 8
(((32))) (33) "Manufacture" means the production, preparation, 9
propagation, compounding, conversion, or processing of a controlled 10
substance, either directly or indirectly or by extraction from 11
substances of natural origin, or independently by means of chemical 12
synthesis, or by a combination of extraction and chemical synthesis, 13
and includes any packaging or repackaging of the substance or 14
labeling or relabeling of its container. The term does not include 15
the preparation, compounding, packaging, repackaging, labeling, or 16
relabeling of a controlled substance: 17
(a) by a practitioner as an incident to the practitioner's 18
administering or dispensing of a controlled substance in the course 19
of the practitioner's professional practice; or 20
(b) by a practitioner, or by the practitioner's authorized agent 21
under the practitioner's supervision, for the purpose of, or as an 22
incident to, research, teaching, or chemical analysis and not for 23
sale. 24
(((33))) (34) "Narcotic drug" means any of the following, whether 25
produced directly or indirectly by extraction from substances of 26
vegetable origin, or independently by means of chemical synthesis, or 27
by a combination of extraction and chemical synthesis:28
(a) Opium, opium derivative, and any derivative of opium or opium 29
derivative, including their salts, isomers, and salts of isomers, 30
whenever the existence of the salts, isomers, and salts of isomers is 31
possible within the specific chemical designation. The term does not 32
include the isoquinoline alkaloids of opium. 33
(b) Synthetic opiate and any derivative of synthetic opiate, 34
including their isomers, esters, ethers, salts, and salts of isomers, 35
esters, and ethers, whenever the existence of the isomers, esters, 36
ethers, and salts is possible within the specific chemical 37
designation. 38
(c) Poppy straw and concentrate of poppy straw.39
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(d) Coca leaves, except coca leaves and extracts of coca leaves 1
from which cocaine, ecgonine, and derivatives or ecgonine or their 2
salts have been removed. 3
(e) Cocaine, or any salt, isomer, or salt of isomer thereof.4
(f) Cocaine base. 5
(g) Ecgonine, or any derivative, salt, isomer, or salt of isomer 6
thereof. 7
(h) Any compound, mixture, or preparation containing any quantity 8
of any substance referred to in (a) through (g) of this subsection.9
(((34))) (35) "Opiate" means any substance having an addiction-10
forming or addiction-sustaining liability similar to morphine or 11
being capable of conversion into a drug having addiction-forming or 12
addiction-sustaining liability. The term includes opium, substances 13
derived from opium (opium derivatives), and synthetic opiates. The 14
term does not include, unless specifically designated as controlled 15
under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-16
methylmorphinan and its salts (dextromethorphan). The term includes 17
the racemic and levorotatory forms of dextromethorphan.18
(((35))) (36) "Opium poppy" means the plant of the species 19
Papaver somniferum L., except its seeds. 20
(((36))) (37) "Package" means a container that has a single unit 21
or group of units. 22
(((37))) (38) "Person" means individual, corporation, business 23
trust, estate, trust, partnership, association, joint venture, 24
government, governmental subdivision or agency, or any other legal or 25
commercial entity. 26
(((38))) (39) "Plant" has the meaning provided in RCW 69.51A.010.27
(((39))) (40) "Poppy straw" means all parts, except the seeds, of 28
the opium poppy, after mowing. 29
(((40))) (41) "Practitioner" means: 30
(a) A physician under chapter 18.71 RCW; a physician assistant 31
under chapter 18.71A RCW; an osteopathic physician and surgeon under 32
chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW 33
who is certified by the optometry board under RCW 18.53.010 subject 34
to any limitations in RCW 18.53.010; a dentist under chapter 18.32 35
RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a 36
veterinarian under chapter 18.92 RCW; a registered nurse, advanced 37
registered nurse practitioner, or licensed practical nurse under 38
chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW 39
who is licensed under RCW 18.36A.030 subject to any limitations in 40
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RCW 18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific 1
investigator under this chapter, licensed, registered or otherwise 2
permitted insofar as is consistent with those licensing laws to 3
distribute, dispense, conduct research with respect to or administer 4
a controlled substance in the course of their professional practice 5
or research in this state. 6
(b) A pharmacy, hospital or other institution licensed, 7
registered, or otherwise permitted to distribute, dispense, conduct 8
research with respect to or to administer a controlled substance in 9
the course of professional practice or research in this state.10
(c) A physician licensed to practice medicine and surgery, a 11
physician licensed to practice osteopathic medicine and surgery, a 12
dentist licensed to practice dentistry, a podiatric physician and 13
surgeon licensed to practice podiatric medicine and surgery, a 14
licensed physician assistant or a licensed osteopathic physician 15
assistant specifically approved to prescribe controlled substances by 16
his or her state's medical commission or equivalent and his or her 17
participating physician as defined in RCW 18.71A.010, an advanced 18
registered nurse practitioner licensed to prescribe controlled 19
substances, or a veterinarian licensed to practice veterinary 20
medicine in any state of the United States. 21
(((41))) (42) "Prescription" means an order for controlled 22
substances issued by a practitioner duly authorized by law or rule in 23
the state of Washington to prescribe controlled substances within the 24
scope of his or her professional practice for a legitimate medical 25
purpose. 26
(((42))) (43) "Production" includes the manufacturing, planting, 27
cultivating, growing, or harvesting of a controlled substance.28
(((43))) (44) "Qualifying patient" has the meaning provided in 29
RCW 69.51A.010. 30
(((44))) (45) "Recognition card" has the meaning provided in RCW 31
69.51A.010. 32
(((45))) (46) "Retail outlet" means a location licensed by the 33
board for the retail sale of cannabis concentrates, useable cannabis, 34
and cannabis-infused products. 35
(((46))) (47) "Secretary" means the secretary of health or the 36
secretary's designee. 37
(((47))) (48) "Social equity plan" means a plan that addresses at 38
least some of the elements outlined in this subsection (((47))), 39
along with any additional plan components or requirements approved by 40
p. 21 SB 6204
the board following consultation with the task force created in RCW 1
69.50.336. The plan may include: 2
(a) A statement that indicates how the cannabis licensee will 3
work to promote social equity goals in their community;4
(b) A description of how the cannabis licensee will meet social 5
equity goals as defined in RCW 69.50.335; 6
(c) The composition of the workforce the licensee has employed or 7
intends to hire; and 8
(d) Business plans involving partnerships or assistance to 9
organizations or residents with connections to populations with a 10
history of high rates of enforcement of cannabis prohibition.11
(((48))) (49) "State," unless the context otherwise requires, 12
means a state of the United States, the District of Columbia, the 13
Commonwealth of Puerto Rico, or a territory or insular possession 14
subject to the jurisdiction of the United States. 15
(((49))) (50) "THC concentration" means percent of 16
tetrahydrocannabinol content of any part of the plant Cannabis, or 17
per volume or weight of cannabis product, or the combined percent of 18
tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of 19
the plant Cannabis regardless of moisture content.20
(((50))) (51) "Ultimate user" means an individual who lawfully 21
possesses a controlled substance for the individual's own use or for 22
the use of a member of the individual's household or for 23
administering to an animal owned by the individual or by a member of 24
the individual's household. 25
(((51))) (52) "Unit" means an individual consumable item within a 26
package of one or more consumable items in solid, liquid, gas, or any 27
form intended for human consumption. 28
(((52))) (53) "Useable cannabis" means dried cannabis flowers. 29
The term "useable cannabis" does not include either cannabis-infused 30
products or cannabis concentrates. 31
(((53))) (54) "Youth access" means the level of interest persons 32
under the age of ((twenty-one)) 21 may have in a vapor product, as 33
well as the degree to which the product is available or appealing to 34
such persons, and the likelihood of initiation, use, or addiction by 35
adolescents and young adults. 36
Sec. 5. RCW 69.50.101 and 2025 c 58 s 5126 are each amended to 37
read as follows: 38
p. 22 SB 6204
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
p. 25 SB 6204
(((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 includes any 24
positional isomer; and in RCW 69.50.204(1)(ii), 69.50.204(3), and 25
69.50.208(1), the term includes any positional or geometric isomer.26
(((30))) (31) "Lot" means a definite quantity of cannabis, 27
cannabis concentrates, useable cannabis, or cannabis-infused product 28
identified by a lot number, every portion or package of which is 29
uniform within recognized tolerances for the factors that appear in 30
the labeling. 31
(((31))) (32) "Lot number" must identify the licensee by business 32
or trade name and Washington state unified business identifier 33
number, and the date of harvest or processing for each lot of 34
cannabis, cannabis concentrates, useable cannabis, or cannabis-35
infused product. 36
(((32))) (33) "Manufacture" means the production, preparation, 37
propagation, compounding, conversion, or processing of a controlled 38
substance, either directly or indirectly or by extraction from 39
substances of natural origin, or independently by means of chemical 40
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synthesis, or by a combination of extraction and chemical synthesis, 1
and includes any packaging or repackaging of the substance or 2
labeling or relabeling of its container. The term does not include 3
the preparation, compounding, packaging, repackaging, labeling, or 4
relabeling of a controlled substance: 5
(a) by a practitioner as an incident to the practitioner's 6
administering or dispensing of a controlled substance in the course 7
of the practitioner's professional practice; or 8
(b) by a practitioner, or by the practitioner's authorized agent 9
under the practitioner's supervision, for the purpose of, or as an 10
incident to, research, teaching, or chemical analysis and not for 11
sale. 12
(((33))) (34) "Narcotic drug" means any of the following, whether 13
produced directly or indirectly by extraction from substances of 14
vegetable origin, or independently by means of chemical synthesis, or 15
by a combination of extraction and chemical synthesis:16
(a) Opium, opium derivative, and any derivative of opium or opium 17
derivative, including their salts, isomers, and salts of isomers, 18
whenever the existence of the salts, isomers, and salts of isomers is 19
possible within the specific chemical designation. The term does not 20
include the isoquinoline alkaloids of opium. 21
(b) Synthetic opiate and any derivative of synthetic opiate, 22
including their isomers, esters, ethers, salts, and salts of isomers, 23
esters, and ethers, whenever the existence of the isomers, esters, 24
ethers, and salts is possible within the specific chemical 25
designation. 26
(c) Poppy straw and concentrate of poppy straw.27
(d) Coca leaves, except coca leaves and extracts of coca leaves 28
from which cocaine, ecgonine, and derivatives or ecgonine or their 29
salts have been removed. 30
(e) Cocaine, or any salt, isomer, or salt of isomer thereof.31
(f) Cocaine base. 32
(g) Ecgonine, or any derivative, salt, isomer, or salt of isomer 33
thereof. 34
(h) Any compound, mixture, or preparation containing any quantity 35
of any substance referred to in (a) through (g) of this subsection.36
(((34))) (35) "Opiate" means any substance having an addiction-37
forming or addiction-sustaining liability similar to morphine or 38
being capable of conversion into a drug having addiction-forming or 39
addiction-sustaining liability. The term includes opium, substances 40
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derived from opium (opium derivatives), and synthetic opiates. The 1
term does not include, unless specifically designated as controlled 2
under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-3
methylmorphinan and its salts (dextromethorphan). The term includes 4
the racemic and levorotatory forms of dextromethorphan.5
(((35))) (36) "Opium poppy" means the plant of the species 6
Papaver somniferum L., except its seeds. 7
(((36))) (37) "Package" means a container that has a single unit 8
or group of units. 9
(((37))) (38) "Person" means individual, corporation, business 10
trust, estate, trust, partnership, association, joint venture, 11
government, governmental subdivision or agency, or any other legal or 12
commercial entity. 13
(((38))) (39) "Plant" has the meaning provided in RCW 69.51A.010.14
(((39))) (40) "Poppy straw" means all parts, except the seeds, of 15
the opium poppy, after mowing. 16
(((40))) (41) "Practitioner" means: 17
(a) A physician under chapter 18.71 RCW; a physician assistant 18
under chapter 18.71A RCW; an osteopathic physician and surgeon under 19
chapter 18.57 RCW; an optometrist licensed under chapter 18.53 RCW 20
who is certified by the optometry board under RCW 18.53.010 subject 21
to any limitations in RCW 18.53.010; a dentist under chapter 18.32 22
RCW; a podiatric physician and surgeon under chapter 18.22 RCW; a 23
veterinarian under chapter 18.92 RCW; a registered nurse, advanced 24
practice registered nurse, or licensed practical nurse under chapter 25
18.79 RCW; a naturopathic physician under chapter 18.36A RCW who is 26
licensed under RCW 18.36A.030 subject to any limitations in RCW 27
18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific 28
investigator under this chapter, licensed, registered or otherwise 29
permitted insofar as is consistent with those licensing laws to 30
distribute, dispense, conduct research with respect to or administer 31
a controlled substance in the course of their professional practice 32
or research in this state. 33
(b) A pharmacy, hospital or other institution licensed, 34
registered, or otherwise permitted to distribute, dispense, conduct 35
research with respect to or to administer a controlled substance in 36
the course of professional practice or research in this state.37
(c) A physician licensed to practice medicine and surgery, a 38
physician licensed to practice osteopathic medicine and surgery, a 39
dentist licensed to practice dentistry, a podiatric physician and 40
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surgeon licensed to practice podiatric medicine and surgery, a 1
licensed physician assistant or a licensed osteopathic physician 2
assistant specifically approved to prescribe controlled substances by 3
his or her state's medical commission or equivalent and his or her 4
participating physician as defined in RCW 18.71A.010, an advanced 5
practice registered nurse licensed to prescribe controlled 6
substances, or a veterinarian licensed to practice veterinary 7
medicine in any state of the United States. 8
(((41))) (42) "Prescription" means an order for controlled 9
substances issued by a practitioner duly authorized by law or rule in 10
the state of Washington to prescribe controlled substances within the 11
scope of his or her professional practice for a legitimate medical 12
purpose. 13
(((42))) (43) "Production" includes the manufacturing, planting, 14
cultivating, growing, or harvesting of a controlled substance.15
(((43))) (44) "Qualifying patient" has the meaning provided in 16
RCW 69.51A.010. 17
(((44))) (45) "Recognition card" has the meaning provided in RCW 18
69.51A.010. 19
(((45))) (46) "Retail outlet" means a location licensed by the 20
board for the retail sale of cannabis concentrates, useable cannabis, 21
and cannabis-infused products. 22
(((46))) (47) "Secretary" means the secretary of health or the 23
secretary's designee. 24
(((47))) (48) "Social equity plan" means a plan that addresses at 25
least some of the elements outlined in this subsection (((47))), 26
along with any additional plan components or requirements approved by 27
the board following consultation with the task force created in RCW 28
69.50.336. The plan may include: 29
(a) A statement that indicates how the cannabis licensee will 30
work to promote social equity goals in their community;31
(b) A description of how the cannabis licensee will meet social 32
equity goals as defined in RCW 69.50.335; 33
(c) The composition of the workforce the licensee has employed or 34
intends to hire; and 35
(d) Business plans involving partnerships or assistance to 36
organizations or residents with connections to populations with a 37
history of high rates of enforcement of cannabis prohibition.38
(((48))) (49) "State," unless the context otherwise requires, 39
means a state of the United States, the District of Columbia, the 40
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Commonwealth of Puerto Rico, or a territory or insular possession 1
subject to the jurisdiction of the United States. 2
(((49))) (50) "THC concentration" means percent of 3
tetrahydrocannabinol content of any part of the plant Cannabis, or 4
per volume or weight of cannabis product, or the combined percent of 5
tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of 6
the plant Cannabis regardless of moisture content. 7
(((50))) (51) "Ultimate user" means an individual who lawfully 8
possesses a controlled substance for the individual's own use or for 9
the use of a member of the individual's household or for 10
administering to an animal owned by the individual or by a member of 11
the individual's household. 12
(((51))) (52) "Unit" means an individual consumable item within a 13
package of one or more consumable items in solid, liquid, gas, or any 14
form intended for human consumption. 15
(((52))) (53) "Useable cannabis" means dried cannabis flowers. 16
The term "useable cannabis" does not include either cannabis-infused 17
products or cannabis concentrates. 18
(((53))) (54) "Youth access" means the level of interest persons 19
under the age of ((twenty-one)) 21 may have in a vapor product, as 20
well as the degree to which the product is available or appealing to 21
such persons, and the likelihood of initiation, use, or addiction by 22
adolescents and young adults. 23
NEW SECTION. Sec. 6. A new section is added to chapter 69.50 24
RCW to read as follows: 25
Nothing in this act shall be construed to supersede or prohibit 26
local bans or moratoriums on activities created under RCW 69.50.325 27
or 69.51A.250 and in accordance with RCW 35A.63.220.28
NEW SECTION. Sec. 7. A new section is added to chapter 69.50 29
RCW to read as follows: 30
(1) No civil or criminal liability may be imposed by any court on 31
the state or its officers and employees for actions taken in good 32
faith under this chapter and within the scope of their assigned 33
duties. 34
(2) No civil or criminal liability may be imposed by any court on 35
cities, towns, and counties or other municipalities and their 36
officers and employees for actions taken in good faith under this 37
chapter and within the scope of their assigned duties.38
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NEW SECTION. Sec. 8. Section 4 of this act expires June 30, 1
2027.2
NEW SECTION. Sec. 9. Section 5 of this act takes effect June 3
30, 2027.4
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