The controlled substances in this section may be added, rescheduled, or deleted as provided for in RCW, Pharmacy quality assurance commission may change schedules of controlled substances: RCW. (i) The specific recommendations required under (a) of this subsection; (ii) A comparison of gross sales and tax collections prior to and after any cannabis tax change; (iii) The increase or decrease in the volume of legal cannabis sold prior to and after any cannabis tax change; (iv) Increases or decreases in the number of licensed cannabis producers, processors, and retailers; (v) The number of illegal and noncompliant cannabis outlets the board requires to be closed; (vi) Gross cannabis sales and tax collections in Oregon; and. (ii) The Washington poison control center; (c)(i) $3,000,000 annually to the department of commerce to fund cannabis social equity grants under RCW, (ii) $200,000 annually to the department of commerce to fund technical assistance through a roster of mentors under RCW, (d) $200,000 annually, until June 30, 2032, to the health care authority to contract with the Washington state institute for public policy to conduct the cost-benefit evaluations and produce the reports described in RCW. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances: (1) Immediate precursor to amphetamine and methamphetamine: (i) Phenylacetone: Some trade or other names phenyl-2-propanone, P2P, benzyl methyl ketone, methyl benzyl ketone. The legislature must annually appropriate moneys in the dedicated ((. (3) To be issued an endorsement, a cannabis retailer must: (a) Not authorize the medical use of cannabis for qualifying patients at the retail outlet or permit health care professionals to authorize the medical use of cannabis for qualifying patients at the retail outlet; (b) Carry cannabis concentrates and cannabis-infused products identified by the department under subsection (4) of this section; (c) Not use labels or market cannabis concentrates, useable cannabis, or cannabis-infused products in a way that make them intentionally attractive to minors; (d) Demonstrate the ability to enter qualifying patients and designated providers in the medical cannabis authorization database established in RCW, (e) Keep copies of the qualifying patient's or designated provider's recognition card, or keep equivalent records as required by rule of the board or the department of revenue to document the validity of tax exempt sales; and. (5)(a) The board must regularly review the tax level established under this section and make recommendations, in consultation with the department of revenue, to the legislature as appropriate regarding adjustments that would further the goal of discouraging use while undercutting illegal market prices. (7) Nothing in this section shall apply to a drug, as defined in RCW. (iii) The board has discretion in adopting rules under this subsection (3)(c). This does not include qualifying patients with a valid authorization. Proceedings for revocation or other action must be promptly instituted and determined. (4) If a representative sample inspected and tested under this section does not meet the applicable quality assurance and product standards established by the board, the entire lot from which the sample was taken must be destroyed. 961.41(3g) (3g) Possession. Medical treatment includes dispensing or administering a narcotic drug for pain, including intractable pain. The department of ecology may adopt rules to carry out its responsibilities under this section. Each jurisdiction must receive a share of the revenue distribution under this subsection (2)(g)(i)(A) based on the proportional share of the total revenues generated in the individual jurisdiction from the taxes collected under RCW. The following acts, when performed by a validly licensed cannabis producer or employee of a validly licensed cannabis producer in compliance with rules adopted by the board to implement and enforce this chapter, do not constitute criminal or civil offenses under Washington state law: (1) Production or possession of quantities of cannabis that do not exceed the maximum amounts established by the board under RCW. (2) The proposed sale of more than ten percent of the outstanding or issued stock of a corporation licensed under chapter 3, Laws of 2013, or any proposed change in the officers of such a corporation, must be reported to the board, and board approval must be obtained before the changes are made. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: Pyrovalerone. (ii) "Responsible individual" also includes any current or former employee or other individual, but only if the individual had the responsibility or duty to remit payment of the limited liability business entity's unpaid trust fund tax liability. (3) the control of which is necessary to prevent, curtail, or limit the manufacture of the controlled substance. 36 or possession with intent to sell or deliver is a class B felony punishable according to chapter 9A.20 RCW37 . (3) Any person eighteen years of age or over who violates subsection (2) of this section by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his or her junior is guilty of a gross misdemeanor. The legislature declares that labels and labeling should not make any disease claim indicating the product is intended for use in the diagnosis, treatment, cure, or prevention of any disease. (f) "Cannabis processor" means a person licensed by the board to process cannabis into cannabis concentrates, useable cannabis, and cannabis-infused products, package and label cannabis concentrates, useable cannabis, and cannabis-infused products for sale in retail outlets, and sell cannabis concentrates, useable cannabis, and cannabis-infused products at wholesale to cannabis retailers. (1) Whenever the board determines that a limited liability business entity has collected trust fund taxes and has failed to remit those taxes to the board and that business entity has been terminated, dissolved, or abandoned, or is insolvent, the board may pursue collection of the entity's unpaid trust fund taxes, including penalties on those taxes, against any or all of the responsible individuals. (g) Immediate precursors. "collect and remit," or 12 "collect and deliver," when used with reference to the department, 13 means that the department, either directly or through a collection 14 agreement authorized by RCW 9.94A . Cannabis retailers holding a medical cannabis endorsement may also provide these products at no charge to qualifying patients or designated providers. (a) Application forms for cannabis producers must request the applicant to state whether the applicant intends to produce cannabis for sale by cannabis retailers holding medical cannabis endorsements and the amount of or percentage of canopy the applicant intends to commit to growing plants determined by the department under RCW, (b) The board must reconsider and increase limits on the amount of square feet permitted to be in production on July 24, 2015, and increase the percentage of production space for those cannabis producers who intend to grow plants for cannabis retailers holding medical cannabis endorsements if the cannabis producer designates the increased production space to plants determined by the department under RCW. Common carriers Transportation or delivery of cannabis, useable cannabis, cannabis concentrates, immature plants or clones, cannabis seeds, and cannabis-infused products Employees prohibited from carrying or using firearm during such services Exceptions Use of state ferry routes. (h) Additional requirements deemed necessary by the board. Such rule making must be consistent with other administrative rules generally applicable to the advertising of cannabis businesses and products. (2) Information communicated to a practitioner in an effort unlawfully to procure a controlled substance or unlawfully to procure the administration of such substance, shall not be deemed a privileged communication. Delivery of substance in lieu of controlled substance, Possession of forty grams or less of cannabis, Involving a person under eighteen in unlawful controlled substance transaction, Provisions not applicable to offenses under RCW. Additional fine for certain felony violations. (4) A pharmacist who receives a written, oral, or faxed prescription is not required to verify that the prescription properly meets any exemptions under this section. HTML PDF. (f) The department may inspect the establishment of a registrant or applicant for registration in accordance with rules adopted by the commission. (1) Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. The tax must be separately itemized from the state and local retail sales tax on the sales receipt provided to the buyer. Any orders and rules promulgated under any law affected by this chapter and in effect on May 21, 1971 and not in conflict with it continue in effect until modified, superseded or repealed. **(2) The "state liquor control board" was renamed the "state liquor and cannabis board" by. (b) Each seizing agency shall retain records of forfeited property for at least seven years. If a person's name is legally changed during the time period that he or she is receiving health care from a practitioner, the person shall inform all providers of care so that the medical and pharmacy records for the person may be filed under a single name identifier. (1) The board must adopt rules providing for an annual licensing procedure of a common carrier who seeks to transport or deliver cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products within the state. 355. (c) It is the legislature's specific public policy objective to provide qualifying patients and their designated providers a retail sales and use tax exemption on marijuana [cannabis] purchased or obtained for medical use when authorized by a health care professional. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation. Prohibited acts; violations; penalties. Enter search term. (2) Subject to the requirements set forth in (a) and (b) of this subsection, and for the purpose of enhancing the cannabidiol concentration of any product authorized for production, processing, or sale under this chapter, licensed cannabis producers and licensed cannabis processors may use a CBD product obtained from a source not licensed under this chapter, provided the CBD product: (a) Has a THC level of 0.3 percent or less on a dry weight basis; and. If the investigation reveals the provision of branded promotional items has resulted in or is more likely than not to result in undue influence or has resulted or is more likely than not to result in an adverse impact on public health and safety or is otherwise inconsistent with (a) of this subsection the state liquor and cannabis board may issue an administrative violation notice to the producer, processor, or retailer. The tax collected as required by this section is deemed to be held in trust by the seller until paid to the board. (b) Any person to knowingly possess a counterfeit substance. 222, 222 P.3d 113 (2009). (b) The commission may place a substance in Schedule I without making the findings required by subsection (a) of this section if the substance is controlled under Schedule I of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol. The controlled substances listed in this section may be added, rescheduled, or deleted as provided for in RCW, Commission may change schedules of controlled substances: RCW. This does not include qualifying patients with a valid authorization. (a) if the owner, operator, or agent in charge of the controlled premises consents; (b) in situations presenting imminent danger to health or safety; (c) in situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant; (d) in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or. Real property seized under this section shall not be transferred or otherwise conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later: PROVIDED, That real property seized under this section may be transferred or conveyed to any person or entity who acquires title by foreclosure or deed in lieu of foreclosure of a security interest. 27 Apr 2023 20:21:30 (2) Except for the use of billboards as authorized under this section, licensed cannabis retailers may not display any signage outside of the licensed premises, other than two signs identifying the retail outlet by the licensee's business or trade name, stating the location of the business, and identifying the nature of the business. (iii) Retail outlets may also purchase and sell lockable boxes, provided that the sales price is not less than the cost of acquisition. All applications for immunity under this section shall be sent to the department of social and health services in Olympia. In connection with these programs it may: (1) promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations; (2) assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances; (3) consult with interested groups and organizations to aid them in solving administrative and organizational problems; (4) evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances; (5) disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and. (2) For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to narcotic drugs, cannabis, depressant, stimulant, or hallucinogenic drugs. (b) The tax levied in this section must be reflected in the price list or quoted shelf price in the licensed cannabis retail store and in any advertising that includes prices for all useable cannabis, cannabis concentrates, or cannabis-infused products. Conviction or admission of a Controlled Substance Offense, or DHS reason to believe that the individual is a drug traffickerConviction or admission of a Crime Involving Moral Turpitude (CIMT), including: Offenses with an intent to steal or defraud as an element (e.g., theft, forgery) (6) No person under twenty-one years of age may possess, manufacture, sell, or distribute cannabis, cannabis-infused products, or cannabis concentrates, regardless of THC concentration. Such rule making is limited to regulations pertaining to laboratory testing and product safety standards for those cannabidiol products used by licensed producers and processors in the manufacture of cannabis products marketed by licensed retailers under this chapter. (2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state. The location and content of the retail cannabis signs authorized under this subsection are subject to all other requirements and restrictions established in this section for indoor signs, outdoor signs, and other cannabis-related advertising methods. (2)(a) This subsection is the tax preference performance statement for the retail sales and use tax exemption for marijuana [cannabis] purchased or obtained by qualifying patients or their designated providers provided in RCW, (b) The legislature categorizes the tax preference as one intended to accomplish the general purposes indicated in RCW. (1) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. Valuable formulae or financial or proprietary commercial information records received during a consultative visit or while providing consultative services in accordance with this section are not subject to inspection pursuant to chapter. (c) The president of the senate and the speaker of the house of representatives shall jointly appoint: (i) One member from each of the following: (A) The commission on African American affairs; (C) The governor's office of Indian affairs; (D) An organization representing the African American community; (E) An organization representing the Latinx community; (F) A labor organization involved in the cannabis industry; (I) The office of the attorney general; and. A separate license shall be required for each location at which a cannabis retailer intends to sell cannabis concentrates, useable cannabis, and cannabis-infused products. (3) Nothing in subsection (1) of this section prohibits legal distribution of injection syringe equipment through public health and community based HIV prevention programs, and pharmacies. (1) A cannabis research license is established that permits a licensee to produce, process, and possess cannabis for the following limited research purposes: (a) To test chemical potency and composition levels; (b) To conduct clinical investigations of cannabis-derived drug products; (c) To conduct research on the efficacy and safety of administering cannabis as part of medical treatment; and. The board shall require fingerprinting of any applicant whose criminal history record information check is submitted to the federal bureau of investigation. (1) On a schedule determined by the board, every licensed cannabis producer and processor must submit representative samples of cannabis, useable cannabis, or cannabis-infused products produced or processed by the licensee to an independent, third-party testing laboratory meeting the accreditation requirements established by the state department of ecology. The costs may include, but are not limited to, the costs incurred in undertaking the following accreditation functions: (i) Evaluating the protocols and procedures used by a laboratory; (iii) Evaluating participation and successful completion of proficiency testing; (iv) Determining the capability of a laboratory to produce accurate and reliable test results; and. (c) Any trade secret, technology, or proprietary information used to manufacture a cannabis product or used to provide a service related to any cannabis business. (c) Opiates. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. The board must reconsider and increase the maximum number of retail outlets it established before July 24, 2015, and allow for a new license application period and a greater number of retail outlets to be permitted in order to accommodate the medical needs of qualifying patients and designated providers. (ii) Fine a licensee one thousand dollars for each violation of this section until the board adopts rules prescribing penalties for violations of this section. (a) Except as authorized in this chapter, and notwithstanding the provisions of section 37-2732, Idaho Code: (1) Any person who knowingly manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, one (1) pound of marijuana or more, or twenty . Legislature Home; Shelter of Representatives; Senate; Find Your Zone If an appraiser is used, the value of the property appraised is net of the cost of the appraisal. (b) The act of delivering cannabis or a cannabis product as authorized under this subsection (5) must meet one of the following requirements: (i) The delivery must be done in a location outside of the view of general public and in a nonpublic place; or. (c) All property which is used, or intended for use, as a container for property described in (a) or (b) of this subsection; (d) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, in any manner to facilitate the sale, delivery, or receipt of property described in (a) or (b) of this subsection, except that: (i) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter or chapter. According to RCW 69.50.412, a person is guilty of possession, possession with intent to deliver or delivery of drug paraphernalia if he delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, (3)(a) A city, town, or county may adopt an ordinance requiring individual notice by an applicant for a cannabis producer's, cannabis processor's, cannabis researcher's, or cannabis retailer's license under this chapter, sixty days prior to issuance of the license, to any elementary or secondary school, playground, recreation center or facility, child care center, church, public park, public transit center, library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older, that is within one thousand feet of the perimeter of the grounds of the establishment seeking licensure. Seizure and forfeiture. (b) The commission may place a substance in Schedule II without making the findings required by subsection (a) of this section if the substance is controlled under Schedule II of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention, or protocol. in achieving the specific public policy objective described in (c) of this subsection, the department of revenue must provide the necessary data and assistance to the state liquor and cannabis board for the report required in RCW. (j) "Willfully failed to pay or to cause to be paid" means that the failure was the result of an intentional, conscious, and voluntary course of action. (xx) "Youth access" means the level of interest persons under the age of twenty-one may have in a vapor product, as well as the degree to which the product is available or appealing to such persons, and the likelihood of initiation, use, or addiction by adolescents and young adults.
