title: RCW 69.50.345

text:
The board, subject to the provisions of this chapter, must adopt rules that establish the procedures and criteria necessary to implement the following:
(1) Licensing of cannabis producers, cannabis processors, and cannabis retailers, including prescribing forms and establishing application, reinstatement, and renewal fees.
(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 69.50.375 to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products sold to qualifying patients.
(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 69.50.375 to be of a THC concentration, CBD concentration, or THC to CBD ratio appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products to be sold to qualifying patients. If current cannabis producers do not use all the increased production space, the board may reopen the license period for new cannabis producer [producer's] license applicants but only to those cannabis producers who agree to grow plants for cannabis retailers holding medical cannabis endorsements. Priority in licensing must be given to cannabis producer [producer's] license applicants who have an application pending on July 24, 2015, but who are not yet licensed and then to new cannabis producer [producer's] license applicants. After January 1, 2017, any reconsideration of the limits on the amount of square feet permitted to be in production to meet the medical needs of qualifying patients must consider information contained in the medical cannabis authorization database established in RCW 69.51A.230;
(2)(a) Except as provided in RCW 69.50.335, determining, in consultation with the office of financial management, the maximum number of retail outlets that may be licensed in each county, taking into consideration:
(i) Population distribution;
(ii) Security and safety issues;
(iii) The provision of adequate access to licensed sources of cannabis concentrates, useable cannabis, and cannabis-infused products to discourage purchases from the illegal market; and
(iv) The number of retail outlets holding medical cannabis endorsements necessary to meet the medical needs of qualifying patients. 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. After January 1, 2017, any reconsideration of the maximum number of retail outlets needed to meet the medical needs of qualifying patients must consider information contained in the medical cannabis authorization database established in RCW 69.51A.230.
(b)(i) In making the determination under (a) of this subsection, the board must consider written input from an incorporated city or town, or county legislative authority when evaluating concerns related to outlet density.
(ii) An incorporated city or town, or county legislative authority, may enact an ordinance prescribing outlet density limitations. An ordinance may not affect licenses issued before the effective date of the ordinance prescribing outlet density limitations.
(iii) The board may adopt rules to identify how local jurisdiction input will be evaluated;
(3) Determining the maximum quantity of cannabis a cannabis producer may have on the premises of a licensed location at any time without violating Washington state law;
(4) Determining the maximum quantities of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products a cannabis processor may have on the premises of a licensed location at any time without violating Washington state law;
(5) Determining the maximum quantities of cannabis concentrates, useable cannabis, and cannabis-infused products a cannabis retailer may have on the premises of a retail outlet at any time without violating Washington state law;
(6) In making the determinations required by this section, the board shall take into consideration:
(a) Security and safety issues;
(b) The provision of adequate access to licensed sources of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products to discourage purchases from the illegal market; and
(c) Economies of scale, and their impact on licensees' ability to both comply with regulatory requirements and undercut illegal market prices;
(7) Determining the nature, form, and capacity of all containers to be used by licensees to contain cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products, and their labeling requirements;
(8) In consultation with the department of agriculture and the department, establishing classes of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products according to grade, condition, cannabinoid profile, THC concentration, CBD concentration, or other qualitative measurements deemed appropriate by the board;
(9) Establishing reasonable time, place, and manner restrictions and requirements regarding advertising of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products that are not inconsistent with the provisions of this chapter, taking into consideration:
(a) Federal laws relating to cannabis that are applicable within Washington state;
(b) Minimizing exposure of people under 21 years of age to the advertising;
(c) The inclusion of medically and scientifically accurate information about the health and safety risks posed by cannabis use in the advertising; and
(d) Ensuring that retail outlets with medical cannabis endorsements may advertise themselves as medical retail outlets;
(10) Specifying and regulating the time and periods when, and the manner, methods, and means by which, licensees shall transport and deliver cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products within the state;
(11) In consultation with the department and the department of agriculture, prescribing methods of producing, processing, and packaging cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products; conditions of sanitation; and standards of ingredients, quality, and identity of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products produced, processed, packaged, or sold by licensees;
(12) Specifying procedures for identifying, seizing, confiscating, destroying, and donating to law enforcement for training purposes all cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products produced, processed, packaged, labeled, or offered for sale in this state that do not conform in all respects to the standards prescribed by this chapter or the rules of the board.
[ 2023 c 220 s 5; (2023 c 220 s 4 expired July 1, 2024); 2022 c 16 s 65; (2022 c 16 s 64 expired July 1, 2024). Prior: 2019 c 393 s 2; 2019 c 277 s 6; 2018 c 43 s 2; 2015 c 70 s 8; 2013 c 3 s 10 (Initiative Measure No. 502, approved November 6, 2012).]
Notes:
Effective date—2023 c 220 s 5: "Section 5 of this act takes effect July 1, 2024." [ 2023 c 220 s 9.]
Expiration date—2023 c 220 s 4: "Section 4 of this act expires July 1, 2024." [ 2023 c 220 s 8.]
Effective date—2022 c 16 ss 65 and 68: "Sections 65 and 68 of this act take effect July 1, 2024." [ 2022 c 16 s 174.]
Expiration date—2022 c 16 ss 64 and 67: "Sections 64 and 67 of this act expire July 1, 2024." [ 2022 c 16 s 173.]
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2019 c 393: "This act takes effect January 1, 2020." [ 2019 c 393 s 6.]
Intent—2019 c 393: See note following RCW 69.50.346.
Effective date—2019 c 277 ss 2 and 6: See note following RCW 69.50.348.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

catchline: State liquor and cannabis board—Rules—Procedures and criteria.


doc_type: statute

jurisdiction: wa

title: RCW 69.50.346

text:
(1) The label on a cannabis product package, including cannabis concentrates, useable cannabis, or cannabis-infused products, sold at retail must include:
(a) The business or trade name and Washington state unified business identifier number of the cannabis producer and processor;
(b) The lot numbers of the product;
(c) The THC concentration and CBD concentration of the product;
(d) Medically and scientifically accurate and reliable information about the health and safety risks posed by cannabis use;
(e) Language required by RCW 69.04.480; and
(f) A disclaimer, subject to the following conditions:
(i) Where there is one statement made under subsection (2) of this section, or as described in subsection (5)(b) of this section, the disclaimer must state "This statement has not been evaluated by the State of Washington. This product is not intended to diagnose, treat, cure, or prevent any disease."; and
(ii) Where there is more than one statement made under subsection (2) of this section, or as described in subsection (5)(b) of this section, the disclaimer must state "These statements have not been evaluated by the State of Washington. This product is not intended to diagnose, treat, cure, or prevent any disease."
(2)(a) For cannabis products that have been identified by the department in rules adopted under RCW 69.50.375(4) in chapter 246-70 WAC as being a compliant cannabis product, the product label and labeling may include a structure or function claim describing the intended role of a product to maintain the structure or any function of the body, or characterize the documented mechanism by which the product acts to maintain such structure or function, provided that the claim is truthful and not misleading.
(b) A statement made under (a) of this subsection may not claim to diagnose, mitigate, treat, cure, or prevent any disease.
(3) The labels and labeling may not be:
(a) False or misleading; or
(b) Especially appealing to children.
(4) The label is not required to include the business or trade name or Washington state unified business identifier number of, or any information about, the cannabis retailer selling the cannabis product.
(5) A cannabis product is not in violation of any Washington state law or rule of the board solely because its label or labeling contains:
(a) Directions or recommended conditions of use; or
(b) A warning describing the psychoactive effects of the cannabis product, provided that the warning is truthful and not misleading.
(6) This section does not create any civil liability on the part of the state, the board, any other state agency, officer, employee, or agent based on a cannabis licensee's description of a structure or function claim or the product's intended role under subsection (2) of this section.
(7) Nothing in this section shall apply to a drug, as defined in RCW 69.50.101, or a pharmaceutical product approved by the United States food and drug administration.
[ 2023 c 365 s 4; 2022 c 16 s 66; 2019 c 393 s 3; 2018 c 43 s 1.]
Notes:
Construction—2023 c 365: See note following RCW 69.50.326.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2025 c 58; 2019 c 393: "The legislature intends to allow additional information on the labels and labeling of cannabis products to assist consumers in making purchases of these products.
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.
The legislature recognizes that it may be useful for a label or labeling to describe the intended role of a cannabis product that contains nutrients or other dietary ingredients, including herbs and other botanicals, to maintain a structure or function of the body, or characterize the documented mechanism by which the product acts to maintain such structure or function, provided that the claim is truthful and not misleading." [ 2025 c 58 s 4009; 2019 c 393 s 1.]
Effective date—2019 c 393: See note following RCW 69.50.345.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Labels on retail products.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 69.50.348

text:
(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 agriculture. The purpose of testing representative samples is to certify compliance with quality assurance and product standards adopted by the board under RCW 69.50.342 or the department of health under RCW 69.50.375. In conducting tests of cannabis product samples, testing laboratories must adhere to laboratory quality standards adopted by the state department of agriculture under chapter 15.150 RCW. Any sample remaining after testing shall be destroyed by the laboratory or returned to the licensee submitting the sample.
(2) Independent, third-party testing laboratories performing cannabis product testing under subsection (1) of this section must obtain and maintain accreditation.
(3) Licensees must submit the results of inspection and testing for quality assurance and product standards required under RCW 69.50.342 to the board on a form developed by the board.
(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 then, except as otherwise provided by the board in rule, the entire lot from which the sample was taken must be destroyed.
(5) The department of agriculture may determine, assess, and collect annual fees to support the direct and indirect costs of implementing a state cannabis product testing laboratory accreditation program and laboratory quality standards program, except for the initial program development costs. The department of agriculture may establish a payment schedule requiring periodic installments of the annual fee. The department of agriculture must review and update its fee schedule biennially. The costs of cannabis product testing laboratory accreditation are those incurred by the department of agriculture in administering and enforcing the accreditation program. The costs may include, but are not limited to, the costs incurred in undertaking the following accreditation functions:
(a) Evaluating the protocols and procedures used by a laboratory;
(b) Performing on-site audits;
(c) Evaluating participation and successful completion of proficiency testing;
(d) Determining the capability of a laboratory to produce accurate and reliable test results; and
(e) Such other accreditation activities as the department of agriculture deems appropriate.
(6) The department of agriculture and the interagency coordination team created in RCW 15.150.020 must act cooperatively to ensure effective implementation and administration of this section.
(7) All fees collected under this section must be deposited in the dedicated cannabis account created in RCW 69.50.530.
[ 2024 c 69 s 2. Prior: 2022 c 135 s 6; (2022 c 135 s 5 expired July 1, 2024); 2022 c 16 s 68; (2022 c 16 s 67 expired July 1, 2024); 2019 c 277 s 2; (2019 c 277 s 1 expired July 1, 2024); 2013 c 3 s 11 (Initiative Measure No. 502, approved November 6, 2012).]
Notes:
Effective date—2024 c 69 s 2: "Section 2 of this act takes effect July 1, 2024." [ 2024 c 69 s 4.]
Effective date—2022 c 135 s 6: "Section 6 of this act takes effect July 1, 2024." [ 2022 c 135 s 8.]
Expiration date—2022 c 135 s 5: "Section 5 of this act expires July 1, 2024." [ 2022 c 135 s 7.]
Purpose—2022 c 135: See note following RCW 15.150.010.
Effective date—2022 c 16 ss 65 and 68: See note following RCW 69.50.345.
Expiration date—2022 c 16 ss 64 and 67: See note following RCW 69.50.345.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2019 c 277 ss 2 and 6: "Sections 2 and 6 of this act take effect July 1, 2024." [ 2019 c 277 s 8.]
Expiration date—2019 c 277 s 1: "Section 1 of this act expires July 1, 2024." [ 2019 c 277 s 7.]
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

catchline: Representative samples of cannabis, useable cannabis, or cannabis-infused products—Product testing—Fees.


title: RCW 69.50.351

text:
Except as provided by chapter 42.52 RCW, no member of the board and no employee of the board shall have any interest, directly or indirectly, in the producing, processing, or sale of cannabis, useable cannabis, or cannabis-infused products, or derive any profit or remuneration from the sale of cannabis, useable cannabis, or cannabis-infused products other than the salary or wages payable to him or her in respect of his or her office or position, and shall receive no gratuity from any person in connection with the business.
[ 2022 c 16 s 69; 2013 c 3 s 12 (Initiative Measure No. 502, approved November 6, 2012).]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

catchline: Board members and employees—Conflict of interest.


title: RCW 69.50.354

text:
There may be licensed, in no greater number in each of the counties of the state than as the board shall deem advisable, retail outlets established for the purpose of making cannabis concentrates, useable cannabis, and cannabis-infused products available for sale to adults aged twenty-one and over. Retail sale of cannabis concentrates, useable cannabis, and cannabis-infused products in accordance with the provisions of this chapter and the rules adopted to implement and enforce it, by a validly licensed cannabis retailer or retail outlet employee, shall not be a criminal or civil offense under Washington state law.
[ 2022 c 16 s 70; 2015 c 70 s 9; 2014 c 192 s 3; 2013 c 3 s 13 (Initiative Measure No. 502, approved November 6, 2012).]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

catchline: Retail outlet licenses.


title: RCW 69.50.357

text:
(1)(a) Retail outlets may not sell products or services other than cannabis concentrates, useable cannabis, cannabis-infused products, or paraphernalia intended for the storage or use of cannabis concentrates, useable cannabis, or cannabis-infused products.
(b)(i) Retail outlets may receive lockable boxes, intended for the secure storage of cannabis products and paraphernalia, and related literature as a donation from another person or entity, that is not a cannabis producer, processor, or retailer, for donation to their customers.
(ii) Retail outlets may donate the lockable boxes and provide the related literature to any person eligible to purchase cannabis products under subsection (2) of this section. Retail outlets may not use the donation of lockable boxes or literature as an incentive or as a condition of a recipient's purchase of a cannabis product or paraphernalia.
(iii) Retail outlets may also purchase and sell lockable boxes, provided that the sales price is not less than the cost of acquisition.
(2) Licensed cannabis retailers may not employ persons under twenty-one years of age or allow persons under twenty-one years of age to enter or remain on the premises of a retail outlet. However, qualifying patients between eighteen and twenty-one years of age with a recognition card may enter and remain on the premises of a retail outlet holding a medical cannabis endorsement and may purchase products for their personal medical use. Qualifying patients who are under the age of eighteen with a recognition card and who accompany their designated providers may enter and remain on the premises of a retail outlet holding a medical cannabis endorsement, but may not purchase products for their personal medical use.
(3)(a) Licensed cannabis retailers must ensure that all employees are trained on the rules adopted to implement this chapter, identification of persons under the age of twenty-one, and other requirements adopted by the board to ensure that persons under the age of twenty-one are not permitted to enter or remain on the premises of a retail outlet.
(b) Licensed cannabis retailers with a medical cannabis endorsement must ensure that all employees are trained on the subjects required by (a) of this subsection as well as identification of authorizations and recognition cards. Employees must also be trained to permit qualifying patients who hold recognition cards and are between the ages of eighteen and twenty-one to enter the premises and purchase cannabis for their personal medical use and to permit qualifying patients who are under the age of eighteen with a recognition card to enter the premises if accompanied by their designated providers.
(4) Except for the purposes of disposal as authorized by the board, no licensed cannabis retailer or employee of a retail outlet may open or consume, or allow to be opened or consumed, any cannabis concentrates, useable cannabis, or cannabis-infused product on the outlet premises.
(5)(a) By December 31, 2024, licensed cannabis retailers shall post a conspicuous notice at the point of sale in retail outlets with information about: (i) The potential health risks and adverse health impacts that may be associated with the consumption of high THC cannabis; (ii) the potentially much higher risks that may be present for younger persons under age 25 as well as for persons who have or are at risk for developing certain mental health conditions or psychotic disorders; and (iii) where to find help in case of negative effects and resources for quitting or reducing cannabis consumption. The notice must be the same or substantially the same as the notice developed by the department of health under this subsection (5).
(b) The department of health shall develop the notice required under this section and make it available to licensed cannabis retailers. The notice must, at a minimum, identify the information specified in (a)(i) through (iii) of this subsection, and may include additional information.
(6) The board must fine a licensee one thousand dollars for each violation of any subsection of this section. Fines collected under this section must be deposited into the dedicated cannabis account created under RCW 69.50.530.
[ 2024 c 360 s 4; 2022 c 16 s 71. Prior: 2017 c 317 s 13; 2017 c 131 s 1; 2016 c 171 s 1; 2015 2nd sp.s. c 4 s 203; 2015 c 70 s 12; 2014 c 192 s 4; 2013 c 3 s 14 (Initiative Measure No. 502, approved November 6, 2012).]
Notes:
Finding—Intent—2024 c 360: "The legislature finds that there is a growing body of research evidencing that consuming cannabis with high concentrations of THC may be harmful to some people, including younger persons and persons who have or are at risk for developing certain mental health conditions or psychotic disorders. Products like THC-infused vape oils, shatter, and dabs can contain close to 100 percent THC, and may carry risks not commonly associated with consumption of useable cannabis flower or other cannabis products with relatively lower THC concentrations. In the interest of public health, the legislature intends to review studies and consider increasing the minimum legal age of sale of high THC cannabis products to age 25, and the legislature intends to require caution notices, developed by the department of health, to be posted at the point of sale in cannabis retail outlets to raise awareness about possible health impacts and risks associated with high THC cannabis. The legislature further intends to implement and study health interventions, gather data, and ensure that new research, data, and information concerning the impacts of high THC cannabis continues to be incorporated into state policy." [ 2024 c 360 s 1.]
Intent—2024 c 360: "The legislature intends to provide the department of health with recurring funding available each fiscal year, beginning in fiscal year 2025, to allow the department of health to issue requests for proposals and contract for targeted public health messages and social marketing campaigns directed toward individuals most likely to suffer negative impacts of high THC products including persons under 25 years of age and persons living with mental health challenges. Messages and media campaigns funded must include information about risks, comparative dosing of cannabis products, and resources for persons seeking support for quitting or decreasing their intake of tetrahydrocannabinol. The content of public health messages and social marketing campaigns must be developed in partnership with persons targeted by the messages and campaigns and in consultation with professionals proficient in public health communication and in cannabis research." [ 2024 c 360 s 2.]
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
Effective date—2016 c 171: "This act takes effect July 1, 2016." [ 2016 c 171 s 2.]
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.
Effective date—2015 c 70 ss 12, 19, 20, 23-26, 31, 35, 40, and 49: "Sections 12, 19, 20, 23 through 26, 31, 35, 40, and 49 of this act take effect July 1, 2016." [ 2015 c 70 s 50.]
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

catchline: Retail outlets—Rules.


title: RCW 69.50.360

text:
The following acts, when performed by a validly licensed cannabis retailer or employee of a validly licensed retail outlet in compliance with rules adopted by the board to implement and enforce chapter 3, Laws of 2013, do not constitute criminal or civil offenses under Washington state law:
(1) Purchase and receipt of cannabis concentrates, useable cannabis, or cannabis-infused products that have been properly packaged and labeled from a cannabis processor validly licensed under this chapter;
(2) Possession of quantities of cannabis concentrates, useable cannabis, or cannabis-infused products that do not exceed the maximum amounts established by the board under RCW 69.50.345(5);
(3) Delivery, distribution, and sale, on the premises of the retail outlet, of any combination of the following amounts of cannabis concentrates, useable cannabis, or cannabis-infused product to any person 21 years of age or older:
(a) One ounce of useable cannabis;
(b) 16 ounces of cannabis-infused product in solid form;
(c) 72 ounces of cannabis-infused product in liquid form unless the cannabis-infused product in liquid form is packaged in individual units containing no more than four milligrams of THC per unit;
(d) 200 milligrams of THC within a cannabis-infused product in liquid form if the product is packaged in individual units containing no more than four milligrams of THC per unit; or
(e) Seven grams of cannabis concentrate; and
(4) Purchase and receipt of cannabis concentrates, useable cannabis, or cannabis-infused products that have been properly packaged and labeled from a federally recognized Indian tribe as permitted under an agreement between the state and the tribe entered into under RCW 43.06.490.
[ 2024 c 9 s 1; 2022 c 16 s 72. Prior: 2015 c 207 s 6; 2015 c 70 s 13; 2014 c 192 s 5; 2013 c 3 s 15 (Initiative Measure No. 502, approved November 6, 2012).]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—Finding—2015 c 207: See note following RCW 43.06.490.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

catchline: Cannabis retailers, employees of retail outlets—Certain acts not criminal or civil offenses.


title: RCW 69.50.363

text:
The following acts, when performed by a validly licensed cannabis processor or employee of a validly licensed cannabis processor in compliance with rules adopted by the board to implement and enforce chapter 3, Laws of 2013, do not constitute criminal or civil offenses under Washington state law:
(1) Purchase and receipt of cannabis that has been properly packaged and labeled from a cannabis producer validly licensed under chapter 3, Laws of 2013;
(2) Possession, processing, packaging, and labeling of quantities of cannabis, useable cannabis, and cannabis-infused products that do not exceed the maximum amounts established by the board under RCW 69.50.345(4);
(3) Delivery, distribution, and sale of useable cannabis or cannabis-infused products to a cannabis retailer validly licensed under chapter 3, Laws of 2013; and
(4) Delivery, distribution, and sale of useable cannabis, cannabis concentrates, or cannabis-infused products to a federally recognized Indian tribe as permitted under an agreement between the state and the tribe entered into under RCW 43.06.490.
[ 2022 c 16 s 73; 2015 c 207 s 7; 2013 c 3 s 16 (Initiative Measure No. 502, approved November 6, 2012).]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—Finding—2015 c 207: See note following RCW 43.06.490.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

catchline: Cannabis processors, employees—Certain acts not criminal or civil offenses.


title: RCW 69.50.366

text:
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 69.50.345(3);
(2) Delivery, distribution, and sale of cannabis to a cannabis processor or another cannabis producer validly licensed under this chapter;
(3) Delivery, distribution, and sale of immature plants or clones and cannabis seeds to a licensed cannabis researcher, and to receive or purchase immature plants or clones and seeds from a licensed cannabis researcher; and
(4) Delivery, distribution, and sale of cannabis or useable cannabis to a federally recognized Indian tribe as permitted under an agreement between the state and the tribe entered into under RCW 43.06.490.
[ 2022 c 16 s 74; 2017 c 317 s 6; 2015 c 207 s 8; 2013 c 3 s 17 (Initiative Measure No. 502, approved November 6, 2012).]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
Intent—Finding—2015 c 207: See note following RCW 43.06.490.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

catchline: Cannabis producers, employees—Certain acts not criminal or civil offenses.


title: RCW 69.50.369

text:
(1) No licensed cannabis producer, processor, researcher, or retailer may place or maintain, or cause to be placed or maintained, any sign or other advertisement for a cannabis business or cannabis product, including useable cannabis, cannabis concentrates, or cannabis-infused product, in any form or through any medium whatsoever within one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, or library, or any game arcade admission that allows admittance of persons under the age of 21.
(2)(a) Except for the use of trade name signs and billboards as authorized under this section, licensed cannabis retailers may not display any cannabis-related advertising signage on the licensed premises, other than four signs affixed to the building of the licensed location on the side of the building with the main entrance.
(b) Each advertisement sign must be no larger than one thousand six hundred square inches and be:
(i) Affixed on the building of the licensed location on the side of the building with the main entrance; or
(ii) Hanging in the windows of the licensed location on the side of the building with the main entrance.
(c)(i) Any advertising signs that are visible to the public from the public right-of-way, whether on the building or through a window of the building, will be considered advertising for the purposes of this section.
(ii) Signs that are less than 512 square inches are not considered advertising for purposes of this section if the sign does not include any brand names, trade names, or images of any cannabis product and only indicates information including, but not limited to:
(A) Hours of operation;
(B) Business is open or closed;
(C) The presence of an ATM machine;
(D) The word "welcome";
(E) Required signs or notices; and
(F) Community notices.
(3)(a) In addition to the four signs described in subsection (2) of this section, licensed businesses may use up to two trade name signs.
(b) Trade name signs must be limited to two signs and comply with local authority regulations related to the size of signs for the city, town, or county in which the licensed cannabis retailer is located. The enforcement of the size of trade name signs and billboards is the responsibility of the city, town, or county in which the licensed cannabis retailer is located.
(c) Trade name signs may only reflect the trade name of the licensed business and may not contain cannabis products or product brand names.
(d) One of the two trade name signs may be a double-sided sign, such as a pylon sign or monolith sign, that contains identical content on each side. A double-sided sign that contains identical content on each side is considered to be one trade name sign for purposes of this section.
(4) All signage, advertising, and billboard content is prohibited if the content portrays:
(a) Alcohol or its use;
(b) Tobacco or nicotine or its use; or
(c) Any association with a motor vehicle or operation of a motor vehicle.
(5) Any cannabis-related advertising in any business licensed by the board under chapter 70.345, 82.24, or 82.26 RCW is prohibited.
(6) The location and content of the retail cannabis signs authorized under subsection (2) of this section are subject to all other requirements and restrictions established in this section for indoor signs, outdoor signs, and other cannabis-related advertising methods.
(7) Nothing in this section prohibits the use of other signage that does not represent cannabis or cannabis products, the business trade name, nature of the business, or contains only general information not related to the products or services of the cannabis business.
(8) A cannabis licensee may not utilize transit advertisements for the purpose of advertising its business or product line.
(9) A cannabis licensee may not engage in advertising or other marketing practice that specifically targets persons residing outside of the state of Washington.
(10) Any advertisement for a cannabis business or cannabis products, regardless of the form of medium used, must contain text indicating that only persons 21 years of age or older may purchase or possess cannabis products. The text must be of a reasonable size to be easily read by consumers. This subsection does not apply to trade name signs.
(11) A cannabis licensee may not:
(a) Take any action, directly or indirectly, to target youth in the advertising, promotion, or marketing of cannabis and cannabis products, or take any action the primary purpose of which is to initiate, maintain, or increase the incidence of youth use of cannabis or cannabis products;
(b) Use objects such as toys or inflatables, movie or cartoon characters, or any other depiction or image likely to be appealing to persons under 21 years of age, where such objects, images, or depictions indicate an intent to cause youth to become interested in the purchase or consumption of cannabis products;
(c) Use or employ a commercial mascot outside of, and in proximity to, a licensed cannabis business; or
(d) Advertise, offer for sale, or sell cannabis at less than acquisition cost. This subsection does not apply to any sales made for a product designated for medical cannabis use by qualifying patients as defined in RCW 69.51A.010.
(12) A cannabis licensee that engages in outdoor advertising is subject to the advertising requirements and restrictions set forth in this subsection and elsewhere in this chapter.
(a) All outdoor advertising signs, including billboards, are limited to text that identifies the retail outlet by the licensee's business or trade name, states the location of the business, and identifies the type or nature of the business. Such signs may not contain any depictions of cannabis plants, cannabis products, or images that might be appealing to children. The board is granted rule-making authority to regulate the text and images that are permissible on outdoor advertising. Such rule making must be consistent with other administrative rules generally applicable to the advertising of cannabis businesses and products.
(b) Outdoor advertising is prohibited:
(i) On signs and placards in arenas, stadiums, shopping malls, fairs that receive state allocations, farmers markets, and video game arcades, whether any of the foregoing are open air or enclosed, but not including any such sign or placard located in an age-restricted area classified by the board as off-limits to persons under 21 years of age; and
(ii) Billboards that are visible from any street, road, highway, right-of-way, or public parking area are prohibited, except as provided in (c) of this subsection.
(c) Licensed retail outlets may use a billboard or outdoor sign solely for the purpose of identifying the name of the business, the nature of the business, and providing the public with directional information to the licensed retail outlet. Billboard advertising is subject to the same requirements and restrictions as set forth in (a) of this subsection.
(d) Advertising signs within the premises of a retail cannabis business outlet that are clearly visible to the public from outside the premises must meet the signage regulations and requirements applicable to outdoor signs as set forth in this section.
(e) The restrictions and regulations applicable to outdoor advertising under this section are not applicable to:
(i) An advertisement inside a licensed retail establishment that sells cannabis products that is not placed on the inside surface of a window facing outward; or
(ii) An outdoor advertisement at the site of an event to be held in an area classified by the board as off-limits to persons under 21 years of age that is placed at such site during the period the facility or enclosed area is classified as age-restricted by the board, but in no event more than fourteen days before the event, and that does not advertise any cannabis product other than by using a brand name to identify the event.
(13) Placement of products within a retail outlet is not advertising for the purposes of this section.
(14) This section does not apply to a noncommercial message.
(15) "Adopt-a-Highway" signs erected by the Washington state department of transportation under a current valid sponsorship with the department of transportation are not considered advertising for the purposes of this section.
(16)(a) The board must:
(i) Adopt rules implementing this section and specifically including provisions regulating the billboards and outdoor signs authorized under this section; and
(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. The rules must establish escalating penalties including fines and up to suspension or revocation of a cannabis license for subsequent violations.
(b) Fines collected under this subsection must be deposited into the dedicated cannabis account created under RCW 69.50.530.
(17) A city, town, or county may adopt rules of outdoor advertising by licensed cannabis retailers that are more restrictive than the advertising restrictions imposed under this chapter. Enforcement of restrictions to advertising by a city, town, or county is the responsibility of the city, town, or county.
(18) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Commercial mascot" means a live human being, animal, or mechanical device used for attracting the attention of motorists and passersby so as to make them aware of cannabis products or the presence of a cannabis business. Commercial mascots include, but are not limited to, inflatable tube displays, persons in costume, or wearing, holding, or spinning a sign with a cannabis-related commercial message or image, where the intent is to draw attention to a cannabis business or its products.
(b) "Trade name" means the name as it appears on the license issued to the licensee.
(c) "Transit advertisements" means advertising on or within private or public vehicles and all advertisements placed at, on, or within any bus stop, taxi stand, transportation waiting area, train station, airport, or any similar transit-related location.
[ 2025 c 378 s 1; 2022 c 16 s 75; 2017 c 317 s 14; 2015 2nd sp.s. c 4 s 204; 2013 c 3 s 18 (Initiative Measure No. 502, approved November 6, 2012).]
Notes:
Effective date—2025 c 378: "This act takes effect January 1, 2026." [ 2025 c 378 s 2.]
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.

catchline: Cannabis producers, processors, researchers, retailers—Advertising—Rules—Penalty.


title: RCW 69.50.372

text:
(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
(d) To conduct genomic or agricultural research.
(2) As part of the application process for a cannabis research license, an applicant must submit to the board's designated scientific reviewer a description of the research that is intended to be conducted. The board must select a scientific reviewer to review an applicant's research project and determine that it meets the requirements of subsection (1) of this section, as well as assess the following:
(a) Project quality, study design, value, or impact;
(b) Whether applicants have the appropriate personnel, expertise, facilities/infrastructure, funding, and human/animal/other federal approvals in place to successfully conduct the project; and
(c) Whether the amount of cannabis to be grown by the applicant is consistent with the project's scope and goals.
If the scientific reviewer determines that the research project does not meet the requirements of subsection (1) of this section, the application must be denied.
(3) A cannabis research licensee may only sell cannabis grown or within its operation to other cannabis research licensees. The board may revoke a cannabis research license for violations of this subsection.
(4) A cannabis research licensee may contract with the University of Washington or Washington State University to perform research in conjunction with the university. All research projects, not including those projects conducted pursuant to a contract entered into under RCW 28B.20.502(3), must be approved by the scientific reviewer and meet the requirements of subsection (1) of this section.
(5) In establishing a cannabis research license, the board may adopt rules on the following:
(a) Application requirements;
(b) Cannabis research license renewal requirements, including whether additional research projects may be added or considered;
(c) Conditions for license revocation;
(d) Security measures to ensure cannabis is not diverted to purposes other than research;
(e) Amount of plants, useable cannabis, cannabis concentrates, or cannabis-infused products a licensee may have on its premises;
(f) Licensee reporting requirements;
(g) Conditions under which cannabis grown by licensed cannabis producers and other product types from licensed cannabis processors may be donated to cannabis research licensees; and
(h) Additional requirements deemed necessary by the board.
(6) The production, processing, possession, delivery, donation, and sale of cannabis, including immature plants or clones and seeds, in accordance with this section, RCW 69.50.366(3), and the rules adopted to implement and enforce this section and RCW 69.50.366(3), by a validly licensed cannabis researcher, shall not be a criminal or civil offense under Washington state law. Every cannabis research license must be issued in the name of the applicant, must specify the location at which the cannabis researcher intends to operate, which must be within the state of Washington, and the holder thereof may not allow any other person to use the license.
(7) The application fee for a cannabis research license is two hundred fifty dollars. The annual fee for issuance and renewal of a cannabis research license is one thousand three hundred dollars. The applicant must pay the cost of the review process directly to the scientific reviewer as designated by the board.
(8) The scientific reviewer shall review any reports made by cannabis research licensees under board rule and provide the board with its determination on whether the research project continues to meet research qualifications under this section.
(9) For the purposes of this section, "scientific reviewer" means an organization that convenes or contracts with persons who have the training and experience in research practice and research methodology to determine whether a project meets the criteria for a cannabis research license under this section and to review any reports submitted by cannabis research licensees under board rule. "Scientific reviewers" include, but are not limited to, educational institutions, research institutions, peer review bodies, or such other organizations that are focused on science or research in its day-to-day activities.
[ 2022 c 16 s 76. Prior: 2017 c 317 s 3; 2017 c 316 s 3; 2016 sp.s. c 9 s 1; 2015 2nd sp.s. c 4 s 1501; 2015 c 71 s 1.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
Effective date—2017 c 316: See note following RCW 69.50.325.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

catchline: Cannabis research license.


title: RCW 69.50.375

text:
(1) A medical cannabis endorsement to a cannabis retail license is hereby established to permit a cannabis retailer to sell cannabis for medical use to qualifying patients and designated providers. This endorsement also permits such retailers to provide cannabis at no charge, at their discretion, to qualifying patients and designated providers.
(2) An applicant may apply for a medical cannabis endorsement concurrently with an application for a cannabis retail license.
(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 69.51A.230 and issue recognition cards and agree to enter qualifying patients and designated providers into the database and issue recognition cards in compliance with department standards;
(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
(f) Meet other requirements as adopted by rule of the department or the board.
(4) The department, in conjunction with the board, must adopt rules on requirements for cannabis concentrates, useable cannabis, and cannabis-infused products that may be sold, or provided at no charge, to qualifying patients or designated providers at a retail outlet holding a medical cannabis endorsement. These rules must include:
(a) THC concentration, CBD concentration, or low THC, high CBD ratios appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products sold to qualifying patients or designated providers;
(b) Labeling requirements including that the labels attached to cannabis concentrates, useable cannabis, or cannabis-infused products contain THC concentration, CBD concentration, and THC to CBD ratios;
(c) Other product requirements, including any additional mold, fungus, or pesticide testing requirements, or limitations to the types of solvents that may be used in cannabis processing that the department deems necessary to address the medical needs of qualifying patients;
(d) Safe handling requirements for cannabis concentrates, useable cannabis, or cannabis-infused products; and
(e) Training requirements for employees.
(5) A cannabis retailer holding an endorsement to sell cannabis to qualifying patients or designated providers must train its employees on:
(a) Procedures regarding the recognition of valid authorizations and the use of equipment to enter qualifying patients and designated providers into the medical cannabis authorization database;
(b) Recognition of valid recognition cards; and
(c) Recognition of strains, varieties, THC concentration, CBD concentration, and THC to CBD ratios of cannabis concentrates, useable cannabis, and cannabis-infused products, available for sale when assisting qualifying patients and designated providers at the retail outlet.
[ 2022 c 16 s 77; 2015 c 70 s 10.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Cannabis retailers—Medical cannabis endorsement.


title: RCW 69.50.378

text:
A cannabis retailer or a cannabis retailer holding a medical cannabis endorsement may sell products with a THC concentration of 0.3 percent or less. Cannabis retailers holding a medical cannabis endorsement may also provide these products at no charge to qualifying patients or designated providers.
[ 2022 c 16 s 78; 2015 c 70 s 11.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.

catchline: Cannabis retailer holding medical cannabis endorsement—THC concentration in products.


title: RCW 69.50.380

text:
(1) Cannabis producers, processors, and retailers are prohibited from making sales of any cannabis or cannabis product, if the sale of the cannabis or cannabis product is conditioned upon the buyer's purchase of any service or noncannabis product. This subsection applies whether the buyer purchases such service or noncannabis product at the time of sale of the cannabis or cannabis product, or in a separate transaction.
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Cannabis product" means "useable cannabis," "cannabis concentrates," and "cannabis-infused products," as those terms are defined in RCW 69.50.101.
(b) "Noncannabis product" includes paraphernalia, promotional items, lighters, bags, boxes, containers, and such other items as may be identified by the board.
(c) "Selling price" has the same meaning as in RCW 69.50.535.
(d) "Service" includes memberships and any other services identified by the board.
[ 2022 c 16 s 79; 2015 2nd sp.s. c 4 s 211.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

catchline: Cannabis producers, processors, retailers prohibited from making certain sales of cannabis, cannabis products.


title: RCW 69.50.382

text:
(1) A licensed cannabis producer, cannabis processor, cannabis researcher, or cannabis retailer, or their employees, in accordance with the requirements of this chapter and the administrative rules adopted thereunder, may use the services of a common carrier subject to regulation under chapters 81.28 and 81.29 RCW and licensed in compliance with the regulations established under RCW 69.50.385, to physically transport or deliver, as authorized under this chapter, cannabis, useable cannabis, cannabis concentrates, immature plants or clones, cannabis seeds, and cannabis-infused products between licensed cannabis businesses located within the state.
(2) An employee of a common carrier engaged in cannabis-related transportation or delivery services authorized under subsection (1) of this section is prohibited from carrying or using a firearm during the course of providing such services, unless:
(a) Pursuant to RCW 69.50.385, the board explicitly authorizes the carrying or use of firearms by such employee while engaged in the transportation or delivery services;
(b) The employee has an armed private security guard license issued pursuant to RCW 18.170.040; and
(c) The employee is in full compliance with the regulations established by the board under RCW 69.50.385.
(3) A common carrier licensed under RCW 69.50.385 may, for the purpose of transporting and delivering cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products, utilize Washington state ferry routes for such transportation and delivery.
(4) The possession of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW 69.50.385(3), by a licensed employee of a common carrier when performing the duties authorized under, and in accordance with, this section and RCW 69.50.385, is not a violation of this section, this chapter, or any other provision of Washington state law.
[ 2022 c 16 s 80; 2017 c 317 s 7; 2015 2nd sp.s. c 4 s 501.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

catchline: 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.


title: RCW 69.50.385

text:
(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.
(2) The rules for licensing must:
(a) Establish criteria for considering the approval or denial of a common carrier's original application or renewal application;
(b) Provide minimum qualifications for any employee authorized to drive or operate the transportation or delivery vehicle, including a minimum age of at least twenty-one years;
(c) Address the safety of the employees transporting or delivering the products, including issues relating to the carrying of firearms by such employees;
(d) Address the security of the products being transported, including a system of electronically tracking all products at both the point of pickup and the point of delivery; and
(e) Set reasonable fees for the application and licensing process.
(3) The board may adopt rules establishing the maximum amounts of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products that may be physically transported or delivered at one time by a common carrier as provided under RCW 69.50.382.
[ 2022 c 16 s 81; 2015 2nd sp.s. c 4 s 502.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

catchline: Common carriers—Licensing—State liquor and cannabis board to adopt rules.


title: RCW 69.50.390

text:
(1) A retailer licensed under this chapter is prohibited from operating a vending machine, as defined in RCW 82.08.080(3) for the sale of cannabis products at retail or a drive-through purchase facility where cannabis products are sold at retail and dispensed through a window or door to a purchaser who is either in or on a motor vehicle or otherwise located outside of the licensed premises at the time of sale.
(2) The board may not issue, transfer, or renew a cannabis retail license for any licensee in violation of the provisions of subsection (1) of this section.
[ 2022 c 16 s 82; 2015 2nd sp.s. c 4 s 1301.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

catchline: Licensed retailers prohibited from operating vending machines, drive-through purchase facilities for the sale of cannabis products.


title: RCW 69.50.395

text:
(1) A licensed cannabis business may enter into an agreement with any person, business, or other entity for:
(a) Any goods or services that are registered as a trademark under federal law, under chapter 19.77 RCW, or under any other state or international trademark law;
(b) Any unregistered trademark, trade name, or trade dress; or
(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.
(2) Any agreements entered into by a licensed cannabis business, as authorized under this section, must be disclosed to the board and may include:
(a) A royalty fee or flat rate calculated based on sales of each product that includes the intellectual property or was manufactured or sold using the licensed intellectual property or service, provided that the royalty fee is no greater than an amount equivalent to ten percent of the licensed cannabis business's gross sales derived from the sale of such product;
(b) A flat rate or lump sum calculated based on time or milestones;
(c) Terms giving either party exclusivity or qualified exclusivity as it relates to use of the intellectual property;
(d) Quality control standards as necessary to protect the integrity of the intellectual property;
(e) Enforcement obligations to be undertaken by the licensed cannabis business;
(f) Covenants to use the licensed intellectual property; and
(g) Assignment of licensor improvements of the intellectual property.
(3) A person, business, or entity that enters into an agreement with a licensed cannabis business, where both parties to the agreement are in compliance with the terms of this section, is exempt from the requirement to qualify for a cannabis business license for purposes of the agreements authorized by subsection (1) of this section.
(4) All agreements entered into by a licensed cannabis business, as authorized by this section, are subject to the board's recordkeeping requirements as established by rule.
[ 2022 c 16 s 83; 2019 c 380 s 1; 2017 c 317 s 16.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.

catchline: Licensed cannabis businesses, agreements—Disclosure to state liquor and cannabis board.


title: RCW 69.50.401

text:
(1) Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.
(2) Any person who violates this section with respect to:
(a) A controlled substance classified in Schedule I or II which is a narcotic drug or flunitrazepam, including its salts, isomers, and salts of isomers, classified in Schedule IV, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, or (i) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (ii) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine;
(b) Amphetamine, including its salts, isomers, and salts of isomers, or methamphetamine, including its salts, isomers, and salts of isomers, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, or (i) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (ii) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine, including its salts, isomers, and salts of isomers. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost;
(c) Any other controlled substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW, except as provided in RCW 69.50.475;
(d) A substance classified in Schedule IV, except flunitrazepam, including its salts, isomers, and salts of isomers, is guilty of a class C felony punishable according to chapter 9A.20 RCW; or
(e) A substance classified in Schedule V, is guilty of a class C felony punishable according to chapter 9A.20 RCW.
(3) The production, manufacture, processing, packaging, delivery, distribution, sale, or possession of cannabis in compliance with the terms set forth in RCW 69.50.360, 69.50.363, or 69.50.366 shall not constitute a violation of this section, this chapter, or any other provision of Washington state law.
(4) The fines in this section apply to adult offenders only.
[ 2022 c 16 s 84; 2019 c 379 s 2; 2015 c 265 s 34; 2013 c 3 s 19 (Initiative Measure No. 502, approved November 6, 2012); 2005 c 218 s 1; 2003 c 53 s 331. Prior: 1998 c 290 s 1; 1998 c 82 s 2; 1997 c 71 s 2; 1996 c 205 s 2; 1989 c 271 s 104; 1987 c 458 s 4; 1979 c 67 s 1; 1973 2nd ex.s. c 2 s 1; 1971 ex.s. c 308 s 69.50.401.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Application—1998 c 290: "This act applies to crimes committed on or after July 1, 1998." [ 1998 c 290 s 9.]
Effective date—1998 c 290: "This act takes effect July 1, 1998." [ 1998 c 290 s 10.]
Severability—1998 c 290: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1998 c 290 s 11.]
Application—1989 c 271 ss 101-111: See note following RCW 9.94A.510.
Severability—1989 c 271: See note following RCW 9.94A.510.
Severability—1987 c 458: See note following RCW 48.21.160.
Serious drug offenders, notice of release or escape: RCW 72.09.710.

catchline: Prohibited acts: A—Penalties.


title: RCW 69.50.4011

text:
(1) Except as authorized by this chapter, it is unlawful for any person to:
(a) Create or deliver a counterfeit substance;
(b) Knowingly possess a counterfeit substance; or
(c) Knowingly use a counterfeit substance in a public place.
(2) Any person who violates subsection (1)(a) of this section with respect to:
(a) A counterfeit substance classified in Schedule I or II which is a narcotic drug, or flunitrazepam classified in Schedule IV, is guilty of a class B felony and upon conviction may be imprisoned for not more than 10 years, fined not more than $25,000, or both;
(b) A counterfeit substance which is methamphetamine, is guilty of a class B felony and upon conviction may be imprisoned for not more than 10 years, fined not more than $25,000, or both;
(c) Any other counterfeit substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW;
(d) A counterfeit substance classified in Schedule IV, except flunitrazepam, is guilty of a class C felony punishable according to chapter 9A.20 RCW;
(e) A counterfeit substance classified in Schedule V, is guilty of a class C felony punishable according to chapter 9A.20 RCW.
(3)(a) A violation of subsection (1)(b) or (c) of this section is a gross misdemeanor punishable by imprisonment of up to 180 days, or by a fine of not more than $1,000, or by both such imprisonment and fine, however, if the defendant has two or more prior convictions under subsection (1)(b) or (c) of this section occurring after July 1, 2023, a violation of subsection (1)(b) or (c) of this section is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services.
(b) No person may be charged under both subsection (1)(b) and (c) of this section relating to the same course of conduct.
(c) In lieu of jail booking and referral to the prosecutor, law enforcement is encouraged to offer a referral to assessment and services available under RCW 10.31.110 or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW 36.28A.450, law enforcement assisted diversion programs established under RCW 71.24.589, and the recovery navigator program established under RCW 71.24.115.
(4) For the purposes of this section, "public place" has the same meaning as defined in RCW 66.04.010, but the exclusions in RCW 66.04.011 do not apply.
(5) For the purposes of this section, "use a counterfeit substance" means to introduce the substance into the human body by injection, inhalation, ingestion, or any other means.
[ 2023 sp.s. c 1 s 1; (2021 c 311 s 8 expired July 1, 2023); 2003 c 53 s 332.]
Notes:
Effective date—2023 sp.s. c 1 ss 1-5, 7-11, and 41: "Sections 1 through 5, 7 through 11, and 41 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2023." [ 2023 sp.s. c 1 s 42.]
Expiration date—2023 sp.s. c 1; 2021 c 311 ss 8-10 and 12: "Sections 8 through 10 and 12 of this act expire July 1, 2023." [ 2023 sp.s. c 1 s 41; 2021 c 311 s 29.]
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Counterfeit substances—Penalties—Referral to assessment and services.


title: RCW 69.50.4012

text:
(1) It is unlawful, except as authorized in this chapter and chapter 69.41 RCW, for any person to offer, arrange, or negotiate for the sale, gift, delivery, dispensing, distribution, or administration of a controlled substance to any person and then sell, give, deliver, dispense, distribute, or administer to that person any other liquid, substance, or material in lieu of such controlled substance.
(2) Any person who violates this section is guilty of a class C felony punishable according to chapter 9A.20 RCW.
[ 2003 c 53 s 333.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Delivery of substance in lieu of controlled substance—Penalty.


title: RCW 69.50.4013

text:
(1) Except as otherwise authorized by this chapter, it is unlawful for any person to:
(a) Knowingly 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
(b) Knowingly use a controlled substance in a public place, 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.
(2)(a) Except as provided in RCW 69.50.4014 or 69.50.445, a violation of subsection (1)(a) or (b) of this section is a gross misdemeanor punishable by imprisonment of up to 180 days in jail, or by a fine of not more than $1,000, or by both such imprisonment and fine, however, if the defendant has two or more prior convictions under subsection (1)(a) or (b) of this section occurring after July 1, 2023, a violation of subsection (1)(a) or (b) of this section is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services.
(b) No person may be charged under both subsection (1)(a) and (b) of this section relating to the same course of conduct.
(c) In lieu of jail booking and referral to the prosecutor, law enforcement is encouraged to offer a referral to assessment and services available under RCW 10.31.110 or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW 36.28A.450, law enforcement assisted diversion programs established under RCW 71.24.589, and the recovery navigator program established under RCW 71.24.115.
(3)(a) The possession, by a person 21 years of age or older, of useable cannabis, cannabis concentrates, or cannabis-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) is not a violation of this section, this chapter, or any other provision of Washington state law.
(b) The possession of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW 69.50.385(3), by a licensed employee of a common carrier when performing the duties authorized in accordance with RCW 69.50.382 and 69.50.385, is not a violation of this section, this chapter, or any other provision of Washington state law.
(4)(a) The delivery by a person 21 years of age or older to one or more persons 21 years of age or older, during a single 24 hour period, for noncommercial purposes and not conditioned upon or done in connection with the provision or receipt of financial consideration, of any of the following cannabis products, is not a violation of this section, this chapter, or any other provisions of Washington state law:
(i) One-half ounce of useable cannabis;
(ii) Eight ounces of cannabis-infused product in solid form;
(iii) 36 ounces of cannabis-infused product in liquid form unless the cannabis-infused product in liquid form is packaged in individual units containing no more than four milligrams of THC per unit;
(iv) 100 milligrams of THC within a cannabis-infused product in liquid form if the product is packaged in individual units containing no more than four milligrams of THC per unit; or
(v) Three and one-half grams of cannabis concentrates.
(b) The act of delivering cannabis or a cannabis product as authorized under this subsection (4) 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
(ii) The cannabis or cannabis product must be in the original packaging as purchased from the cannabis retailer.
(5) No person under 21 years of age may manufacture, sell, distribute, or knowingly possess cannabis, cannabis-infused products, or cannabis concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.
(6) The possession by a qualifying patient or designated provider of cannabis concentrates, useable cannabis, cannabis-infused products, or plants in accordance with chapter 69.51A RCW is not a violation of this section, this chapter, or any other provision of Washington state law.
(7) For the purposes of this section, "public place" has the same meaning as defined in RCW 66.04.010, but the exclusions in RCW 66.04.011 do not apply.
(8) For the purposes of this section, "use a controlled substance" means to introduce the substance into the human body by injection, inhalation, ingestion, or any other means.
[ 2024 c 9 s 2; 2023 sp.s. c 1 s 2; 2022 c 16 s 86; (2022 c 16 s 85 expired July 1, 2023); (2021 c 311 s 9 expired July 1, 2023); 2017 c 317 s 15; 2015 2nd sp.s. c 4 s 503; 2015 c 70 s 14; 2013 c 3 s 20 (Initiative Measure No. 502, approved November 6, 2012); 2003 c 53 s 334.]
Notes:
Effective date—2023 sp.s. c 1 ss 1-5, 7-11, and 41: See note following RCW 69.50.4011.
Effective date—2022 c 16 ss 5, 9, 86, and 88: "Sections 5, 9, 86, and 88 of this act take effect July 1, 2023." [ 2022 c 16 s 172.]
Expiration date—2022 c 16 ss 4, 8, 85, and 87: "Sections 4, 8, 85, and 87 of this act expire July 1, 2023." [ 2022 c 16 s 171.]
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Expiration date—2021 c 311 ss 8-10 and 12: See note following RCW 69.50.4011.
Findings—Application—2017 c 317: See notes following RCW 69.50.325.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.
Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Possession, use of controlled substance—Penalty—Referral to assessment and services—Possession of useable cannabis, cannabis concentrates, or cannabis-infused products—Delivery.


title: RCW 69.50.4014

text:
(1) Except as provided in RCW 69.50.401(2)(c) or as otherwise authorized by this chapter, any person found guilty of knowing possession of 40 grams or less of cannabis is guilty of a misdemeanor. The prosecutor is encouraged to divert cases under this section for assessment, treatment, or other services.
(2) In lieu of jail booking and referral to the prosecutor, law enforcement is encouraged to offer a referral to assessment and services available under RCW 10.31.110 or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW 36.28A.450, law enforcement assisted diversion programs established under RCW 71.24.589, and the recovery navigator program established under RCW 71.24.115.
[ 2023 sp.s. c 1 s 3; 2022 c 16 s 88; (2022 c 16 s 87 expired July 1, 2023); (2021 c 311 s 10 expired July 1, 2023); 2015 2nd sp.s. c 4 s 505; 2003 c 53 s 335.]
Notes:
Effective date—2023 sp.s. c 1 ss 1-5, 7-11, and 41: See note following RCW 69.50.4011.
Effective date—2022 c 16 ss 5, 9, 86, and 88: See note following RCW 69.50.4013.
Expiration date—2022 c 16 ss 4, 8, 85, and 87: See note following RCW 69.50.4013.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Expiration date—2021 c 311 ss 8-10 and 12: See note following RCW 69.50.4011.
Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Possession of forty grams or less of cannabis—Penalty—Referral to assessment and services.


title: RCW 69.50.4015

text:
(1) It is unlawful to compensate, threaten, solicit, or in any other manner involve a person under the age of eighteen years in a transaction unlawfully to manufacture, sell, or deliver a controlled substance.
(2) A violation of this section is a class C felony punishable according to chapter 9A.20 RCW.
[ 2003 c 53 s 336.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Involving a person under eighteen in unlawful controlled substance transaction—Penalty.


title: RCW 69.50.4016

text:
RCW 69.50.401 through 69.50.4015 shall not apply to offenses defined and punishable under the provisions of RCW 69.50.410.
[ 2003 c 53 s 337.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Provisions not applicable to offenses under RCW 69.50.410.


title: RCW 69.50.4017

text:
(1) Nothing in this section prevents the defendant, with the consent of the prosecuting attorney as required by RCW 2.30.030, from seeking to resolve charges under RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) through available therapeutic courts or other alternatives to prosecution including, but not limited to, a stipulated order of continuance or deferred prosecution. Nothing in this section prevents the defendant or the prosecuting attorney from seeking or agreeing to, or the court from ordering, any other resolution of charges or terms of supervision that suit the circumstances of the defendant's situation and advance stabilization, recovery, crime reduction, and justice.
(2) In any jurisdiction with a recovery navigator program established under RCW 71.24.115, an arrest and jail alternative program established under RCW 36.28A.450, or a law enforcement assisted diversion program established under RCW 71.24.589, any defendant charged with a violation of RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) may make a motion to participate in pretrial diversion and agree to waive his or her right to a speedy trial if the motion is granted, subject to the following:
(a) In any case where the defendant is only charged with a violation of RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c), and the defendant has not been convicted of any offenses committed after July 1, 2023, the court shall grant the motion, continue the hearing, and refer the defendant to a recovery navigator program established under RCW 71.24.115, an arrest and jail alternative program established under RCW 36.28A.450, or a law enforcement assisted diversion program established under RCW 71.24.589.
(b) In any case where the defendant does not meet the criteria described in (a) of this subsection, the court may grant the motion, continue the hearing, and refer the defendant to a recovery navigator program established under RCW 71.24.115, an arrest and jail alternative program established under RCW 36.28A.450, or a law enforcement assisted diversion program established under RCW 71.24.589.
(c) In all cases, the court may not grant the motion unless the prosecuting attorney consents to the defendant's participation in pretrial diversion. The prosecuting attorney is strongly encouraged to agree to diversion in any case where the defendant is only charged with a violation of RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c). The prosecuting attorney may divert additional charges related to substance use disorder for nonfelony offenses that are not crimes against persons.
(3) Prior to granting the defendant's motion to participate in pretrial diversion under this section, the court shall provide the defendant and the defendant's counsel with the following information:
(a) A full description of the procedures for pretrial diversion;
(b) A general explanation of the roles and authority of the probation department, the prosecuting attorney, the recovery navigator program under RCW 71.24.115, arrest and jail alternative program under RCW 36.28A.450, or law enforcement assisted diversion program under RCW 71.24.589, and the court in the process;
(c) A clear statement that the court may grant pretrial diversion with respect to any offense under RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) that is charged, provided that the defendant pleads not guilty to the charge or charges and waives his or her right to a speedy trial, and that upon the defendant's successful completion of pretrial diversion, as specified in subsection (11) of this section, and motion of the defendant, prosecuting attorney, court, or probation department, the court must dismiss the charge or charges against the defendant;
(d) A clear statement that if the defendant has not made substantial progress with treatment or services provided that are appropriate to the defendant's circumstances or, if applicable, community service, the prosecuting attorney may make a motion to terminate pretrial diversion and schedule further proceedings as otherwise provided in this section;
(e) An explanation of criminal record retention and disposition resulting from participation in pretrial diversion and the defendant's rights relative to answering questions about his or her arrest and pretrial diversion following successful completion; and
(f) A clear statement that under federal law it is unlawful for any person who is an unlawful user of or addicted to any controlled substance to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition, or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
(4) If the court grants the defendant's motion to participate in pretrial diversion under this section, the recovery navigator program established under RCW 71.24.115, the arrest and jail alternative program established under RCW 36.28A.450, or the law enforcement assisted diversion program established under RCW 71.24.589, shall provide the court written confirmation of completion of the assessment and a statement indicating the defendant's enrollment or referral to any specific service or program. The confirmation and statement of the recovery navigator program established under RCW 71.24.115, the arrest and jail alternative program established under RCW 36.28A.450, or the law enforcement assisted diversion program established under RCW 71.24.589 shall be filed under seal with the court, and a copy shall be given to the prosecuting attorney, defendant, and defendant's counsel. The confirmation and statement are confidential and exempt from disclosure under chapter 42.56 RCW. The court shall endeavor to avoid public discussion of the circumstances, history, or diagnoses that could stigmatize the defendant.
(5) Subject to the availability of funds appropriated for this specific purpose, the assessment and recommended treatment or services must be provided at no cost for defendants who have been found to be indigent by the court.
(6) If the assessment conducted by the recovery navigator program established under RCW 71.24.115, the arrest and jail alternative program established under RCW 36.28A.450, or the law enforcement assisted diversion program established under RCW 71.24.589 includes a referral to any treatment or services, the recovery navigator program established under RCW 71.24.115, the arrest and jail alternative program established under RCW 36.28A.450, the law enforcement assisted diversion program established under RCW 71.24.589, or service provider shall provide the court with regular written status updates on the defendant's progress on a schedule acceptable to the court. The updates must be provided at least monthly and be filed under seal with the court, with copies given to the prosecuting attorney, defendant, and defendant's counsel. The updates and their copies are confidential and exempt from disclosure under chapter 42.56 RCW. The court shall endeavor to avoid public discussion of the circumstances, history, or diagnoses that could stigmatize the defendant.
(7) If the assessment conducted by the recovery navigator program established under RCW 71.24.115, the arrest and jail alternative program established under RCW 36.28A.450, or the law enforcement assisted diversion program established under RCW 71.24.589 does not recommend any treatment or services, the defendant must instead complete an amount of community service as determined by the court, but not to exceed 120 hours of community service, in order to complete pretrial diversion.
(8) Admissions made by the individual in the course of receiving services from the recovery navigator program established under RCW 71.24.115, the arrest and jail alternative program established under RCW 36.28A.450, or the law enforcement assisted diversion program established under RCW 71.24.589 may not be used against the individual in the prosecution's case in chief.
(9) A defendant's participation in pretrial diversion under this section does not constitute a conviction, a stipulation to facts, or an admission of guilt for any purpose.
(10) If it appears to the prosecuting attorney that the defendant is not substantially complying with the recommended treatment or services as reflected by a written status update, the prosecuting attorney may make a motion for termination from pretrial diversion.
(a) After notice to the defendant, the court must hold a hearing to determine whether pretrial diversion shall be terminated.
(b) Before the hearing, the defendant and the defendant's counsel shall be advised of the nature of the alleged noncompliance and provided discovery of evidence supporting the allegation, including names and contact information of witnesses.
(c) At the hearing, the court must consider the following factors:
(i) The nature of the alleged noncompliance; and
(ii) Any other mitigating circumstances, including, but not limited to, the defendant's efforts and due diligence, the availability of services in the geographic area, and the treatment and services offered to the defendant.
(d) If the court finds the defendant is not substantially complying with the recommended treatment or services and thereafter terminates pretrial diversion, it shall state the grounds for its decision succinctly in the record and provide the prosecuting attorney, the defendant, and the defendant's counsel with a written order.
(11) If the defendant successfully completes pretrial diversion, including in one of the following ways, the charge or charges under RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) must be dismissed:
(a) If the assessment prepared by the recovery navigator program, arrest and jail alternative program, or law enforcement assisted diversion program included a recommendation for treatment or services, the defendant successfully completes pretrial diversion either by having 12 months of substantial compliance with the assessment and recommended treatment or services and progress toward recovery goals as reflected by the written status updates or by successfully completing the recommended treatment or services, whichever occurs first; or
(b) If the assessment prepared by the recovery navigator program, arrest and jail alternative program, or law enforcement assisted diversion program did not include a recommendation for treatment or services, the defendant successfully completes pretrial diversion by completing the community service described in subsection (7) of this section and submitting proof of completion to the court.
(12) Beginning January 1, 2025, the recovery navigator programs established under RCW 71.24.115, arrest and jail alternative programs established under RCW 36.28A.450, and law enforcement assisted diversion programs established under RCW 71.24.589 shall input data and information in the data integration platform under RCW 71.24.908 for each case where the defendant participates in pretrial diversion under this section, including but not limited to the following:
(a) Whether the pretrial diversion was terminated or was successfully completed and resulted in a dismissal;
(b) The race, ethnicity, gender, gender expression or identity, disability status, and age of the defendant; and
(c) Any other appropriate data and information as determined by the health care authority.
[ 2023 sp.s. c 1 s 9.]
Notes:
Effective date—2023 sp.s. c 1 ss 1-5, 7-11, and 41: See note following RCW 69.50.4011.

catchline: Alternatives to prosecution—Pretrial diversion.


title: RCW 69.50.4018

text:
When sentencing an individual for a violation of RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c), the court is encouraged to utilize any other resolution of the charges or terms of supervision that suit the circumstances of the defendant's situation and advance stabilization, recovery, crime reduction, and justice.
[ 2023 sp.s. c 1 s 10.]
Notes:
Effective date—2023 sp.s. c 1 ss 1-5, 7-11, and 41: See note following RCW 69.50.4011.

catchline: Sentencing considerations.


title: RCW 69.50.402

text:
(1) It is unlawful for any person:
(a) Who is subject to Article III to distribute or dispense a controlled substance in violation of RCW 69.50.308;
(b) Who is a registrant, to manufacture a controlled substance not authorized by his or her registration, or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person;
(c) Who is a practitioner, to prescribe, order, dispense, administer, supply, or give to any person:
(i) Any amphetamine, including its salts, optical isomers, and salts of optical isomers classified as a Schedule II controlled substance by the commission pursuant to chapter 34.05 RCW; or
(ii) Any nonnarcotic stimulant classified as a Schedule II controlled substance and designated as a nonnarcotic stimulant by the commission pursuant to chapter 34.05 RCW;
except for the treatment of narcolepsy, or for the treatment of hyperkinesis, or for the treatment of drug-induced brain dysfunction, or for the treatment of epilepsy, or for the differential diagnostic psychiatric evaluation of depression, or for the treatment of depression shown to be refractory to other therapeutic modalities, or for the treatment of multiple sclerosis, or for the treatment of any other disease states or conditions for which the United States food and drug administration has approved an indication, or for the clinical investigation of the effects of such drugs or compounds, in which case an investigative protocol therefor shall have been submitted to and reviewed and approved by the commission before the investigation has been begun: PROVIDED, That the commission, in consultation with the Washington medical commission and the osteopathic disciplinary board, may establish by rule, pursuant to chapter 34.05 RCW, disease states or conditions in addition to those listed in this subsection for the treatment of which Schedule II nonnarcotic stimulants may be prescribed, ordered, dispensed, administered, supplied, or given to patients by practitioners: AND PROVIDED, FURTHER, That investigations by the commission of abuse of prescriptive authority by physicians, licensed pursuant to chapter 18.71 RCW, pursuant to subsection (1)(c) of this section shall be done in consultation with the Washington medical commission;
(d) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice, or information required under this chapter;
(e) To refuse an entry into any premises for any inspection authorized by this chapter; or
(f) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping or selling them in violation of this chapter.
(2) Any person who violates this section is guilty of a class C felony and upon conviction may be imprisoned for not more than two years, fined not more than two thousand dollars, or both.
[ 2019 c 55 s 12; 2016 c 150 s 1; 2013 c 19 s 107; 2010 c 177 s 7; 2003 c 53 s 338; 1994 sp.s. c 9 s 740; 1980 c 138 s 6; 1979 ex.s. c 119 s 1; 1971 ex.s. c 308 s 69.50.402.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Prohibited acts: B—Penalties.


title: RCW 69.50.403

text:
(1) It is unlawful for any person knowingly or intentionally:
(a) To distribute as a registrant a controlled substance classified in Schedules I or II, except pursuant to an order form as required by *RCW 69.50.307;
(b) To use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, or issued to another person;
(c) To obtain or attempt to obtain a controlled substance, or procure or attempt to procure the administration of a controlled substance, (i) by fraud, deceit, misrepresentation, or subterfuge; or (ii) by forgery or alteration of a prescription or any written order; or (iii) by the concealment of material fact; or (iv) by the use of a false name or the giving of a false address;
(d) To falsely assume the title of, or represent herself or himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance;
(e) To make or utter any false or forged prescription or false or forged written order;
(f) To affix any false or forged label to a package or receptacle containing controlled substances;
(g) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter;
(h) To possess a false or fraudulent prescription with intent to obtain a controlled substance; or
(i) To attempt to illegally obtain controlled substances by providing more than one name to a practitioner when obtaining a prescription for a controlled substance. 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.
(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.
(3) A person who violates this section is guilty of a class C felony and upon conviction may be imprisoned for not more than two years, or fined not more than two thousand dollars, or both.
[ 2003 c 53 s 339; 1996 c 255 s 1; 1993 c 187 s 21; 1971 ex.s. c 308 s 69.50.403.]
Notes:
*Reviser's note: RCW 69.50.307 was repealed by 2001 c 248 s 2.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Prohibited acts: C—Penalties.


title: RCW 69.50.404

text:
Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
[ 1971 ex.s. c 308 s 69.50.404.]

catchline: Penalties under other laws.


title: RCW 69.50.405

text:
If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
[ 1971 ex.s. c 308 s 69.50.405.]

catchline: Bar to prosecution.


title: RCW 69.50.406

text:
(1) Any person eighteen years of age or over who violates RCW 69.50.401 by distributing a controlled substance listed in Schedules I or II which is a narcotic drug or methamphetamine, including its salts, isomers, and salts of isomers, or flunitrazepam, including its salts, isomers, and salts of isomers, listed in Schedule IV, to a person under eighteen years of age is guilty of a class A felony punishable by the fine authorized by RCW 69.50.401(2) (a) or (b), by a term of imprisonment of up to twice that authorized by RCW 69.50.401(2) (a) or (b), or by both.
(2) Except as provided in RCW 69.50.475, any person eighteen years of age or over who violates RCW 69.50.401 by distributing any other controlled substance listed in Schedules I, II, III, IV, and V to a person under eighteen years of age who is at least three years his or her junior is guilty of a class B felony punishable by the fine authorized by RCW 69.50.401(2) (c), (d), or (e), by a term of imprisonment up to twice that authorized by RCW 69.50.401(2) (c), (d), or (e), or both.
[ 2019 c 379 s 3; 2005 c 218 s 2; 2003 c 53 s 340; 1998 c 290 s 2; 1996 c 205 s 7; 1987 c 458 s 5; 1971 ex.s. c 308 s 69.50.406.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Application—Effective date—Severability—1998 c 290: See notes following RCW 69.50.401.
Severability—1987 c 458: See note following RCW 48.21.160.

catchline: Distribution to persons under age eighteen.


title: RCW 69.50.407

text:
Any person who attempts or conspires to commit any offense defined in this chapter is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
[ 1971 ex.s. c 308 s 69.50.407.]

catchline: Conspiracy.