SENATE BILL 6271
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This document contains the complete text of the amended sections of the Revised Code of Washington provided for in SB 6271. For new sections see SB-6271.
Bold underlined text indicates additions. Bold italicized text indicates removals.
Sections 9 through 12 revise the UNIFORM CONTROLLED SUBSTANCES ACT
Sec. 9. RCW 69.50.204 and 1993 c 187 s 4 are each amended to read
as follows:
Unless specifically excepted by state or federal law or regulation
or more specifically included in another schedule, the following
controlled substances are listed in Schedule I:
(a) Any of the following opiates, including their isomers, esters,
ethers, salts, and salts of isomers, esters, and ethers whenever the
existence of these isomers, esters, ethers, and salts is possible
within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
piperidinyl]-N-phenylacetamide);
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol;
(5) Alphameprodine;
(6) Alphamethadol;
(7) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl) ethyl-
4-piperidyl] propionanilide); (1-(1-methyl-2-phenylethyl)-4-(N-
propanilido) piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-
piperidinyl]-N-phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl some trade or other names: N-
[1-(2-hydrox-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-
N-phenylprop anamide);
(35) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide;
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-
piperidinyl] propanamide);
(43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-
propanaminde);
(54) Tilidine;
(55) Trimeperidine.
(b) Opium derivatives. Unless specifically excepted or unless
listed in another schedule, any of the following opium derivatives,
including their salts, isomers, and salts of isomers whenever the
existence of those salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) 3,4-methylenedioxy-N-ethylamphetamine some trade or other
names: N-ethyl-alpha-methyl-3,4(methylenedioxy)phenthylamine, N-ethyl
MDA, MDE, MDEA;
(9) N-hydroxy-3,4-methylenedioxyamphetamine some trade or other
names: N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and
N-hydroxy MDA;
(10) Dihydromorphine;
(11) Drotebanol;
(12) Etorphine, except hydrochloride salt;
(13) Heroin;
(14) Hydromorphinol;
(15) Methyldesorphine;
(16) Methyldihydromorphine;
(17) Morphine methylbromide;
(18) Morphine methylsulfonate;
(19) Morphine-N-Oxide;
(20) Myrophine;
(21) Nicocodeine;
(22) Nicomorphine;
(23) Normorphine;
(24) Pholcodine;
(25) Thebacon.
(c) Hallucinogenic substances. Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following hallucinogenic
substances, including their salts, isomers, and salts of isomers
whenever the existence of those salts, isomers, and salts of isomers is
possible within the specific chemical designation.
(1) 4-bromo-2,5-dimethoxy-amphetamine: Some trade or other names:
4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA;
(2) 2,5-dimethoxyamphetamine: Some trade or other names: 2,5-
dimethoxy-a-methylphenethylamine; 2,5-DMA;
(3) 4-methoxyamphetamine: Some trade or other names: 4-methoxy-a-
methylphenethylamine; paramethoxyamphetamine, PMA;
(4) 5-methoxy-3,4-methylenedioxy-amphetamine;
(5) 4-methyl-2,5-dimethoxy-amphetamine: Some trade and other
names: 4-methyl-2,5-dimethoxy-a-methylphenethylamine; "DOM"; and
"STP";
(6) 3,4-methylenedioxy amphetamine;
(7) 3,4-methylenedioxymethamphetamine (MDMA);
(8) 3,4,5-trimethoxy amphetamine;
(9) Bufotenine: Some trade or other names: 3-(beta-
Dimethylaminoethyl)-5-hydroxindole; 3-(2-dimethylaminoethyl)-5-indolol;
N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
(10) Diethyltryptamine: Some trade or other names: N,N-
Diethyltryptamine; DET;
(11) Dimethyltryptamine: Some trade or other names: DMT;
(12) Ibogaine: Some trade or other names: 7-Ethyl-6,6
beta,7,8,9,10,12,13,-octahydro-2-methoxy-6,9-methano-5H-pyndo (1',2'
1,2) azepino (5,4-b) indole; Tabernanthe iboga;
(13) Lysergic acid diethylamide;
(14) Marihuana or marijuana, except when authorized for use under
section 2 of this act or chapter 69.51 RCW;
(15) Mescaline;
(16) Parahexyl-7374: Some trade or other names: 3-Hexyl-1-
hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo[b,d]pyran;
synhexyl;
(17) Peyote, meaning all parts of the plant presently classified
botanically as Lophophora Williamsii Lemaire, whether growing or not,
the seeds thereof, any extract from any part of such plant, and every
compound, manufacture, salts, derivative, mixture, or preparation of
such plant, its seeds, or extracts; (interprets 21 U.S.C. Sec. 812 (c),
Schedule I (c)(12));
(18) N-ethyl-3-piperidyl benzilate;
(19) N-methyl-3-piperidyl benzilate;
(20) Psilocybin;
(21) Psilocyn;
(22) Tetrahydrocannabinols, synthetic equivalents of the substances
contained in the plant, or in the resinous extractives of Cannabis,
species, and/or synthetic substances, derivatives, and their isomers
with similar chemical structure and pharmacological activity such as
the following:
(i) Delta 1 - cis - or trans tetrahydrocannabinol, and their
optical isomers, excluding tetrahydrocannabinol in sesame oil and
encapsulated in a soft gelatin capsule in a drug product approved by
the United States Food and Drug Administration;
(ii) Delta 6 - cis - or trans tetrahydrocannabinol, and their
optical isomers;
(iii) Delta 3,4 - cis - or trans tetrahydrocannabinol, and its
optical isomers;
(Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of numerical
designation of atomic positions covered.)
(23) Ethylamine analog of phencyclidine: Some trade or other
names: N-ethyl-1phenylcyclohexalymine, (1-phenylcyclohexl) ethylamine;
N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE;
(24) Pyrrolidine analog of phencyclidine: Some trade or other
names: 1-(1-phencyclohexyl)pyrrolidine; PCPy; PHP;
(25) Thiophene analog of phencyclidine: Some trade or other names:
1-(1-[2-thenyl]-cyclohexly)-pipendine; 2-thienylanalog of
phencyclidine; TPCP; TCP;
(26) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine: A trade or other name
is TCPy.
(d) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a depressant
effect on the central nervous system, including its salts, isomers, and
salts of isomers whenever the existence of such salts, isomers, and
salts of isomers is possible within the specific chemical designation.
(1) Mecloqualone;
(2) Methaqualone.
(e) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers, and
salts of isomers:
(1) Fenethylline;
(2) (+-)cis-4-methylaminorex ((+-)cis-4,5-dihydro-4-methyl-5-
phenyl-2-oxazolamine);
(3) N-ethylamphetamine;
(4) N,N-dimethylamphetamine: Some trade or other names: N,N-
alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenoethylene.
The controlled substances in this section may be rescheduled or
deleted as provided for in RCW 69.50.201.
Sec. 10. RCW 69.50.206 and 1993 c 187 s 6 are each amended to read
as follows:
(a) The drugs and other substances listed in this section, by
whatever official name, common or usual name, chemical name, or brand
name designated, are included in Schedule II.
(b) Substances. (Vegetable origin or chemical synthesis.) Unless
specifically excepted, any of the following substances, except those
listed in other schedules, whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently by
means of chemical synthesis, or by combination of extraction and
chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate, excluding apomorphine, dextrorphan,
nalbuphine, nalmefene, naloxone, and naltrexone, and their respective
salts, but including the following:
(i) Raw opium;
(ii) Opium extracts;
(iii) Opium fluid;
(iv) Powdered opium;
(v) Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii) Ethylmorphine;
(ix) Etorphine hydrochloride;
(x) Hydrocodone;
(xi) Hydromorphone;
(xii) Metopon;
(xiii) Morphine;
(xiv) Oxycodone;
(xv) Oxymorphone; and
(xvi) Thebaine.
(2) Any salt, compound, isomer, derivative, or preparation thereof
that is chemically equivalent or identical with any of the substances
referred to in subsection (b)(1) of this section, but not including the
isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative, or preparation
of coca leaves including cocaine and ecgonine, and their salts,
isomers, derivatives, and salts of isomers and derivatives, and any
salt, compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of these substances, but not including
decocainized coca leaves or extractions of coca leaves which do not
contain cocaine or ecgonine.
(5) Methylbenzoylecgonine (cocaine its salts, optical isomers,
and salts of optical isomers).
(6) Concentrate of poppy straw (The crude extract of poppy straw in
either liquid, solid, or powder form which contains the phenanthrene
alkaloids of the opium poppy.)
(c) Opiates. Unless specifically excepted or unless in another
schedule, any of the following synthetic opiates, including its
isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers, whenever the existence of such isomers, esters, ethers, and
salts is possible within the specific chemical designation, dextrorphan
and levopropoxyphene excepted:
(1) Alfentanil;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Bulk dextropropoxyphene (nondosage forms);
(6) Carfentanil;
(7) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) Isomethadone;
(11) Levomethorphan;
(12) Levorphanol;
(13) Metazocine;
(14) Methadone;
(15) Methadone Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl
butane;
(16) Moramide Intermediate, 2-methyl-3-morpholino-1, 1-
diphenylpropane-carboxylic acid;
(17) Pethidine (meperidine);
(18) Pethidine Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(19) Pethidine Intermediate-B, ethyl-4-phenylpiperidine-4-
carboxylate;
(20) Pethidine Intermediate-C, 1-methyl-4-phenylpiperidine-4-
carboxylic acid;
(21) Phenazocine;
(22) Piminodine;
(23) Racemethorphan;
(24) Racemorphan;
(25) Sufentanil.
(d) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system:
(1) Amphetamine, its salts, optical isomers, and salts of its
optical isomers;
(2) Methamphetamine, its salts, isomers, and salts of its isomers;
(3) Phenmetrazine and its salts;
(4) Methylphenidate.
(e) Depressants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a depressant
effect on the central nervous system, including its salts, isomers, and
salts of isomers whenever the existence of such salts, isomers, and
salts of isomers is possible within the specific chemical designation:
(1) Amobarbital;
(2) Glutethimide;
(3) Pentobarbital;
(4) Phencyclidine;
(5) Secobarbital.
(f) Hallucinogenic substances.
(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft
gelatin capsule in a United States Food and Drug Administration
approved drug product. (Some other names for dronabinol [6aR-trans]-
6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-i-
ol, or (-)-delta-9-(trans)-tetrahydrocannabinol.)
(2) Nabilone: Some trade or other names are ( ñ )-trans3-(1,1-
dimethlheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-
dibenzol[b,d]pyran-9-one.
(3) Marihuana or marijuana, when authorized for use under section
2 of this act or chapter 69.51 RCW.
(g) Immediate precursors. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(i) Phenylacetone: Some trade or other names phenyl-2-propanone,
P2P, benzyl methyl ketone, methyl benzyl ketone.
(2) Immediate precursors to phencyclidine (PCP):
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile (PCC).
The controlled substances in this section may be rescheduled or
deleted as provided for in RCW 69.50.201.
Sec. 11. RCW 69.50.401 and 1997 c 71 s 2 are each amended to read as follows:
(a) 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.
(1) Any person who violates this subsection with respect to:
(i) a controlled substance classified in Schedule I or II which is
a narcotic drug, is guilty of a crime and upon conviction may be
imprisoned for not more than ten years, or (A) 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 (B) 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;
(ii) methamphetamine, is guilty of a crime and upon conviction may
be imprisoned for not more than ten years, or (A) 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 (B) 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. The fine moneys deposited
with that law enforcement agency must be used for such clean-up cost;
(iii) any other controlled substance classified in Schedule I, II,
or III, is guilty of a crime and upon conviction may be imprisoned for
not more than five years, fined not more than ten thousand dollars, or
both;
(iv) a substance classified in Schedule IV, is guilty of a crime
and upon conviction may be imprisoned for not more than five years,
fined not more than ten thousand dollars, or both;
(v) a substance classified in Schedule V, is guilty of a crime and
upon conviction may be imprisoned for not more than five years, fined
not more than ten thousand dollars, or both.
(b) Except as authorized by this chapter, it is unlawful for any
person to create, deliver, or possess a counterfeit substance.
(1) Any person who violates this subsection with respect to:
(i) a counterfeit substance classified in Schedule I or II which is
a narcotic drug, is guilty of a crime and upon conviction may be
imprisoned for not more than ten years, fined not more than twenty-five
thousand dollars, or both;
(ii) a counterfeit substance which is methamphetamine, is guilty of
a crime and upon conviction may be imprisoned for not more than ten
years, fined not more than twenty-five thousand dollars, or both;
(iii) any other counterfeit substance classified in Schedule I, II,
or III, is guilty of a crime and upon conviction may be imprisoned for
not more than five years, fined not more than ten thousand dollars, or
both;
(iv) a counterfeit substance classified in Schedule IV, is guilty
of a crime and upon conviction may be imprisoned for not more than five
years, fined not more than ten thousand dollars, or both;
(v) a counterfeit substance classified in Schedule V, is guilty of
a crime and upon conviction may be imprisoned for not more than five
years, fined not more than ten thousand dollars, or both.
(c) 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. Any
person who violates this subsection is guilty of a crime and upon
conviction may be imprisoned for not more than five years, fined not
more than ten thousand dollars, or both.
(d) It is unlawful for any person to possess a controlled substance
unless the substance was obtained directly from, or pursuant to, a
valid prescription or order of a practitioner while acting in the
course of his or her professional practice, or except as otherwise
authorized by this chapter. Any person who violates this subsection is
guilty of a crime, and upon conviction may be imprisoned for not more
than five years, fined not more than ten thousand dollars, or both,
except as provided for in subsection (e) of this section.
(e) Except as provided for in subsection (a)(1)(iii) of this
section or section 2 of this act any person found guilty of possession
of forty grams or less of marihuana shall be guilty of a misdemeanor.
(f) 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. A violation of this subsection shall be punished as a class
C felony punishable in accordance with RCW 9A.20.021.
This section shall not apply to offenses defined and punishable
under the provisions of RCW 69.50.410.
Sec. 12. RCW 69.50.505 and 1993 c 487 s 1 are each amended to read
as follows:
(a) The following are subject to seizure and forfeiture and no
property right exists in them:
(1) All controlled substances which have been manufactured,
distributed, dispensed, acquired, or possessed in violation of this
chapter or chapter 69.41 or 69.52 RCW, and all hazardous chemicals, as
defined in RCW 64.44.010, used or intended to be used in the
manufacture of controlled substances;
(2) All raw materials, products, and equipment of any kind which
are used, or intended for use, in manufacturing, compounding,
processing, delivering, importing, or exporting any controlled
substance in violation of this chapter or chapter 69.41 or 69.52 RCW;
(3) All property which is used, or intended for use, as a container
for property described in paragraphs (1) or (2);
(4) All conveyances, including aircraft, vehicles, or vessels,
which are used, or intended for use, in any manner to facilitate the
sale, delivery, or receipt of property described in paragraphs (1) or
(2), except that:
(i) No conveyance used by any person as a common carrier in the
transaction of business as a common carrier is subject to forfeiture
under this section unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy to a violation
of this chapter or chapter 69.41 or 69.52 RCW;
(ii) No conveyance is subject to forfeiture under this section by
reason of any act or omission established by the owner thereof to have
been committed or omitted without the owner's knowledge or consent;
(iii) No conveyance is subject to forfeiture under this section if
used in the receipt of only an amount of marijuana for which possession
constitutes a misdemeanor under RCW 69.50.401(e);
(iv) A forfeiture of a conveyance encumbered by a bona fide
security interest is subject to the interest of the secured party if
the secured party neither had knowledge of nor consented to the act or
omission; and
(v) When the owner of a conveyance has been arrested under this
chapter or chapter 69.41 or 69.52 RCW the conveyance in which the
person is arrested may not be subject to forfeiture unless it is seized
or process is issued for its seizure within ten days of the owner's
arrest;
(5) All books, records, and research products and materials,
including formulas, microfilm, tapes, and data which are used, or
intended for use, in violation of this chapter or chapter 69.41 or
69.52 RCW;
(6) All drug paraphernalia;
(7) All moneys, negotiable instruments, securities, or other
tangible or intangible property of value furnished or intended to be
furnished by any person in exchange for a controlled substance in
violation of this chapter or chapter 69.41 or 69.52 RCW, all tangible
or intangible personal property, proceeds, or assets acquired in whole
or in part with proceeds traceable to an exchange or series of
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW,
and all moneys, negotiable instruments, and securities used or intended
to be used to facilitate any violation of this chapter or chapter 69.41
or 69.52 RCW. A forfeiture of money, negotiable instruments,
securities, or other tangible or intangible property encumbered by a
bona fide security interest is subject to the interest of the secured
party if, at the time the security interest was created, the secured
party neither had knowledge of nor consented to the act or omission.
No personal property may be forfeited under this paragraph, to the
extent of the interest of an owner, by reason of any act or omission
which that owner establishes was committed or omitted without the
owner's knowledge or consent; and
(8) All real property, including any right, title, and interest in
the whole of any lot or tract of land, and any appurtenances or
improvements which are being used with the knowledge of the owner for
the manufacturing, compounding, processing, delivery, importing, or
exporting of any controlled substance, or which have been acquired in
whole or in part with proceeds traceable to an exchange or series of
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW,
if such activity is not less than a class C felony and a substantial
nexus exists between the commercial production or sale of the
controlled substance and the real property. However:
(i) No property may be forfeited pursuant to this subsection, to
the extent of the interest of an owner, by reason of any act or
omission committed or omitted without the owner's knowledge or consent;
(ii) The bona fide gift of a controlled substance, legend drug, or
imitation controlled substance shall not result in the forfeiture of
real property;
(iii) The lawful possession of marijuana for medical use as
authorized by state law shall not result in the forfeiture of real
property;
(iv) The possession of marijuana other than medical marijuana shall
not result in the forfeiture of real property unless the marijuana is
possessed for commercial purposes, the amount possessed is five or more
plants or one pound or more of marijuana, and a substantial nexus
exists between the possession of marijuana and the real property. In
such a case, the intent of the offender shall be determined by the
preponderance of the evidence, including the offender's prior criminal
history, the amount of marijuana possessed by the offender, the
sophistication of the activity or equipment used by the offender, and
other evidence which demonstrates the offender's intent to engage in
commercial activity;
(((iv))) (v) The unlawful sale of marijuana or a legend drug shall
not result in the forfeiture of real property unless the sale was forty
grams or more in the case of marijuana or one hundred dollars or more
in the case of a legend drug, and a substantial nexus exists between
the unlawful sale and the real property; and
(((v))) (vi) A forfeiture of real property encumbered by a bona
fide security interest is subject to the interest of the secured party
if the secured party, at the time the security interest was created,
neither had knowledge of nor consented to the act or omission.
(b) Real or personal property subject to forfeiture under this
chapter may be seized by any board inspector or law enforcement officer
of this state upon process issued by any superior court having
jurisdiction over the property. Seizure of real property shall include
the filing of a lis pendens by the seizing agency. Real property
seized under this section shall not be transferred or otherwise
conveyed until ninety days after seizure or until a judgment of
forfeiture is entered, whichever is later: PROVIDED, That real
property seized under this section may be transferred or conveyed to
any person or entity who acquires title by foreclosure or deed in lieu
of foreclosure of a security interest. Seizure of personal property
without process may be made if:
(1) The seizure is incident to an arrest or a search under a search
warrant or an inspection under an administrative inspection warrant;
(2) The property subject to seizure has been the subject of a prior
judgment in favor of the state in a criminal injunction or forfeiture
proceeding based upon this chapter;
(3) A board inspector or law enforcement officer has probable cause
to believe that the property is directly or indirectly dangerous to
health or safety; or
(4) The board inspector or law enforcement officer has probable
cause to believe that the property was used or is intended to be used
in violation of this chapter.
(c) In the event of seizure pursuant to subsection (b), proceedings
for forfeiture shall be deemed commenced by the seizure. The law
enforcement agency under whose authority the seizure was made shall
cause notice to be served within fifteen days following the seizure on
the owner of the property seized and the person in charge thereof and
any person having any known right or interest therein, including any
community property interest, of the seizure and intended forfeiture of
the seized property. Service of notice of seizure of real property
shall be made according to the rules of civil procedure. However, the
state may not obtain a default judgment with respect to real property
against a party who is served by substituted service absent an
affidavit stating that a good faith effort has been made to ascertain
if the defaulted party is incarcerated within the state, and that there
is no present basis to believe that the party is incarcerated within
the state. Notice of seizure in the case of property subject to a
security interest that has been perfected by filing a financing
statement in accordance with chapter 62A.9 RCW, or a certificate of
title, shall be made by service upon the secured party or the secured
party's assignee at the address shown on the financing statement or the
certificate of title. The notice of seizure in other cases may be
served by any method authorized by law or court rule including but not
limited to service by certified mail with return receipt requested.
Service by mail shall be deemed complete upon mailing within the
fifteen day period following the seizure.
(d) If no person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
items specified in subsection (a)(4), (a)(7), or (a)(8) of this section
within forty-five days of the seizure in the case of personal property
and ninety days in the case of real property, the item seized shall be
deemed forfeited. The community property interest in real property of
a person whose spouse committed a violation giving rise to seizure of
the real property may not be forfeited if the person did not
participate in the violation.
(e) If any person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
items specified in subsection (a)(2), (a)(3), (a)(4), (a)(5), (a)(6),
(a)(7), or (a)(8) of this section within forty-five days of the seizure
in the case of personal property and ninety days in the case of real
property, the person or persons shall be afforded a reasonable
opportunity to be heard as to the claim or right. The hearing shall be
before the chief law enforcement officer of the seizing agency or the
chief law enforcement officer's designee, except where the seizing
agency is a state agency as defined in RCW 34.12.020(4), the hearing
shall be before the chief law enforcement officer of the seizing agency
or an administrative law judge appointed under chapter 34.12 RCW,
except that any person asserting a claim or right may remove the matter
to a court of competent jurisdiction. Removal of any matter involving
personal property may only be accomplished according to the rules of
civil procedure. The person seeking removal of the matter must serve
process against the state, county, political subdivision, or
municipality that operates the seizing agency, and any other party of
interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-
five days after the person seeking removal has notified the seizing law
enforcement agency of the person's claim of ownership or right to
possession. The court to which the matter is to be removed shall be
the district court when the aggregate value of personal property is
within the jurisdictional limit set forth in RCW 3.66.020. A hearing
before the seizing agency and any appeal therefrom shall be under Title
34 RCW. In a court hearing between two or more claimants to the
article or articles involved, the prevailing party shall be entitled to
a judgment for costs and reasonable attorney's fees. In cases
involving personal property, the burden of producing evidence shall be
upon the person claiming to be the lawful owner or the person claiming
to have the lawful right to possession of the property. In cases
involving real property, the burden of producing evidence shall be upon
the law enforcement agency. The burden of proof that the seized real
property is subject to forfeiture shall be upon the law enforcement
agency. The seizing law enforcement agency shall promptly return the
article or articles to the claimant upon a determination by the
administrative law judge or court that the claimant is the present
lawful owner or is lawfully entitled to possession thereof of items
specified in subsection (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7),
or (a)(8) of this section.
(f) When property is forfeited under this chapter the board or
seizing law enforcement agency may:
(1) Retain it for official use or upon application by any law
enforcement agency of this state release such property to such agency
for the exclusive use of enforcing the provisions of this chapter;
(2) Sell that which is not required to be destroyed by law and
which is not harmful to the public;
(3) Request the appropriate sheriff or director of public safety to
take custody of the property and remove it for disposition in
accordance with law; or
(4) Forward it to the drug enforcement administration for
disposition.
(g)(1) When property is forfeited, the seizing agency shall keep a
record indicating the identity of the prior owner, if known, a
description of the property, the disposition of the property, the value
of the property at the time of seizure, and the amount of proceeds
realized from disposition of the property.
(2) Each seizing agency shall retain records of forfeited property
for at least seven years.
(3) Each seizing agency shall file a report including a copy of the
records of forfeited property with the state treasurer each calendar
quarter.
(4) The quarterly report need not include a record of forfeited
property that is still being held for use as evidence during the
investigation or prosecution of a case or during the appeal from a
conviction.
(h)(1) By January 31st of each year, each seizing agency shall
remit to the state treasurer an amount equal to ten percent of the net
proceeds of any property forfeited during the preceding calendar year.
Money remitted shall be deposited in the violence reduction and drug
enforcement ((and education)) account under RCW 69.50.520.
(2) The net proceeds of forfeited property is the value of the
forfeitable interest in the property after deducting the cost of
satisfying any bona fide security interest to which the property is
subject at the time of seizure; and in the case of sold property, after
deducting the cost of sale, including reasonable fees or commissions
paid to independent selling agents, and the cost of any valid
landlord's claim for damages under subsection (n) of this section.
(3) The value of sold forfeited property is the sale price. The
value of retained forfeited property is the fair market value of the
property at the time of seizure, determined when possible by reference
to an applicable commonly used index, such as the index used by the
department of licensing for valuation of motor vehicles. A seizing
agency may use, but need not use, an independent qualified appraiser to
determine the value of retained property. If an appraiser is used, the
value of the property appraised is net of the cost of the appraisal.
The value of destroyed property and retained firearms or illegal
property is zero.
(i) Forfeited property and net proceeds not required to be paid to
the state treasurer shall be retained by the seizing law enforcement
agency exclusively for the expansion and improvement of controlled
substances related law enforcement activity. Money retained under this
section may not be used to supplant preexisting funding sources.
(j) Controlled substances listed in Schedule I, II, III, IV, and V
that are possessed, transferred, sold, or offered for sale in violation
of this chapter are contraband and shall be seized and summarily
forfeited to the state. Controlled substances listed in Schedule I,
II, III, IV, and V, which are seized or come into the possession of the
board, the owners of which are unknown, are contraband and shall be
summarily forfeited to the board.
(k) Species of plants from which controlled substances in Schedules
I and II may be derived which have been planted or cultivated in
violation of this chapter, or of which the owners or cultivators are
unknown, or which are wild growths, may be seized and summarily
forfeited to the board.
(l) The failure, upon demand by a board inspector or law
enforcement officer, of the person in occupancy or in control of land
or premises upon which the species of plants are growing or being
stored to produce an appropriate registration or proof that he is the
holder thereof constitutes authority for the seizure and forfeiture of
the plants.
(m) Upon the entry of an order of forfeiture of real property, the
court shall forward a copy of the order to the assessor of the county
in which the property is located. Orders for the forfeiture of real
property shall be entered by the superior court, subject to court
rules. Such an order shall be filed by the seizing agency in the
county auditor's records in the county in which the real property is
located.
(n) A landlord may assert a claim against proceeds from the sale of
assets seized and forfeited under subsection (f)(2) of this section,
only if:
(l) A law enforcement officer, while acting in his or her official
capacity, directly caused damage to the complaining landlord's property
while executing a search of a tenant's residence; and
(2) The landlord has applied any funds remaining in the tenant's
deposit, to which the landlord has a right under chapter 59.18 RCW, to
cover the damage directly caused by a law enforcement officer prior to
asserting a claim under the provisions of this section;
(i) Only if the funds applied under (2) of this subsection are
insufficient to satisfy the damage directly caused by a law enforcement
officer, may the landlord seek compensation for the damage by filing a
claim against the governmental entity under whose authority the law
enforcement agency operates within thirty days after the search;
(ii) Only if the governmental entity denies or fails to respond to
the landlord's claim within sixty days of the date of filing, may the
landlord collect damages under this subsection by filing within thirty
days of denial or the expiration of the sixty-day period, whichever
occurs first, a claim with the seizing law enforcement agency. The
seizing law enforcement agency must notify the landlord of the status
of the claim by the end of the thirty-day period. Nothing in this
section requires the claim to be paid by the end of the sixty-day or
thirty-day period.
(3) For any claim filed under (2) of this subsection, the law
enforcement agency shall pay the claim unless the agency provides
substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this
chapter or chapter 69.41 or 69.52 RCW; or
(ii) Failed to respond to a notification of the illegal activity,
provided by a law enforcement agency under RCW 59.18.075, within seven
days of receipt of notification of the illegal activity.
(o) The landlord's claim for damages under subsection (n) of this
section may not include a claim for loss of business and is limited to:
(1) Damage to tangible property and clean-up costs;
(2) The lesser of the cost of repair or fair market value of the
damage directly caused by a law enforcement officer;
(3) The proceeds from the sale of the specific tenant's property
seized and forfeited under subsection (f)(2) of this section; and
(4) The proceeds available after the seizing law enforcement agency
satisfies any bona fide security interest in the tenant's property and
costs related to sale of the tenant's property as provided by
subsection (h)(2) of this section.
(p) Subsections (n) and (o) of this section do not limit any other
rights a landlord may have against a tenant to collect for damages.
However, if a law enforcement agency satisfies a landlord's claim under
subsection (n) of this section, the rights the landlord has against the
tenant for damages directly caused by a law enforcement officer under
the terms of the landlord and tenant's contract are subrogated to the
law enforcement agency.
(q)(1) Property, and any interest in property, possessed, owned, or
used in connection with the claimed medical use of marijuana seized by
Washington state enforcement officials based on the presence of
marijuana shall not be wasted while in the possession of such
officials.
(2) Property seized by Washington state enforcement officials from
a qualified patient in connection with the claimed medical use of
marijuana shall be returned immediately upon the determination by the
prosecuting attorney or his or her designee that the person is entitled
to the protections provided by this chapter as may be evidenced, for
example, by a decision not to prosecute, the dismissal of changes, or
acquittal.
Sec. 13. RCW 69.51.080 and 1979 c 136 s 8
are each amended to read as follows:
(1) The enumeration of tetrahydrocannabinols, or a chemical
derivative of tetrahydrocannabinols in RCW 69.50.204 as a Schedule I
controlled substance does not apply to the use of cannabis,
tetrahydrocannabinols, or a chemical derivative of
tetrahydrocannabinols by certified patients pursuant to the provisions
of this chapter.
(2) Cannabis, tetrahydrocannabinols, or a chemical derivative of
tetrahydrocannabinols shall be considered Schedule II substances as
enumerated in RCW 69.50.206 ((only)) for the purposes enumerated in
this chapter.
Sec. 14. RCW 9A.82.085 and 1985 c 455 s 9 are each amended to read
as follows:
In a criminal prosecution alleging a violation of RCW 9A.82.060 or
9A.82.080, the state is barred from joining any offense other than the
offenses alleged to be part of the pattern of criminal profiteering
activity and is barred from joining any offense or act stemming from
the lawful manufacture, delivery, or possession of marijuana for
medical use as authorized by state law. When a defendant has been
tried criminally for a violation of RCW 9A.82.060 or 9A.82.080, the
state is barred from subsequently charging the defendant with an
offense that was alleged to be part of the pattern of criminal
profiteering activity for which he or she was tried.
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