According to a recent study of provisional data collected by the United States centers for disease control and prevention, overdose from fentanyl is now the leading cause of death of Americans between the ages of 18 and 45. Washington is not immune from the opioid epidemic. Fentanyl has had a staggering effect on its communities, and fentanyl-related overdoses are increasing across the state. Under current law, possession of fentanyl is classified as a simple misdemeanor, which is the lowest criminal penalty available. This is an insufficient criminal justice system response to this extremely dangerous drug. The legislature intends to restore the former felony penalties for possession of fentanyl in order to reflect the extreme hazards associated with this highly potent substance, and additionally intends to launch a public outreach campaign to enhance public education on this issue and connect affected individuals with available resources.
This section modifies existing section 69.50.4013. Here is the modified chapter for context.
It is unlawful for any person to 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 except as otherwise authorized by this chapter.
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Except as provided in RCW 69.50.4014 and (b) of this subsection, any person who violates this section is guilty of a misdemeanor.
Any person who violates this section by knowingly possessing fentanyl is guilty of a class C felony punishable according to chapter 9A.20 RCW.
The prosecutor is encouraged to divert cases under this section for assessment, treatment, or other services.
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The possession, by a person 21 years of age or older, of useable marijuana, marijuana concentrates, or marijuana-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.
The possession of marijuana, useable marijuana, marijuana concentrates, and marijuana-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.
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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 marijuana products, is not a violation of this section, this chapter, or any other provisions of Washington state law:
One-half ounce of useable marijuana;
Eight ounces of marijuana-infused product in solid form;
Thirty-six ounces of marijuana-infused product in liquid form; or
Three and one-half grams of marijuana concentrates.
The act of delivering marijuana or a marijuana product as authorized under this subsection (5) must meet one of the following requirements:
The delivery must be done in a location outside of the view of general public and in a nonpublic place; or
The marijuana or marijuana product must be in the original packaging as purchased from the marijuana retailer.
No person under 21 years of age may possess, manufacture, sell, or distribute marijuana, marijuana-infused products, or marijuana concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.
The possession by a qualifying patient or designated provider of marijuana concentrates, useable marijuana, marijuana-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.
This section modifies existing section 69.50.4013. Here is the modified chapter for context.
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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.
It is unlawful for any person to knowingly possess fentanyl unless 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.
Except as provided in RCW 69.50.4014, any person who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW.
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The possession, by a person 21 years of age or older, of useable marijuana, marijuana concentrates, or marijuana-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.
The possession of marijuana, useable marijuana, marijuana concentrates, and marijuana-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.
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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 marijuana products, is not a violation of this section, this chapter, or any other provisions of Washington state law:
One-half ounce of useable marijuana;
Eight ounces of marijuana-infused product in solid form;
Thirty-six ounces of marijuana-infused product in liquid form; or
Three and one-half grams of marijuana concentrates.
The act of delivering marijuana or a marijuana product as authorized under this subsection (4) must meet one of the following requirements:
The delivery must be done in a location outside of the view of general public and in a nonpublic place; or
The marijuana or marijuana product must be in the original packaging as purchased from the marijuana retailer.
No person under 21 years of age may possess, manufacture, sell, or distribute marijuana, marijuana-infused products, or marijuana concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.
The possession by a qualifying patient or designated provider of marijuana concentrates, useable marijuana, marijuana-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.
This section modifies existing section 9.94A.518. Here is the modified chapter for context.
TABLE 4
DRUG OFFENSES
INCLUDED WITHIN EACH SERIOUSNESS LEVEL
III
Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW 9.94A.825
Controlled Substance Homicide (RCW 69.50.415)
Delivery of imitation controlled substance by person 18 or over to person under 18 (RCW 69.52.030(2))
Involving a minor in drug dealing (RCW 69.50.4015)
Manufacture of methamphetamine (RCW 69.50.401(2)(b))
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and three years junior (RCW 69.50.406)
Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
II
Create or deliver a counterfeit controlled substance (RCW 69.50.4011(1)(a))
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(2)(b))
Delivery of a material in lieu of a controlled substance (RCW 69.50.4012)
Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(1)(f))
Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(2)(b))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(2)(a))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(2) (c) through (e))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
I
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(2)(c))
Possession of Fentanyl (RCW 69.50.4013(2)(b))
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
This section modifies existing section 13.40.0357. Here is the modified chapter for context.
A
Arson 1 (9A.48.020)
B+
B
Arson 2 (9A.48.030)
C
C
Reckless Burning 1 (9A.48.040)
D
D
Reckless Burning 2 (9A.48.050)
E
B
Malicious Mischief 1 (9A.48.070)
C
C
Malicious Mischief 2 (9A.48.080)
D
D
Malicious Mischief 3 (9A.48.090)
E
E
Tampering with Fire Alarm Apparatus (9.40.100)
E
E
Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105)
E
A
Possession of Incendiary Device (9.40.120)
B+
A
Assault 1 (9A.36.011)
B+
B+
Assault 2 (9A.36.021)
C+
C+
Assault 3 (9A.36.031)
D+
D+
Assault 4 (9A.36.041)
E
B+
Drive-By Shooting (9A.36.045) committed at age 15 or under
C+
A++
Drive-By Shooting (9A.36.045) committed at age 16 or 17
A
D+
Reckless Endangerment (9A.36.050)
E
C+
Promoting Suicide Attempt (9A.36.060)
D+
D+
Coercion (9A.36.070)
E
C+
Custodial Assault (9A.36.100)
D+
B+
Burglary 1 (9A.52.020) committed at
age 15 or under
C+
A-
Burglary 1 (9A.52.020) committed at
age 16 or 17
B+
B
Residential Burglary (9A.52.025)
C
B
Burglary 2 (9A.52.030)
C
D
Burglary Tools (Possession of) (9A.52.060)
E
D
Criminal Trespass 1 (9A.52.070)
E
E
Criminal Trespass 2 (9A.52.080)
E
C
Mineral Trespass (78.44.330)
C
C
Vehicle Prowling 1 (9A.52.095)
D
D
Vehicle Prowling 2 (9A.52.100)
E
E
Possession/Consumption of Alcohol (66.44.270)
E
C
Illegally Obtaining Legend Drug (69.41.020)
D
C+
Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a))
D+
E
Possession of Legend
Drug (69.41.030(2)(b))
E
B+
Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b))
B+
C
Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c))
C
E
Possession of Marihuana <40 grams (69.50.4014)
E
C
Possession of Fentanyl (69.50.4013(2)(b))
C
C
Fraudulently Obtaining Controlled Substance (69.50.403)
C
C+
Sale of Controlled Substance for Profit (69.50.410)
C+
E
Unlawful Inhalation (9.47A.020)
E
B
Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b))
B
C
Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e))
C
E
Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013(2)(a))
E
C
Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4012)
C
B
Theft of Firearm (9A.56.300)
C
B
Possession of Stolen Firearm
(9A.56.310)
C
E
Carrying Loaded Pistol Without Permit (9.41.050)
E
C
Possession of Firearms by Minor (<18) (9.41.040(2)(a)(vi))
C
D+
Possession of Dangerous Weapon (9.41.250)
E
D
Intimidating Another Person by use of Weapon (9.41.270)
E
A+
Murder 1 (9A.32.030)
A
A+
Murder 2 (9A.32.050)
B+
B+
Manslaughter 1 (9A.32.060)
C+
C+
Manslaughter 2 (9A.32.070)
D+
B+
Vehicular Homicide (46.61.520)
C+
A
Kidnap 1 (9A.40.020)
B+
B+
Kidnap 2 (9A.40.030)
C+
C+
Unlawful Imprisonment (9A.40.040)
D+
D
Obstructing a Law Enforcement Officer (9A.76.020)
E
E
Resisting Arrest (9A.76.040)
E
B
Introducing Contraband 1 (9A.76.140)
C
C
Introducing Contraband 2 (9A.76.150)
D
E
Introducing Contraband 3 (9A.76.160)
E
B+
Intimidating a Public Servant (9A.76.180)
C+
B+
Intimidating a Witness (9A.72.110)
C+
C+
Criminal Mischief with Weapon (9A.84.010(2)(b))
D+
D+
Criminal Mischief Without Weapon (9A.84.010(2)(a))
E
E
Failure to Disperse (9A.84.020)
E
E
Disorderly Conduct (9A.84.030)
E
A
Rape 1 (9A.44.040)
B+
B++
Rape 2 (9A.44.050) committed at age 14 or under
B+
A-
Rape 2 (9A.44.050) committed at age 15 through age 17
B+
C+
Rape 3 (9A.44.060)
D+
B++
Rape of a Child 1 (9A.44.073)
committed at age 14 or under
B+
A-
Rape of a Child 1 (9A.44.073)
committed at age 15
B+
B+
Rape of a Child 2 (9A.44.076)
C+
B
Incest 1 (9A.64.020(1))
C
C
Incest 2 (9A.64.020(2))
D
D+
Indecent Exposure (Victim <14) (9A.88.010)
E
E
Indecent Exposure (Victim 14 or over) (9A.88.010)
E
B+
Promoting Prostitution 1 (9A.88.070)
C+
C+
Promoting Prostitution 2 (9A.88.080)
D+
E
O & A (Prostitution) (9A.88.030)
E
B+
Indecent Liberties (9A.44.100)
C+
B++
Child Molestation 1 (9A.44.083) committed at age 14 or under
B+
A-
Child Molestation 1 (9A.44.083) committed at age 15 through age 17
B+
B
Child Molestation 2 (9A.44.086)
C+
C
Failure to Register as a Sex Offender (9A.44.132)
D
B
Theft 1 (9A.56.030)
C
C
Theft 2 (9A.56.040)
D
D
Theft 3 (9A.56.050)
E
B
Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083)
C
C
Forgery (9A.60.020)
D
A
Robbery 1 (9A.56.200) committed at
age 15 or under
B+
A++
Robbery 1 (9A.56.200) committed at
age 16 or 17
A
B+
Robbery 2 (9A.56.210)
C+
B+
Extortion 1 (9A.56.120)
C+
C+
Extortion 2 (9A.56.130)
D+
C
Identity Theft 1 (9.35.020(2))
D
D
Identity Theft 2 (9.35.020(3))
E
D
Improperly Obtaining Financial Information (9.35.010)
E
B
Possession of a Stolen Vehicle (9A.56.068)
C
B
Possession of Stolen Property 1 (9A.56.150)
C
C
Possession of Stolen Property 2 (9A.56.160)
D
D
Possession of Stolen Property 3 (9A.56.170)
E
B
Taking Motor Vehicle Without Permission 1 (9A.56.070)
C
C
Taking Motor Vehicle Without Permission 2 (9A.56.075)
D
B
Theft of a Motor Vehicle (9A.56.065)
C
E
Driving Without a License (46.20.005)
E
B+
Hit and Run - Death (46.52.020(4)(a))
C+
C
Hit and Run - Injury (46.52.020(4)(b))
D
D
Hit and Run-Attended (46.52.020(5))
E
E
Hit and Run-Unattended (46.52.010)
E
C
Vehicular Assault (46.61.522)
D
C
Attempting to Elude Pursuing Police Vehicle (46.61.024)
D
E
Reckless Driving (46.61.500)
E
D
Driving While Under the Influence (46.61.502 and 46.61.504)
E
B+
Felony Driving While Under the Influence (46.61.502(6))
B
B+
Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6))
B
B
Animal Cruelty 1 (16.52.205)
C
B
Bomb Threat (9.61.160)
C
C
Escape 1(9A.76.110)
C
C
Escape 2(9A.76.120)
C
D
Escape 3 (9A.76.130)
E
E
Obscene, Harassing, Etc., Phone Calls (9.61.230)
E
A
Other Offense Equivalent to an Adult Class A Felony
B+
B
Other Offense Equivalent to an Adult Class B Felony
C
C
Other Offense Equivalent to an Adult Class C Felony
D
D
Other Offense Equivalent to an Adult Gross Misdemeanor
E
E
Other Offense Equivalent to an Adult Misdemeanor
E
V
Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)
V
Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 28 days confinement
2nd escape or attempted escape during 12-month period - 8 weeks confinement
3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
This schedule must be used for juvenile offenders. The court may select sentencing option A, B, C, or D.
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
129 to 260 weeks for all category A++ offenses
A+
180 weeks to age 21 for all category A+ offenses
A
103-129 weeks for all category A offenses
A-
30-40 weeks
52-65 weeks
80-100 weeks
103-129 weeks
103-129 weeks
15-36 weeks
52-65 weeks
80-100 weeks
103-129 weeks
103-129 weeks
CURRENT
B+
15-36 weeks
15-36 weeks
52-65 weeks
80-100 weeks
103-129 weeks
OFFENSE
B
LS
LS
15-36 weeks
15-36 weeks
52-65 weeks
CATEGORY
C+
LS
LS
LS
15-36 weeks
15-36 weeks
C
LS
LS
LS
LS
15-36 weeks
D+
LS
LS
LS
LS
LS
D
LS
LS
LS
LS
LS
E
LS
LS
LS
LS
LS
PRIOR
0
1
2
3
4 or more
ADJUDICATIONS
NOTE: References in the grid to days or weeks mean periods of confinement. "LS" means "local sanctions" as defined in RCW 13.40.020.
The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.
The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.
The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.
RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.
If the offender is subject to a standard range disposition involving confinement by the department, the court may impose the standard range and suspend the disposition on condition that the offender comply with one or more local sanctions and any educational or treatment requirement. The treatment programs provided to the offender must be either research-based best practice programs as identified by the Washington state institute for public policy or the joint legislative audit and review committee, or for chemical dependency treatment programs or services, they must be evidence-based or research-based best practice programs. For the purposes of this subsection:
"Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population; and
"Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.
An offender is ineligible for the suspended disposition option under this section if the offender:
Is adjudicated of an A+ or A++ offense;
Is 14 years of age or older and is adjudicated of one or more of the following offenses:
A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;
Manslaughter in the first degree (RCW 9A.32.060);
Assault in the second degree (RCW 9A.36.021), extortion in the first degree (RCW 9A.56.120), kidnapping in the second degree (RCW 9A.40.030), drive-by shooting (RCW 9A.36.045), vehicular homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), or manslaughter 2 (RCW 9A.32.070); or
Violation of the uniform controlled substances act (RCW 69.50.401(2) (a) and (b)), when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon;
Is ordered to serve a disposition for a firearm violation under RCW 13.40.193;
Is adjudicated of a sex offense as defined in RCW 9.94A.030; or
Has a prior option B disposition.
If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed a B++ or B+ offense, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.
If the court determines that a disposition under option A, B, or C would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).
The department of health shall develop and execute a public outreach campaign to educate the public about the dangers of consuming fentanyl and to provide information about available resources. The campaign must focus on both prevention and response, and must include multiple outreach strategies, such as brochures, public service announcements, social media postings, and other education and training efforts as the department of health deems appropriate.