wa-law.org > bill > 2023-24 > HB 1520 > Original Bill
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, and on July 1st of this year, the current law provision will expire and Washington will return to its former law, which has been deemed unconstitutional. This is an insufficient criminal justice system response to this extremely dangerous drug. The legislature intends to fix the constitutional defect in the law going forward and restore the felony penalties that were previously in place for possession of fentanyl in order to reflect the extreme hazards associated with this highly potent substance. Additionally, the legislature intends to launch a public outreach campaign to enhance public education on this issue and connect affected individuals with available resources.
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.
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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 class C felony punishable under chapter 9A.20 RCW.
Any person who violates this section by knowingly possessing fentanyl is guilty of a class C felony punishable according to chapter 9A.20 RCW.
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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.
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.
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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 21 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:
One-half ounce of useable cannabis;
Eight ounces of cannabis-infused product in solid form;
Thirty-six ounces of cannabis-infused product in liquid form; or
Three and one-half grams of cannabis concentrates.
The act of delivering cannabis or a cannabis 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 cannabis or cannabis product must be in the original packaging as purchased from the cannabis retailer.
No person under 21 years of age may possess, manufacture, sell, or distribute cannabis, cannabis-infused products, or cannabis 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 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.
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, deliver, or possess a counterfeit controlled substance (RCW 69.50.4011)
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 cannabis as defined in RCW 69.50.101, 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 cannabis as defined in RCW 69.50.101 (RCW 69.50.401(2)(c))
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Nonnarcotic from Schedule I-V (RCW 69.50.4013)
Possession of Controlled Substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.4013)
Possession of Fentanyl (RCW 69.50.4013(2)(b))
Unlawful Use of Building for Drug Purposes (RCW 69.53.010)
DESCRIPTION AND OFFENSE CATEGORY
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.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2023.