wa-law.org > bill > 2023-24 > HB 2194 > Substitute Bill

HB 2194 - Home cultivation of cannabis

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Section 1

  1. Except as otherwise authorized by this chapter, it is unlawful for any person to:

    1. 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

    2. 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.

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    1. Except as provided in RCW 69.50.4014 , 69.50.445, or subsection (7) of this section, 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.

    2. No person may be charged under both subsection (1)(a) and (b) of this section, or both subsections (1)(a) and (7) of this section, relating to the same course of conduct.

    3. 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.

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    1. 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), in addition to plants and the cannabis and cannabis products derived from those plants as authorized under subsection (7) of this section, is not a violation of this section, this chapter, or any other provision of Washington state law.

    2. 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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    1. 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:

      1. One-half ounce of useable cannabis;

      2. Eight ounces of cannabis-infused product in solid form;

      3. 36 ounces of cannabis-infused product in liquid form; or

      4. Three and one-half grams of cannabis concentrates.

    2. The act of delivering cannabis or a cannabis product as authorized under this subsection (4) must meet one of the following requirements:

      1. The delivery must be done in a location outside of the view of general public and in a nonpublic place; or

      2. 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.

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    1. The production and possession by a person 21 years of age or older of no more than four plants and the cannabis and cannabis products derived from those plants, on the premises of the housing unit occupied by the person, is not a violation of this section, this chapter, or any other provision of Washington state law. No more than 10 plants may be produced at any one time on the premises of a single housing unit, regardless of the number of residents living on the premises of the housing unit.

    2. For purposes of this subsection, "housing unit" has the meaning provided in RCW 69.51A.010.

    3. Except as authorized in RCW 69.50.325 or chapter 69.51A RCW:

      1. It is a class 1 civil infraction punishable under chapter 7.80 RCW for a person to produce and knowingly possess more than four plants but fewer than 11 plants; and

      2. It is a class C felony punishable under RCW 69.50.401(2)(c) for a person to produce and knowingly possess 11 or more plants.

    4. An investigating law enforcement officer or agency may seize and summarily destroy any plants produced or possessed by a person in excess of the four plants authorized under this subsection (7), if the person is not authorized to produce and possess the additional plants under RCW 69.50.325 or chapter 69.51A RCW.

  8. For the purposes of this section:

    1. "Public place" has the same meaning as defined in RCW 66.04.010, but the exclusions in RCW 66.04.011 do not apply.

    2. "Use a controlled substance" means to introduce the substance into the human body by injection, inhalation, ingestion, or any other means.

Section 2

  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:

    1. 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;

    2. 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;

    3. 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 or 69.50.4013(7);

    4. 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

    5. 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.

Section 3

(1) The following are subject to seizure and forfeiture and no property right exists in them:

Section 4

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

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