wa-law.org > bill > 2023-24 > SB 5035 > Original Bill

SB 5035 - Controlled sub. possession

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Section 1

  1. Except as authorized by this chapter, it is unlawful for:

    1. Any person to create or deliver a counterfeit substance; or

    2. Any person to knowingly possess a counterfeit substance.

  2. Any person who violates subsection (1)(a) of this section with respect to:

    1. 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 ten years, fined not more than twenty-five thousand dollars, or both;

    2. A counterfeit substance which is methamphetamine, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;

    3. 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;

    4. A counterfeit substance classified in Schedule IV, except flunitrazepam, is guilty of a class C felony punishable according to chapter 9A.20 RCW;

    5. A counterfeit substance classified in Schedule V, is guilty of a class C felony punishable according to chapter 9A.20 RCW.

  3. A violation of subsection (1)(b) of this section is a class C felony. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services for a person's first two violations under this subsection.

Section 2

The following acts or parts of acts are each repealed:

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