HomeMy WebLinkAboutItems Submitted at the Meeting PC 2/7n2 Pgs. 1
IV. B. Interim Sign Con�rol
Submitted by. Stuart Wagner
Enclosure 3
CITY OF RENTON —WAYFINDING KIOSK SIGN PROGRAM
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� � . PC 2f7112 'Pgs.25 . .
, ' , ' VI.A Cannabis
. �Submitted by: Hillary Taylor
MARUUANA STATUTES
69.50.401 Prohibited acu:A—Penalties
(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:
(a)A controlled substance classified in Schedule I oc II which,is a narcotic drug or flunitrazepam,
inclu0ing iu 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 flrst two kilograms and not more than flfty dollars for each gram in
exceu of two kilograms,or both such imprisonment and fine;
(b) Amphetamine, including its salu, 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 doilars if the
crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (ii) if the
crime involyed two or more kilogrems of the drug, then ftned not more than one hundred thousand
dollars for the first two kilogrems and not more than fifty dollars for each grem 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 responsibiiity for cleanup of laboretories, 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;
(c) Any other wntrolled substance classified in Schedule I, II, or 111, is guilty of a class C felony
punishable accorcling to chapter 9A.20 RCW
(d) 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
(e) A substance ciassified in Schedule V, is guilty of a class C felony punishable acwrding to
chapter 9A.20 RCW. [2005 c.218§1, eff:July 24,2005; 2003 c 53 § 331, eff.July 1, 2004. Prior: 1998 c
290 § 1; 1998 c 82 §2; 1997 c 71 § 2; 1996 c 205 § 2; 1989 c 271 § 104; 1987 c 458 §4; 1979 c 67 § 1;
1973 2nd ex.s.c 2§1;1971 ex.s.c 308§69.50.401.]
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69.50.4014 Possession of forty grams oc less of marihuana-Penaky
Except as provided in RCW 69.50.401(2)(c),any person found guilty of possession of forty grams
or less of marihuana is guilty of a misdemeanor. (2003 c 53§335,eff.July 1,2004.]
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69.50.505 Seizure and forFeiture
(1)The following are subjed to seizur,e and forfeiture and no property right exisu in them:
(a) 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 manufadure of controlled substances;
Marijuana Statutes Page 1
(b)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 ofthis chapter or chapter 69.41 or 69.52 RCW;
(c)All property which is used,or intended for use, as a container for property described in (a)or
(b)of this subsection;
(d) All conveyances, including aircreft, vehicles, or vessels,which are used,or intended for use,
in any manner to facilitate the sale, delivery, or receipt of property described in (a) or (b) of this
subsection,except that:
(i) No conveyance used by any person as a common carrier in the trensaction of business as a
commo.n carrier is su6ject to forfeiture under this secEion unless it appears that the owner or other
person in charge of 4he conveyance is a consenting parry or privy to a violation of this chapter or cfiapter
69.41 or 69.52 RCW;
(ii) No conveyance is subject to forfeRure 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 69.50.4014;
. (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 parfy neither had knowledge of nor consenEed to the ad or
omission;and
(J) Whenthe ownec of a conveyance has been arrested under this chapter or chapter 69.41 or
69.52 RC1N the conveyance in which the person is arcested may not be subject to forfeiture unless it is
seized or process isissued for its seizure within ten days of the owner's arrest;
(e)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;
(�All drug parephernalia;
(g)All moneys, negotiable instruments,searities, or other tangible or intangible property of
value fumished or intended to be fumished 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 treceable to an exchange orseriesof
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW, and ali moneys, negotiable
, instruments, and sewrities used or intended to be used to facilitate anyviolation 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 sewrity 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 norconsented to the act or omission. No personal'property may be forfeited under this subsection
(1)(g), 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
, (h) All real property, including any right, title, and interest in the whole of any lot or trect of
land, and any appurEenanres or improvements which are being used with the knowledge of the owner
for the manufacturing, compounding, processing, delivery, importing, orexporting 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 6etween the commercial productiomor sale of the
controlled substance and the real property.However.
(i) No property may be forfeited pursuant to this subsection (1)(h),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;
Marijuana Statutes Page 2
(ii)The bona fide gift of a controlled substance, lege�d drug, or imitation controlled substance
shall notresult in the forfeiture of real property;
(iii) The possession of 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 planu or one
pound or more of marijuana, and a substantial nexus exists between the possession of marijuana and
the real property. In such @ case, the intent ofthe offender shaif be determined by the preponderance
of the evidence, including the offender's pcior 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) The unlawful sale of marijuana or a legend drug shali 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) A forFeiture af 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 irrterest was created, neither
had.knowiedge of nor consented to the act or omission.
(2) Reai or personai property subject to forfeiture under this chapter may be seized by any
board inspector or law enforcement o�cer 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 shalf not be transferred or otherwise
conveyed until ninety days after seizure or until a judgment of forfeiture is entered, whichever is later:
,_ PROVIDED,That reai 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 foreciosure of a security interest.Seizure of
personal property without process may be made if:
(a)The seizure is incident to an arrest or asearch under asearch warrent or an inspedion under
an administretive inspection warrent;
(b)The property subject to seizure has been the subject of a priorjudgment in favor of the state
in a criminal injunction or forfeiture proceeding based upon this chapter;
(c)A board inspector or law enforcement officer has probable cause to believe that the property
is diredly or indirectly dangerous to health or safety;or
(d) The board inspedor 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.
(3) In the event of seizure pursuant to subsedion (2) of this section, 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 communiry 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 resped 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 subjed to a security interest that has been perfected by filing a financing statement in
accordance with chapter 62A.9A RCW,or a certificate of title,shall be made by service upon the secured
party or the secured party's auignee 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 retum receipt requested.Service by mail
shall be deemed complete upon mailing within the fifteen day period following theseizure.
Marijuana Statutes Page 3
(4) 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 (1)(d), (g), or(h) of this section within
forty-five days of the service of notice from the seizing agency in the case of personal properly 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 or domestic partner committed a violation
giving rise to seizure of the real property may not be forFeited if the person did not participate in the
violation.
(5) If any person notifies the seizing law enforcement agenty in writing of the person's claim of
ownership or right to possession of items specified in subsection (1)(b), (c), (d), (e), (�, (g), or(h)of this
section within forty-five days of the service of notice from the seizing egency 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 notice of claim may be served by any
method authorized by law or court rule including, but not limited to, service by first-class mail. Service
by maii shali be deemed complete upon mailing within the forty-froe day period following service of the
notice of seizure in the case of personal property andwithin the ninety-day period following service of
the notice of seizure in the case of real property.The hearing shall be before the chief law enforcemeM
officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing
agenty is a state agency as defined in RCW 34.12.020(4), the hearing shall be before the chief law
enforcement o�cer of the seizing agenty or an administrative law judge appointed under chapter34.12
RCW,except that any persoo assertinga claim or right may remove the matter to a court of competeM
jurisdiction. Removal of any matter involving personal property may only be accomplished according to
the rules of civii procedure. The person seeking removal of the matter must serve process against the
state, county, political subdivision, or municipality that operetes the seizing agency, and any other party
of interest, in aaordance 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 onright 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 ju.risdictional limit set forth in RCW 3.66.020, A
hearing before the seizing agency and any appeal therefrom shall be under Title34 RCW. In all cases,the
burden of proof is upon the law enforcement agency to establish, by a p�eponderance of the eJidence,
that the property is subject to forFeiture.
The seizing law enforcement agency shall promptly return the article or articles to the claimant
upon a determination by the administretive law judge or court that the claimani is the present lawful
owner or is lawfully entitled to possession thereof of items specified in subsection (1)(b), (c), (d), (e), (f�,
(g),or(h)of this secEion.
(6) In any proceeding to forfeit property under this title, where the claimant substantially
prevails, the claimant is entitled to reasonable attorneys' fees reasonably incurred by the ciaimant. In
addition, in a court hearing between two or more claimants to the article or articles indolveil, tFie
prevailing_party is entitled to a judgment for costs and reasonableattomeys'fees___ �
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(7) When property is forfeited under this chapter the board or seizing law enforcement agency
may:
(a) Retain it for official use or upon application by any law enforcement agency of this state
releasesuch property to such agency for the exclusive use of enforcing the provisions of this chapter,
(b)Sell tha4 which'is not required to be destroyed by law and which is not harmful to the public;
(c) 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
(d) Forward it 4o the drug enforcement administretion for disposition.
Marijuana Statutes Page 4
(8)(a)When property is forfeited,th�e seizing agenty 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
properryat the time of seizure,and theamount of proceeds realized from disposition of the property.
(b)Each seizing agency shall retain records of forfeited properry forat least seven years.
(c) Each seizing agency shall file a report including a copy of the records of forfeited property
with the state treasurer each calendar quarter.
� (d)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.
(9)(a) By lanuary 31st of each year, each seizing agency shaii remit to the state treasurer an
amount equai to ten percent of the net proceeds of any property forfeited during the preceding
calendar year. Money remitted shall be deposited in the state general fund.
(b)The netproceeds of fnrfeited 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 et.
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 (15)of this sedion.
(c)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 agenty may use, but need not use, an independent qualified appreiser to
determine the value of retained property. Ifzn appraiser is used,the value of the property appreised is
net of the cost af the appraisal. The value of destroyed property and retained firearms or illegal
property is zero.
(30) ForFeited property and net proceeds not required to be paid to the state treasurer shall be
retained by the seizing law enforcem_ent 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.
(11) Controlled substances listed in 5chedule I, II, III, IV, and V that are possessed, trensferred,
sold, or offered for sale in violation of this chapter are contraband and shall be seized and summarily
forfeited to the state. Controlled substances Iisted 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 andshall be
summarily forfeited to the board.
(12) 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.
(13)The failure, upon demand by a board inspector or law enforcement officer,of the person in
occupanty or in control of land or premises upon which the:species of planu are growing or being
stored to produce an appropriate registration or proof that he or she is the holder thereof constitutes
authority for the seizure and forfeiture of the planu.
(14) Upon the entry of an order of focfeiture of real property, the court shall forward a copy of
the order to the assessor of the county in which the propertyis located. Orders for the forfeiture of real
property shall be entered by the superior court,subject to court rules.,5uch an order shall be filed by the
seizing agency in the county auditor's rewrds in the county in which the.real property is located.
(15)A landlord may asserta claim agalnst proceeds from the sale of asseu seized and forfeited
under subsedion(7)(b)ofthis section;only if:
(a)A taw enforcement officer,while acting in his or her officiaLcapacity, directly caused damage
to the complaining landlord's property while executing a search of a tenant's residence;and
Marijuana Statutes Page 5
(b)The landlord has applied any funds remaining in the tenanYs deposit, to which the landlord
has a right under chapter 59.18 RCW,to cover the damage directiy caused by a lawenfo�cement officer
prior to asserting a claim under tHe provisions of this section;
(i) Only ifthe funds applied under (b) of this subsection are insufficient to satisiy the damage
directly caused by a law enforcement officer, may the landlord seek compensation forthe damage by
filing a claim against the governmental entity under whose authority the law enforcement agenty
operetes within thirty days after the search;
(ii)Only if the governmental entiry denies or fails to respond to the landlord's claim:withinsixty
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 flrst, a claim with the seizing
law enforcement agency.The seizing law enforcement agency must notiiy the landlord of the status of
the claim by the end of the thirty-day period. Nothing in this section requires the ciaim fo be paid by the
end of the sizty-day or thirty-day period.
(c) For any claim filed under (b) 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 activiry, provided by a law enforcement
agency under RCW 59.18.075,within seven days of receipt of notification�of the illegal activity.
(16) The landlord's claim fo� damages under subsection (15) of this section may not include a
claim forloss of business and is limited to:
(a) Damage to tangible property and clean-up costs;
(b) The lesser of the wst of repair or fair market value of the damage directly caused by a law
enforcement officer;
(c) The proceeds from the sale of the specific tenanYs property seized and forfeited under'
subsedion(7)(b)of this section;and
(d) The proceeds available after the seizing law enforcement agency satisfies any bona fide
security interest in the tenant's property and costs related to sate of the tenant's property as provided
by subsection(9)(b)bf this section.
(17) Subsections (15) and (16) of this section do not limit any other rights a landlord may have
against a tenant to collectlor damages. However, if a law enforcement agency satisfies a landlord's
claim under subsection (15) of this section, the righu the landlord has against the tenantfor 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. [2009 c 479 §46, eff.July 1, 2009; 2009 c 364§ 1,eff:July
26, 2009;2008 c 6 § 631, eff.June 12, 2008; 2003 c 53 § 348, eff.July 1, 2004; 2001 c 168 §:1; 1993 r
487 § 1; 1992 c 211 § 1. Prior. (1992 c 210 4 5 repealed by 1992 c 211§2); 1990 c 248§2; 1990 c 213 4
, 12; 1989 c 271§212; 1988 c 282§2; 1986 c 124 4 9;1984 c 258§333; 1983 c 2§15;prior..1982 c 189 y
__6;,1982 c 171§1;prior. 1981 c 67§32; 1981 c 48§3; 1977 ex.s.c 77§1; 1971 ex.s.c 308§69.50.505.]
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Chapter 69.51 RCW
CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT
I RCW SECTIONS
69.51.010 Short title.
69.51.020 Legislative purpose.
69.51.030 DeFnitions.
69.51.040 Controlled substances therepeutic research,program.
Marijuana Statutes Page 6
69.51.050 Patientqualificationreviewcommittee.
69.51.060 Sources and distribution of marijuana.
69.51.080 Cannabis and related products considered Schedule Ilsubstances.
RCW 69.51.010 Short title.
This chapter may be cited as the Controlled Substances Therapeutic Research Act. [1979 c 136§,
1.]
RCW 69.51.020 Legislative purpose.
The legislature finds thaf recent research has shown that the use of marijuana may alleviate the
nausea and ill effects of cancer chemotherapy and radiology, and, additionally, may alleviate the ill
effects of glaucoma. The legislature further finds that there is a need for further research and
experimentation regarding the use of marijuana under striMly controlled circumstances. It is for this .
purpose that the Controlled Substances Therapeutic Research Act is hereby enacted. [1979 c 136§2.]
RCW 69.51.030 Definitions.
As used in this chapter:
(1) "Board"means the state board of pharmacy;
(2) "DepartmenY' means the depattment of health.
(3) "Marijuana" means all parts of the plant of the genus Cannabis L., whether growing or not,
the seeds thereof, the resin extracted from any part of the plant, and every compound, manufadure,
sait,derivative, mixture,or preparetion of the plant, its seeds,or resin;and
(4}"Prectitioner" means a physician licensed pursuant to chapter 18.71 or18.57 RCW. [1989 1st
exs.c 9§438; 1979 c 136§ 3.]
RCW 69.51.040 Controlledsubstencesthe2peutic research program.
(1) There is established in the board the controlled substances therapeutic research program.
The program shall be administered by the iiepartment. The board shall promulgate rules necessary for
the proper administretion of the Controlled_Substances Therepeutic Research Act. Io-such promulgation,
fhe board shall take into consideretion those pertinent rules promulgated by the United States drug
enforcement agency,the food and d�ug administration,and the national institute on drugabuse.
(2) Except as provided in RC1N 69,51.050(4), the controlled substances therapeutic research
progrem shall be limited to cancer chemotherapy and radiology patieots and glaucoma patients, who
are certified to the patient qualification review committee by a practitioner as being involved in a life-
threatening or sense-threateningsituation. No patient may be admitted to the controlled substances
iherapeutic research progrem without full.disclosure by the,practitioner of the experimental nature of
this program and of the possible risks and side effects of the.proposed treatment in accordance.with the
_____.__._informed consent provisions of chapter 7:70 RCW. _ ____________. ___
(3) The board shall provide by rule foc a progrem of'registretion with the department of bona
fide controlled substance therapeutic research projects. [19891st exs.c 9§439; 1979 c 136§4.]
RCW 69.51.050 Patient qualification review committee. ,
(1)The board shall appoint a patient qualification review committee to serve at Rs pleasure.The
patient qualification review committee shall be wmprised of:
(a)A physician licensed topractice medicine in Washington state and specializing in the practice
ofophthalmology;
{b) A physician licensed to practice medicine in Washington state and specializing in the
subspecialty of inedical oncology;
Marijuana Statutes Page 7
(c)A physician licensed to practice medicine in Washington state and specializing in the practice
of psychiatry; and
(d)A physician licensed to practice medicine in Washington state and specializing in the prectice
of rediology.
Members of the committee shall be compensated at the rate of fifty dollars per day for each day
spent in the performance of their official duties, and shall receive reimbursement for their trevel
expenses as provided in RCW 43.03.050 and 43.03.060.
(2) The patient qualification review committee shall review all applicants for the controlled
substance therapeutic researchprogrem and their licensed practitioners and certifytheir participation in
the program.
{3) The patient qualification review committee and the board shall insure that the privaey of
individuals who participate in the controlled substance therepeutic research program isprotected by
withholding from all persons not connected with the conduM of the research the names and other
identifying characteristics of such individuals. Persons authorized to engage in research under`the "
controlled substance therepeutic research program may not be compelled in any civil, criminal,
administrative, legislative, or other proceeding to identify the individuals who are the subjecfs of
research for which the authorization was granted,except to the extent necessary to permit the tioard to
determine whether the research is being conducted in accordance with the authorization. '
(4) The patient qualification review committee may include bther disease groups for
participation in the controlled substances therapeutic research program after pertinent medical_ data
have been presented by a prectitioner to both the committee and the board,and"after approval for such '
participation has been granted pursuant to pertinent rules promulgated by the United States d�ug
enforcement agency,the:food and drug administration, and the national institute on drug abuse. [1979
c 136§5.)
RCW 69.51.060 Sources and distribution of marijuana. '
(1]The Board shall obtain marijuana through'whatever means it deems most appropria#e and
consistent with regulations promulgated by t6e United States food and drug administration, the drug
enforcement agenty, and the national institute on drug abuse, and pursuant to the provisions of this
chapter. �
(2)The board may use marijuana which has been confiscated by local or state law enfo,rcement
agencies and has been determined to be free from contamination.
(3) The board shall distribute the analyzed marijuana to approved practitioners and/or
institutions in accordance with rules promulgated by the board. [1979 c 136§6.J
RCW 69.51.080 Cannabis and related products considered Schedule II substances.
(1)- The enumeration of tetrehydrocannabinols, or a chemical derivative of
_ _ ____ ._tetrehydrocannabinols in RCW 69.50.204 as a 5chedule I controlled substance does not:apply to the use_, _ ___
ofi cannabis, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols by certified
patients pursuant to the provisions of this chapter.
(2)Cannabis,tetrehydrocannabinols, 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. [1979 c 136§8.]
-------------------=------------------------------------------------------------
Chapter 69.S1A RCW
MEDICAL CAIVNABIS
Marijuana Statutes Page 8
(Formerly Medical marijuana)
RCW SECTIONS
69.S1A.005 Purpose and intent.
69.51A.010 Definitions.
69.51A.020 Construction of chapter. •
69.51A.025 Construction of chapter--Compiiance with RCW 69.S1A.040.
69.51A.030 Acts not constituting crimes or unprofessional conduct - Health care
professionals not subjert to penalties or liabilities.
69.51A.040 Compliance with chapter— Qualifying patients and designated providers not
subject to penalties—Law enforcementnot subject to liability.
69.51A.043 Failure to register-Affirmati4e defense.
69.51A.045 Possession of cannabis exceeding lawful amount--Affirmative defense.
69.S1A.047 Failure to register or present valid documentation--A�rmative defense.
69.S1A.050 Medical marijuana,lawful possession—State not liable.
69.51A.055 Limitations of chapter--.Persons under supervision.
69.51A.060 Crimes--Limitationsofchapter.
69.51A.07U Addition of inedical conditions.
b9.51A.085 Collective gardens.
69.51A.090 Applicability of valid ilocumentation definition..
69.51A.100 Qualifying patienYs designation of proyider — Provider's service as designated
provider—Term ination.
69.S1A.110 Suitability for organ transplant.
69.51A.12D Parental rights or residential time--Not to be restricted.
69.51A.130 State and municipalities— Not subject toliability.
69.51A.140 Counties,cities,towns—Authority to adopt and enforce requiremenu.
69.51A.200 Evaluation.
69.51A.900 Short title—1999 c 2.
69.51A.901 Severability--1999 c 2.
69.S1A.902 Captions not law—1999 c 2.
69.51A.903 Severability—2011 c 181.
69.51A.005 Purpose and intent
(1)TheJegislature finds that:
(a)There is medical evidence that some patients with 4erminal or debilitating medical conditions
may, under their health care professional's care, benefit from the.medical use of cannabis. Some of the
conditions for which cannabis appears to be beneflcial include,but are not limited to:
(i) Nausea, vomiting, and cachexia as,sociated with cancer, HIV-positive status,AIDS, hepatitis C,
anorexia,and their treatments;
(ii) Severe muscle spasms associated with multiple sclerosis,.epilepsy, and other seizure and
spasticity disorders;
(iii)Acute or chronic glaucoma;
(iv) Crohn's disease;and
, (v)Some forms of intractable pain._
(b) Humanitarian compassion necessitates that the decision Eo use cannabis by patienu with
terminal or debilitating medical conditions is a personal, individual decision, based upon their health
careprofessional's professional medicaljudgment and discretion.
(2)Therefore,the legislature intends that:
Marijuana Statutes Page 9
(a) Qualifyingpatients with terminal or debilitating medical conditions who, in the judgment of
their health care professionals, may benefit from the medical use of cannabis, shall not be arrested,
prosecuted, or subject to other criminal sanctions or civil consequences under state law basedsolely on
their medical use of cannabis, notwithstandingany othe�provision of law;
(b) Persons who ad as designated providers to such patients shall also not be arrested,
prosecuted, or subject to other criminal sanctions or civil consequences under state law,
notwithstanding any other provision of law, based solely on their assisting with the medical, use of
cannabis;and
(c) Health care professionals shall also not be arrested, prosecuted, or subject to othec criminal
sanctions oc civil consequences under state law for fhe proper authorization of inedical use of cannabis
by qualifying patients for whom, in the health care professional's professionai judgment, the medical
use of cannabis may prove beneficial.
(3) Nothing in this chapter estab�ishes the medical necessity or medical appropriateness of
cannabis foc treating terminal ordebilitating medical conditions as defined in RCW 69.51A.010..
(4) Nothing in this chapter diminishes tHe authoriry of correctional agencies and departments,.
including local governmentr orjails, fo establish a procedure for determining when the use of cannabis
would impact community safety or the effectivesupervision of those on active supervisionfo�a criminal
conviction, nor does it create the right to any accommodation of any medical use of cannabis in any
corcectional facility or jail.
69.S1A.030 Definitions
The definitions in this sedion apply throughout this chapter unless the context clearly requires
otherwise.
(1)"Designated provider"means a person who:
(a) Is eighteen years of age or older;
(b) Has been designated in writing by a patient to serve as a designated provider under this
chapter;
(c) Is prohibited from consuming marijuana obtained for the personal, medicai use of the
patient for whom the individual is acting as designated provider;and
(d) Is the designated provider to only one patient at any one time.
, (2) "Health care professional," for purposes of this chapter only, means a physician licensed
under chapter 18J1 RCW, a physician assistant licensed under chapter 18:71A RCW; an osteopathic
physician licensed under chapter 18.57 RCW,an osteopathic physicians'assistant licensed under chapter
18.57A RCW, a naturopath licensed under chapter 18.36A RCW, or an advanced registered nurse
practitione�'licensed under chapter 18J9 RCVI/.
(3) "Medical use of marijuana" means the production, possession, or administratiom of
marijuana, as defined in RCW 69. 50.101(q), for the exclusive benefit of a qualifying patient in the
treatment of hisor her terminal or debilitating illness.
---._ .__.. --—---------_—
_ _ _ - --
(4)"Qualifying patient"means a person who:
(a) Is a patient of a health care professional;
(b) 'Has been diagnosed by that health care professional as having a terminal or debilitating
medical condition;
(c) Is a resident of the state of Washington at the time ofsuch diagnosis;
(d) Has been advised by thet health care professional about the risks and benefits of the medica(
use of inerijuana;and
(e) Has been advised by that health care professional that they may benefit from the medical
use of marijuana.
Marijuana Statutes Page 10
(5) "Tamper-resistant paper" means paper that meets one or more of the following industry-
recognized features:
(a)One ormore features designed to prevent copying of the paper,.
(b)One or more features designed to prevent the erasure or modification of information on the
paper;or
(c)One or more features designed to prevent the use of counterfeit valid documentation.
(6)'Terminal or debilitating medicaJ coridition" means:
(a) Cancer, human immunodeficiency virus (HIV), muitipie sclerosis, epilepsy or other seizure
disorder,or spasticity disorders;or
(b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard
medical treatmenu and medications;or
(c)Glaucoma, ekher acute or chronic, limited for the purpose of this chapter to mean increased
intraocular pressure unrelieved by standard treatments and medications;or
(d) Crohn's disease with debilitating symptoms unrelieved by standard treatmenu or
medications;or
(e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatmenu or
medications;or
(fj Diseases, including anorexia, which result in nausea; vomiting, wasting, appetite loss,.
cramping, seizures, muscle spasms, or spasticity, when these rymptoms are unrelieved by standard
treatmenu or medications;or
(g) Any other medical condition duly approved by the Washington state medical quality
assurence commission in consultation with the board of osteopathic medicine and surgery as directed in
this chapter.
(7) "Valid documentation" means:
(a) A statement signed and.dated by a qualifyingpatient's health care professional written on
tamper-�esistant paper; which states. that, in the health care professional's professional opinion, the
patient,may benefit from the medical use of marijuana;and
(b) Proof of identity such as a Washington state drive�'s license or identicard,as defined in RCW
46.20.035.
69.51A.020 Construction of chapter
Nothing in this chapter shall be construed to supersede Washington state law prohibiting the
acquisition, possession, manufacture, sale, or use of canna6is for nonmedical purposes. Criminal
penaltiescreated under chapter 181, Laws of 2011 do notpreclude the prosecution or punishmeM for
othe�'crimes, including other crimes involying the manufacture or deliyery of cannabis for nonmedical
purposea
69.51AA25 Construction of chap4er-Compliance with RCW 69.S1A.040 _ ___ _
Nothing in this chapter or in the rules adopted to implement it precludes a qualifying patient or
designated provider from engaging in the private, unlicensed,noncommercial p�oduction, possession,
transportation, delivery, or administration of cannabis for medical use as authorized under RCW
69.S1A.040. .
69.S1A.030 Acts not constituting,crimes or unprofessional mnduc[-Health care professionals not
subject to penalties or liabilities
(1)The following acts do not constitute crimes under state law or unprofessional conduct under
chapter 18.130 RCW, and a health care professional may not be arrested, searched, prosecuted, .
disciplined, or subject to other criminal sanctions or civil consequences or liability under state law, or
Marijuana 5tatutes Page il
have real or personal property searched, seized, or forfeited pursuant to state law, notwithstanding any
other provision of law as long as the health care professional complies with subsedion (2) of this
section:
(a)Advising a patient about the risks and benefits of inedical use of cannabis or that the patient
may benefit from the medical use of cannabis;or
(b) Providing a patient meeting the criteria established under *RCW 69.S1A.010(26) with valid
documentation, based upon the health care professionaPs assessment of the patient's medical history
and current medical condition, where such use is within a professional standard of care or in the
individual health care professionai's medical judgment.
(2)(a) A health care professional may only provide a patient with valid documentation
authorizing the medical use of cannabis or register the patient with the registry established'in "section
901 of this act if he or she has a newly initiated or existing documented relationship with the patient,as
a primary care provider or a specialist, relating to the diagnosis and ongoing treatment or monitoring of
the patient's tertninal or debilitating medical condition,and only after:
(i) Completing a physical examination of the patient as appropriate, based on the patient's
condition and age;
(ii) Documenting the terminal or debilitating medical condition of the patient in the patienYs
medical �ecord and that the patient may benefit from treatment of this condition or its symptoms with
medical use of cannabis;
(iii) Informing the patient of other options for treating the terminal or debiiitating medical
conditiort;and
(iv} Documenting other measures attempted to treat the terminal or debilitating medical
condition that do not involve the medical use of cannabis.
(b)A health care professionaFshall not:
(i} Accept, solicit, or offer any form of pecuniary remuneration from or to a licensed dispenser,
licensed producer,or licensed processor of cannabis products;
(ii) Qffer a discount or any other thing of value to a qualifying patient who is a customer of, or
agrees to be a customer of, a particular flcensed dispenser, licensed producer, or licensed processor of
cannabis products;
(iii) Examine or offer to examine a patient for purposes of diagnosing a terminal or de6ilitating
medical condition at a location where cannabis is produced, processed,or dispensed;
(iv) Have a business ar prectice which consists solely of authorizing the medical use of cannabis;
(v) Include any statement or reference, visual or otherwise, on the medical use of cannabis in
any advertisement for his or her business or practice;or
(vi) Hold an economic interest in an enterprise that produces, processes, or dispenses cannabis
if the health care professional authorizes the medical use of cannabis.
(3) A violation of any provision of subsection (2) of this section constitutes unprofessional
_.______ conduct under chapter 18:130 RCW.__________ _
69.S1A.040 Compliance with chapter—Qualifying patients and designated providers not subject to
penalties—Law enforcerrient not subject to liability
The medical use of cannabis in accordance with the terms and conditions of this chapter does
not constitute a crime and a qualifying patient or designated provider in compiiance with the terms and
conditions of this chapter maynot be arrested,prosecuted,or subject to other criminal sanctions or civil
consequences,for possession, manufacture,or delivery of, or forpossession with intent to manufacture
or deliver,cannabis under state law,or have reai or personal property seized or forfeited for possession,
manufacture, or delivery of, or for possession with intent to manufacture or deliver, cannabis unde�
Marijuana Statutes Page 12
state law, and investigating peace officers and law enforcement agencies may not be held civilly tiable
for failure to seize cannabis in this circumstance, if:
(1)(a) The qualifying patient or designated provider possesses no more than fifteen cannabis
plants and:
(i) No more than twenty-four ounces of useable cannabis;
{ii) No more cannabis product than what could reasonably be produced with no more than
twenty-four ounces of useable cannabis;or
(iii)A combination of useable pnnabis and cannabis product that does not exceed a combined
' total representing possession and processing of no more than twenty-four ounces of useable wnnabis.:
(b) ff a person is both a qualifying patient and a designated provider for another qualifying
patient, the person may possess no more than twice the amounts described in (a) of this subsection,
whether the plants, useable wnnabis, and cannabis product, are possessed individually or in
combination between the qualifying patient and his or her designated provider;
(2) The qualifying patient or designated provider presents his or her proof of registration with
the department of health, to any peace o�cer who questions the patient or provider regarding his or
her medical use of cannabis;
(3)The qualifying patient or designated provider keeps a copy of his or herproof of registretion
with the registry established in *section 901 of this act and the qualifying patient or designated
provider's contact information posted prominently next to any cannabis plants, cannabis products, or
useable cannabis located at his or her residence;
(4)The indestigating peace o�cer does not possess evidence that:
(a) The designated provider has converted cannabis produced or obtained for the qualifying
patient for his or her own personal use or benefit;or
(b) The qualifying patient has converted cannabis produced or obtained for his, or her own
medical use to the qualifying patient's personal, nonmedical use or benefit;
(5) The investigating peace officer does not possess evidence that the designated provider has
served as a designated provider to more than one qualifying patient within a fifteen-day period; and
(6) The investigating peace officer has not observed evidence of any of the circumstances
identified in;'section 901(4)of this act.
69.51A,043 Failure to register--A�rmative defense
(1) A qualifying patient or designated provider who is not registered with the registry .
established in "section 901 of this act may raise the affirmative defense set forth in subsection(2)of this
section, if:
(a)The qualifying patient or designated provider presents_his or her valid documentation to any
peace offcer who questions the patient or provider regarding his or her medical use of cannabis;
(b)She qualifying patient or designated provider possesses no more cannabis than the limiu set
forth in RCW 69S1A.040(1);------ -----------------------------------.._.___.-------
(c) The qualifying patient or designated provider is in compiiance with all other terms and
conditions of this chapter;
(d) The investigating peace officer does not have pro6able cause to believe that the qualifying
patient or designated provider has commif[ed a felony, or is committing a misdemeanor in the o�cer's
presence,that does not relate to the medical use of cannabis; - -
(e) No outstanding warrant forarcest exists for the qualifying patient or designated provider;
and
(fl The investigating peace officer has not observed evidence of any of the circumstances
identified in •section 901(4)ofthis act. .
Marijuana 5tatutes Page 13
(2) A qualifying patient or designated provider who is not registered with the registry
established in "`section 901 of this act, but who presenu his or her valid documentation to any peace
o�cer who questions the patient or provider regarding his orher medical use of cannabis,may assert an
affirmative defense to charges of violations of state law relating to cannabis through proof at t�ial;by a
preponderance of the evidence,that he or she otherwise meets the requirements of RCW 69.51A.040.A
qualifying patient or designated provider meeting the conditions of this subsedion but possessing more
cannabis than the limits set forth in RCW 69.SSA.040(1) may, in the inyestigating peace officer's �
discretion, be taken into custody and booked into jail in connedion with the investigation of the
incident.
69.S1A.045 Possession of cannabis exceeding lawful amount—Affirmative defense
A qualifying patient or designated provider in possession of cannabis plants, useable cannabis,
or cannabis product exceeding the limits set forth in RCW 69.S1A.040(1) but otherwise in compliance
with all other terms and conditions of this chapter may establish an affirmative defense to charges of
violations of state law relating to cannabis through proof at trial, by a preponderance of the evidence,
that the qual,ifying patient's necessary medical use exceeds the amounts set forth in RCW 69.51A:040(1).
An investigating peace offlcer may seize cannabis plants, useable cannabis; or cannabis product
exceeding tHe amounts set forth iri RCW 69.SSA.040(1): PROVIDED,That in the case of cannabis plants,
the qualifying patient or designated provider shall be allowed to seled the plants that will remain at the
location.The officer and his or her law enforcement agency may not be held civilly liable for failure to
seize cannabis in this circumstance.
69.S1A.047 Failure to register or present valid documentation--Affirmative defense
A qualifying patient or designated provider who is not registered with the registry established in
*sectian 901 of this act or does not present his orher vaiid documentation to a peace officer who
questions thepatient or provider regarding his or her medical use of cannabis but is in compliance with
all other terma and coriditions of this chapter may establish an affirmative defense fo charges of
violations of state law relating to cannabis through proof at trial, by a preponderonce of the evidence,
that he or she was a validly authorized qualifying patient or designated provider at the time of the
officer's questioning.A qualifying patient or designated provider who establishes an a�rmative defense
under the terms of this section may alw establish an affirmative defense under RCW 69.S1A.045.
69.51A.050 Medical marijuana,lawful possession—State not liable
(1) The lawful possession or manufacture of inedical marijuana as authorized by this chapter
shall not result in the forfefture or seizure of any property.
(2) No person shall be prosecuted for constructive possession,conspiracy, or any other criminal
offense solely for being in the presence or vicinity of inedical marijuana or its use as authorized by this
____ _ _chap4er.
(3) The state shall not be held liable for any deleterious outcomes from the medical use of
marijuana by any qualifying patient.
69.51A.055 Limitationsofchapter--Personsundersupervision
(1)(a) TFie arrest and prosecution protections established in RCW"69.S1A.040 may not be
asserted in a superyision revocation or.violation hearing by a person who issupervised by a corrections
agency or department, inciuding local governments or jails, that has determined that the terms of this
section are inconsistent witHand contrary to hisor her supervision.
(b) The affirmative defenses established in RCW 69.S1A.043, 69.S1A.045, 69.S1A.047, and
'section 407 of this act may not be asserted in a supervision revocation or violation hearing by a person
Marijuana.Statutes Page 14
who is supervised by a corrections agency or department, including local govemments or jails,that has
determined that the terms of this section are inconsistent with and wntrary to his or her supervision.
(2) The provisions of RCW 69.S1A.040, 69.S1A.085, and 69.51A.025 do not apply to a person
who is supervised for a criminal conviction by a corrections agenty or department, including local
goVernmenu or jails, that has determined that the terms of this chapter are inconsistent with and
contrary to his or her supervision.
(3) A person may not be licensed as a licensed producer, licensed processor of cannabis
products,or a licensed dispenser under'section 601,602,or 701 of this act if he or she is supervised for
a criminal conviction by a corrections agency or department, including local governments or jails, that
has determined that licensure is inwnsistent with and contrery to his or her supervision.
69.51A.060 Crimes—Limitations of chapter
(1) It shall be a class 3 civil inf�action to use or display medical cannabis in a manner or place
which is open to the view of the general public.
(2) Nothing in this chapter establishes a right of care as a covered benefit or requires any state
purchased health care as defined in RCw 41.05.011 or other health carrieror health plan as deflned in
Title 48 RCW to be liable for any claim for reimbursement for the medical use of cannabis. Such entities
may enact coverage or noncoverage criferia or related policies for payment or nonpayment of inedical
cannabis in their sole discretion.
(3) Nothing in thischapter requires any health care professional to authorize the medical use of
cannabis for a patient.
(4) Nothing in this chapter requires any accommodation of any on-site medical use of cannabis
in any place of employment, in any school,bus or on any schpol grounds, in any youth center, in any
rnrrectional facility,or smoking cannabis in any public place or hotel or motel.
(5) Nothing in this chapter authorizes the use of inedical cannabis by anyperson who is subject
to the Washington code of military justice in chapter 38:38 RCW.
(6) Employers may establish drug-free work policies. Nothing in this chapter requires an
accbmriiodation for the medical use of caririabis if an employer has a drug-free work place.
(7) It is a class C felony to fi audulently produce any record purporting to be, or tamper wkh the
conten4 of any record for the purpose of having it accepted as, valid documentation under 'RCW
69.51A.010(32)(a), or to backdate such documentation to a time earlier than iu actual date of
execution.
(8) No person shall be entitled to claim the protection from arrest and prosecution under RCW
69.51A.040 or the affirmative defense under RCW 69.S1A.043 for engaging in the medical use of
cannabis in a way that endangers the health or well-being of any person through the use of a motorized
vehicle on a street, road, or highway, including violations of RCW 46.61.502 or 46.61.504, or equivalent
localordinances.
69.51A.070 Addition of inedical conditions
The Washington state medicai qu_ality assurance commission in consultation with the board of
osteopathic medicine and surgery, or other appropriate agency as designated by the governor, shall
accept foe consideration petitions submitted to add terminal or debilitating conditions to those included
in this chapter. In considering such petitions, the Washington :state medical quality assurance
commission in consultation with the board of osteopathic medicine and surgery shall include public
notice of, and an opportunity to comment in a public hearing upon, such petitions. The Washington
state medical quality assurance commission in consultation with the board of osteopathic medicine and
surgery shall, after hearing, approve or deny such petitions wfthin one hundred eighty days of
Marijuana Statutes Page 15
submission.The approval or denial of such a petition shali be considered a£nal agency action,subject to
judicial review.
69:S1A.080 Repealed by Laws 2011,ch. 181,§ 1204,eff.July 22, 2011
69.S1A.085 Collec[ive gardens
(1) Qualifying patienu may create and participate in collective gardens for the purpose of
producing, processing, trensporting, and delivering cannabis for medical use subject to the following
conditions:
(a) No more than ten qualifying patients may participate in a single collective garden at any
time;
(b)A collective garden may contain no more than fifteen plants per patient up to e total of forty-
five plants;
(c) A collective garden may contain no more than twenty-four ounces of useable cannabis per
patient up to a total of seventy-two ounces of useable cannabis;
(d)A copy of each qualifying patienYs valid documentation or proof of registration with the
registry established in *section 901 of this act;including a copy of the patient's proof of identity, must
be available at all times on the premises of the collective garden; and
(e) No useable cannabis from the collecti4e garden is delivered to anyone other than one of the
qualifying patients participating in the collective garden.
(2) For purposes of this section,the creation of a "collective garden" means qualifying patienu
sharing responsibility for acquiring and supplying the resources required to produce and process
cannabis for medicat use such as, for example, a location for a collective garden; equipment, supplies,
and labor necessary to plant, grow, and harvest cannabis; cannabis planu, seeds, and cuttings; and
equipment,supplies,and labor necessary for proper construdion, plum6ing, wiring, and ventilation of a
garden of cannabis planu.
(3)A person who knowingly violates a provision of subsedion(1)of this section is not entitled to
the protections of this chapter.
69.S1A.090 Applicability ofvalid documentation definition
The provisions of RCW 69.SSA.010, relating to the definition of 'valid documentation,'apply
prospectiveiy only, not retroactively, and do not affect valid documentation obtained prior to June 10,
2010.
69.S1A.300. Qualifying patient's designation of provider--Provider's service as designated provider—
Termination
(1)A qualifying patient may revoke his or her designation of a specific provider and designate a
_______ ___different proqider et any time._A rev_ocation_of designatioq must_be in writing, signed and dated_The __
--- _—
protections of this chapter cease to apply to a person who has served as a designated proyider to a
qualifying patient seventy-two hours after receipt of that patient's revocation of his or her designation.
(2)A person may stop serving as a designated provider to a given qualifying patient at any time. ,
However, that person may not begin serving as a designated provider to a different qualifying patient
until fifteen days haye elapsed from the date the last qualifying patient designated him or her#o serve
as a provider.
69.51A.110 Suitability for organ transplant
A qualifying patienYs medical use of cannabis as authorized by a health care professional may
not be a sole disqualifying factor in determining the patienYs suitability for an organ transplant, unless it
Marijuana Statutes Page 16
is shown that this use poses a signiflcant risk of rejection or organ failure.This section doesnot.preclude
a health care professional from requiring that a patient abstain from the medical use of cannabis, for a
period of time determined by the health care professional, while waiting for a transplant organ or
before the patient undergoes an organ transplant.
69.51A.120 Parental rights or residential time—Not to be:restric[eil
A qualifying patient or designated provider may not have his or her parental rights or residential
time with a child restricted solely due to his or her medical use of cannabis in compliance with the terms
of this chapter absent written findings supported by evidence that such use has resulted in a long-term
impairment that interferes with the performance of parenting functions as defined under RCW
26.09.004.
69.51A.130 State and municipalities-Not subject to liability
(1) No civil or criminal liability may 6e imposed by any court on the state or its officers and
employees for actions taken in good.faith under this chapter and within the acope of their assigned
duties.
(2) No civil or criminal liability may be imposed by any court on cities, towns, and counties or
other municipalities and their officers and employees for actions taken in good faith under this chapter
and within the scope of their assigned duties.
69.51A.140 Counties; cities,towns—Authority to adopt and enforce requirements
(1) Cities a�d towns may adopt and enforce any of the following pertaining to the production,
processing, or dispensing of cannabis or cannabis products within their jurisdiction: Zoning
requirements, business licensing requirements, health and safety requirements, and business taxes.
Nothing in chapter 181, Laws of 2011 is intended to limit the authority of cities and towns to impose
zoning requirements or other conditions upon licensed dispensers, so long as such requiremenu do not
preclude the possibflity of siting licensed dispensers within the jurisdidion. If the jurisdiction has no
commercial zones,the jurisdiction is not required to adopt zoning to accommodate licensed dispensers.
(2) Counties may adopt and enforce any of the following pertaining to the production,
processing, or dispensing of cannabis or cannabis products within their jurisdiction in locations outside
of the corporate limits of any city or town: Zoning requiremenu, tiusiness licensing requirements, and
6ealth and safety requiremenu. Nothing in chapter 181, Laws of 2011 is intended to limit the authoriry
of counties to impose zoning requirements or other conditions upon licensed dispensers,so long as such
requiremenu do not preclude the possibility of siting licensed dispensers within the jurisdiction. If the
jurisdiction has no commercial zones, the jurisdidion is not required to adopt zoning to accommodate
licensed dispensers. '
69.51A.200 Evaluation
------- ----- ----- -------------- ---------------- ---- ---
(1) By July 1,2014,the Washington state institute for publicpolicy shall, within available funds,
wnduct a cost-benefit evaluation of the implementation of chapter181, Laws of 2011 and the rules
adopted to carry out iu purposes.
(2)The evaluation of the implementation of chapter 181, Lawaof 2011 and the rules adopted to
carry out its purposes shall include, but not necessarily be limited to, consideretion of the following
factors:
(a) Qualifying patients'access to amadequate source of cannabis for medical use;
(b) Qualifyingpatients'access to a safe source of cannabis for medical use;
(c) Qualifying patients'access to a consistent source of cannabis for medical use;
(d) Qualifying patients'access to a secure source of cannabis for medical use;
Marijuana Statutes Page 17
(e) Qualifying patients' and designated providers' contact with law enforcement and
inyolvemeM in the criminal justice system;
(� Diversion of cannabis intended for medical use to nonmedicaluses;
(g) Incidents of home invasion burglaries, robberies, and other violent and prope.rty crimes
associated with qualifying,patients accessing cannabis for medical use;
(h)Whether there are health care professionals who make a disproportionately high amount of
authorizaYions in comparison to the health care professional communiry at large;
(i) Whether there are indications of health are professionals in violation of RCW 69.51A.030;
and '
(j)Whether the Fiealth care professionals making authorizations reside in this state or out of this
state.
(3) For purposes of facilitating this evaluation, the departmenu of health and agriculture will
make available to the Washington state institute for pubiic policy requested data, and any other data
eitHer department may cori'sider relevant, from which all personally identifiable information has been
redacted. '
69.S1A.900 Short title-1999 c 2
Thischapter may be known and ci4ed as the Washington state:medical use of cannabis act.
69:SSA.901 Severebility--1999 c 2
If any provision of this act or its application to any person or circumstance is held invalid, the
}emainder of tlie act or the application of the pro4ision to other persons or circumstances is not
affected.
69.S1A.902 Captions nof law-1999 c 2 '
Captions used in this chapter are not any part of the law.
69.S1A.903 Severabiliry-2011 c 181
If any provision of this act or the application thereof to any person or circumstance is held
invalid,the invalidity does not affect other provisions or applicationsof the act that can be given effect
without the invalid provision or application,and to this eod the provisions of this act are severable.
The statutes and Constitution are current with Legislation from the 2011 2nd Special Session
effective through lanuary 1, 2012, and Chapters 1 and 2 (Initiative Measures 1163 and 1183) from the
2012 Regular Session.
21 U.S.C.§841 Prohibited acts A
--- — — --- — --- ---
- ------— — --------------
(a) U.nlawful acts
Except as authorized by this subchapter, it shall be unlawful for any person knowingly or
intentionally—
{1)to manufac[ure, distribute, or dispense, or possess with intent to manufac[ure,distribute, or
dispense,a controlled substance;or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a
counterfeit substance.
(b) Penalties
Except as otherwise provided in section 859, 860, or 861 of this title, any person who violates
subsection (a)of this section shall he sentenced as follows:
Marijuana Statutes Page 18
(1)(A) In the case of a violation of subsection (a)ofthis section involving—
(i) 1 kilogrem or more of a mixture or substance containing a detectable amount of heroin;
(ii)5 kilogrems or more of a mixture or substance containing a detectable amouM of—
(I) coca leaves,ezcept coca leaves and extracts of coca leaves from which cocaine,ecgonine,and
derivatives of ecgonine or their salts have been removed;
(II)cocaine,iusalts,optical and geometric isomers,and salts of isomers;
(III)ecgonine,its derivatives,their salts,isomers,and salts of isomers;or
(IV) any compound, mixture, o� preparetion which contains any quantity of any of the
substances referred to in subclauses(I)through(III);
(iii) 280 grams or more of a mixture or substance described in clause (ii)which contains wcaine
base; ,
(iv) 300 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance
containing a detectable amount of phencyctidine(PCP);
(v) 10 grams or more of a mixture or substance containing a iletectable amount of lysergic acid
diethylamide(LSD);
(vi)400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-
[1-(2-phenylethyl)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance
containing a detectable amount of any analogue of N-pherryl-N-[1-(2-phenylethyl)-4-piperidinyl]
propanamide;
(vii) 5000 kilograms or more of a mixture or substance containing a detectabie amount of
marijuana,or 1,000 or more marijuana plants regardless of weight;or
(viii) 50 grams or more of inethamphetamine, its saiis, isomers, and salts of iu isomers or 500
grams or more of a mixture or substance containing a detectable amount of inethamphetamine, its
salts,isomers,or salts of its isomers;
Such personshall besentenced to a term of imprisonment which may not be Iess than 10 years
or more than life and if death or serious bodily injury results from the use of such substance shall be not
less than 20 years or more than life, a fine not to exceed the greater of that authorized in acmrdance
with the provisions of Title.18, or $10,000,000 if the defendant is an individual or $50,000,000 if the
defendant is other than an individual, or both. If any person commits such a violation after a prior
conviction for a felony drug offense has become final, such person shall be sentenced to a term of
imprisonment which may not be less than20 years and not more than life imprisonment and if death or
serioug bodily injury results from the use of such substance shall be sentenced to life imprisonment, a
fine not to exceed the greater of twice that authorized in accordance with the provisions of Title 18, or
$20,000,000 if the defendant is an individual or$75,000,000 if the defendant is other than an individual,
or both. If any person commiva violation of this subparegraph ocof section 849,859,860,or 861 of this
title after two or more prior convictions for a felony drug offense have become final, such person shall
be sentenced to a mandatory term of life imprisonment withouY release and fined in accordance with
___ __ __the_preceding sentence._Notwithstanding_section 3583 of Title 18,_any sentence__under__this_____ _ _ _
subparagraph shall, in the absence of sucha prior conviction, impose a term of supervised reiease of at
least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction,
impose a term of supervised release of at least 10 years in addition to such term of impriwnment.
Notwtthstanding any other provision of law, the court shall not place.on pro6ation or suspend the
sentence of any person sentenced under this subparagraph. No person sentenced under this
subparagraph shali be eligible for parole during the term of imprisonment imposed therein.
(B) In the case of a violation of subsection(a)of this sedion involving—
{i) 100 grams or more of a mixture or substance containing a detectable amount of heroin;
(ii) 500 grams or more of a mixture or substance containing a detectable amount of--
Marijuana Statutes Page 19
(I)coca Ieaves,except coca leaves and ext2cts of coca leaves fromwhich cocaine,ecgonine,and
derivatives of ecgonine or their salts have been removed;
(II)cocaine, its salts,optical and geometric isomers,and salts of isomers;
(II1)ecgonine,iu derivatives,their salu, isomers,and salts of isomers;or
(IV) any compound, mi�RUre, or preparetion which contains any quantity of any of the
substances referred to in subclauses(I)through (III);
(iii) 28 grams or more of a mixture or substance described in clause (ii) which contains cocaine
base;
(iv) 10 grams or more of phencyclidine (PCP) or 100 grams ormore of a mixture or substance
containing a detectable amountbf phencyclidine (PCP);
(v) 1 grem or more of a mixture or substance containing a detectable amount of lysergic acid
diethylamide(LSD);
(vi)40 grams or more of a mixture orsubstance containing a detectable amount of N-phenyl-N-
[1-(2=phenylethyl)-4-piperidinyl] propanamide or10 grams or more of a mixture or substance containing
a detecfable amount of any analogue of N-phenyl-N-[3-(2-phenylethyl)-4-piperidinyl] propanamide;
(vii) 100 kilograms or more of a mixture or substance containing a detectable amouM of
marijuana,or 100 or more marijuana plants regardless of weight;or
(4iii) 5 grams or more of inethamphetamine, its salts, isomers, and salts of its isomers or 50
grams or more of a mixture or substance rnntaining a detectable amount of inethamphetamine, its
saits,isomers,or salts of iu isomers;
Such person shall be sentenced to a term of imprisonment which may not be less than S years
and not more than 4D years and if death or.serious bodily injury results from the use of such substance
shall be not less than 20 years or more than life, a fine.not to exceed the greater of that authorized in
accordance with the provisions ofTitle 18,or$5,000,000 if the defendant is an individual or 525,000,000
if the defendant is other than an individual,or both. If any person commitr such a violation after a prior
conviction for a felony drug offense has become final, such person shall be sentenced to a term of
imprisonment which may not be less than 30 years and not more than life imprisonment and if death or
serious bodily injury resulu from the use of such substance shail be sentenced to life imprisonment, a
fine not to exceed the greater of twice that authorized in accordance with the provisions of Title 18, or
. $8,000,000 if the defendant is an individual or$50,000,000 if the defendant is other than an individual,
or both. Notwithstanding section 3583 of Title 18, any sentence imposed under this subparagraph shall, •
in the absence of such a prior mnviction, include a term of supervised release ofat least 4 years.in
addition to such term of imprisonment and shall, if there was such a prior conviction, include a ferm of
supervised release of aYleast 8 years in addition to such term of imprisonment. Notwithstanding any
other provision of law, the court shall not place on probation or suspend the sentence of any person
sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for
- parole during the term of imprisonment imposed therein.
C In the case of a controlled substance in schedule I or_11,_gamma hydroxybutyric acid.
-- - -- --�_)—_----- -- — ------
(inciuding when scheduled as an approved drug product for purposes of section 3(a)(1)(B)of the Hillory
J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000),or 1 gram of flunitraiepam,except
as proVided in subparegraphs (A), (B), and (D}, such person shall be sentenced to a term of
impriwnmeM of not more than 20 years and if death or serious bodily'injury results from the use of
such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than
life, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18, or
$1,000,000 if the defendant is an individual or$5,000,000 if the defendant is other than an individual,or
both. If any persom commits such a violation after a prior conviction for a felony drug offense tias
become final,such person shall be sentenced to a term of imprisonment of not more than 30 years and
if death or serious bodily injury results from the use of such substance shall be sentenced to life
Marijuana 5tatutes Page 20
imprisonment, a fine not to exceed the greater of twice that authorized in accordance wrth the
provisions of Title 18, or$2,000,000 if the defendant is an individual or$10,000,000 if the defendant is
other than an individual, or both. Notwithstanding section 3583 of Title 18, any sentence imposing a
term of imprisonment under this paragreph shall, in the absence of such a prior conviction, impose a
term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there
wassuch a prior conviction, impose a term of supervised release of at least 6 years in addition to such
term of imprisonmen4. Notwithstanding any other provision of law, the court shall not place on
probation or suspend the sentence of any person sentenced under the provisions of this subparagraph
which provide for a mandatory term of imprisonment if death orserious bodily injury results, nor shall a
person so sentenced be eligible for parole during the term of such a.sentence.
(D) In the case of less than 50 kilogrems of marihuana, except in the case of 50 or more
marihuana plants regardless of weight, 10 kilograms of hashish, or,one kilogram of hashish oil, such
person shall, except as provided in paregraphs(4) and (5) of this subsection, be sentenced to a term of
imprisonment of not more than 5 years, a fine not to exceed ,the greater of that authorized in
accordance with the provisions of Title 18, or$250,000 if the defendant is an individual or$1,000,000 if
the defendant is other than an individual, or both. If anyperson commits such a 4iolation after a prior
conviction for a felony drug offense has become final, such person shall be sentenced to a term of
imprisonment of not more than 10 years, a fine not to exceed the greater of twice that authorized in
accordance with the provisions of Title 18, or$500,000 if the defendant is an individual or$2,000,000 if
tHe defendant is other than an individual, or both. Notwithstanding section 3583 of Title 18, any
sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior
conviction, impose a term of supervised release of at least 2 .years. in addition to such term of
imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at
least 4 years in addition to such term of imprisonment.
(E)(i) Except as provided in subparagrephs (C) and (D), in the case of any controlled substance in
schedule Ill,such:person shall be sentenced to a term of imprisonment of not more than 10 years and if
death or serious bodily injury results from the use of such substance shail be sentenced to a term of
imprisonment of not more than 15 years, a fine not to exceed the greater of that authorized in
accordance with the provisions of Title 18,or$500,000 if the defendant is an individual or$2,500,000 if
the defendant is other than an individual,or both.
(ii) If any person commits such a diolation after a prior conviction for a felony drug offense has
become final, such person shall be sentenced to a term of imprisonment of not more than 20 years and
if death or serious bodily injury results from the use of such substance shall be sentenced to a term of
impcisonment of not more than 30 years, a fine not to exceed tFie greater of twice that authorized in
accordance with the provisions of Title 18,or$1,000,000 if the defendant is an individua�or$5,000,000
if the defendant is other than an individual,orboth.
(iii) Any sentence imposing a term of imprisonment, under this subparagraph shall, in the
absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to
---------- --------- ------------- ---__ _ _ __..---
such term of imprisonment and shall, if there wassuch a'prior conviction, impose a term ofsupervised
release of at least 4 years in additionto such term of imprisonment.
(2) In the case of a controlled substance in schedule7V,suchperson shall be sentenced to a term
of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in
accordance with tlie provisions of Title 18,or$25Q000 if the defendant isan individual or$1,000,000 ff
the defendant is other than an individual, or both. If any person commits such a violation after a prior
conviction for a felony drug offense has become final, such person shall be sentenced to a term of
imprisonment of not more than 10 years, a fine not to exceed the greaterof twice that authorized in
accordance with the provisions of Title 18, or$500,000 if the.defendant is an individual or$2,000,000 if
the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment
Marijuana Statutes Page 21
under this paragraph shall, in the absence of such a prior conviction, impose a term ofsupervised'
release of at least one year in addition to such term of imprisonment and shall, if there was such a prior
conviction, impose a term of supervised release of at least 2 years in addition to such term of
imprisonment.
(3) In the case of a controiled substance in schedule V, such person shall be sentenced to a term
of imprisonment of not more than one year, a fine not to exceed the greater of that authorized in
accordance with the provisions of Title 18, or$100,000 if the defendant is an individual or$250,OOU if
the defendant is other than an'individual, or both. If any person commiu such a violation after a,prior
conviction for a felony drug offense has bewme final, such persons shall be sentenced to a term of
imprisonment of not more than 4 years, a fine not to exceed the greater of twice that authorized in
accordance with the provisions of Title 18, or$200,000 if the defendant is an individual or$500,000 if
the defendant is otherthan an individual, or both. Any sentence imposing a term of imp�isonmeni
under this paregraph may, if there was a prior conviction, impose a term of supervised release of not
more than 1 year, in additionto such term of imprisonment.
(4)Notwithstanding paregreph (1)(D) of this subsection, any person who violates subsection (a)
of this section by distributing a small amount of marihuana for no remuneration shall be treated as
provided in section 844 of this title and section 3607 of Titie 18.
(5) Any person who violates subsection (a) of this section by cultivating or manufacturing a
controlled substance on Federal property shall be imprisoned as provided in this subsedion and shall be
fined any amount not to exceed—
(A)the amount authorized in accordance with this sedion;
(B)the amount authorized in accordance witFi the provisions of Title 18;
(C)$500,000 if the,defendant is an individual;or
(D)$1,000,000 if the defendant is other than an individual;
or both. •
(6)Any person who violates subsection (a),orattemptsto do so, and knowingly or intentionally
uses a poison,chemical,or other hazardous substance on Federal land,and, by such use--
(A)creates a serious hazard to humans,wildlife,or domestic animals,
(B)degredes orharms the environment or natural resources,or
(C) pollutes an aquifer,spring,stream, river,or body of water,
Shall be fined in accordance with title 18; United States Code, or imprisoned not mora ihan five
years,or boEh.
(7) Penalties for distribution. (A) In general. Whoever,with intent to commit a crime of violence,
as defined in section 16 of Title 18 (including rape), against an individual, violates subsection (a) of this
section by distributing a controlled substance or controtled substance analogue to that individual
without that individual's knowledge, shall be imprisoned not more than 20 years and fined in
accordance with Title 18.
(B) Definitions. For purposes of this paregreph,_the term "without that individual's know�edge"
_..__._.__ ... ..___... _._.__.
means tfiat the individual is unaware that a substancewith the ability to alter that indi4idual'sabiliry to
apPreise conduct or to decline participation in or communicate unwillingness to participate in'conduct is
administered'to the individual. �
(c)'Offenses involvingiisted chemicals
Any person who knowingly or intentionally--
(1) possesses a listed chemical with intent to manufacture a controlled substance except as
authorized by this subchapter;
(2) possesses or distributes a listed chemical knowing, or having reasonable cause to belie4e,
that the listed chemical will be used to manufacture a controlled substance except as authorized by this
subchapter;or
Marijuana Statutes Page 22
�
(3)with the intent of causing the evasion of the recordkeeping or reporting requirements of
section 830 of this title, or the regulations issued under thatsection, receives or distributes a reportable
amount of any listed chemical in units small enough so that the making of records or filing of reports
under that section is not required;
Shall be fined in accordance with Title 18 or imprisoned not more than 20 years in the_case ofa
violation of paragraph (1) or (2) involving a list I chemical or not more than'10 years in the case of a
violation of this subsection other than a violation of paragraph (1) or (2) invol4ing a list I chemical, or
both.
(d) Boobytraps on Federal property; penalties; "boobytrap"defined
(1)Any person who assembles, maintains, places,or causes to be placed a boobytrap on Federel
property where a controlled substance is being manufactured, distributed, or dispensed shall be
sentenced to a term of imprisonment for not more than 10 years or fined underTitle 18,or both.
(2) If any person commits such a violation after 1 or more prior convictions for an offense
punishable under this subsection, such person shall be sentenced to a term of imprisonment of not
more than 20 years or fined under Title 18,or both..
(3) For the purposes of this subsection, the term "boobytrap" means any concealed or
camouflaged device designed to cause bodily injury when triggered by any action of any unsuspeding
person making contact with the device.Such term includes guns, ammunition, or explosive devices
attached to trip wires or other trigger'ing mechanisms, sharpened stakes, and lines or wires with hooks
attached.
(e)Ten-year injunction as additional penalty
In addition to any other applicable penalty, any person convicted of a felony violation of this
section relating to the receipt, distribution, manufacture, exportation, or importation of a listed
chemical may be enjoined from engaging in any trensaction involving a listed chemical farnot more than
ten years.
(�Wrongful distribution or possession of listed chemicals
(1) Whoever knowingly distributes a listed chemical in diolation of this subchapter(other than in
violation of a recordkeeping or reporting requirement of section 830 of this title) shall, except to the
extent that paragraph (12), (13), or(14) of section 842(a) of this title applies, be fined under Title 18 or
imprisoned not more2hani years,or both.
(2) Whoever possesses any listed chemical, with knowledge that,the recordkeeping or reporting
requirements of section 830 of this title have not been adhered to, if, after such knowledge is acquired,
such person does not take immediate steps to remedy the violation shall be fined under Title 18 or
imprisoned not more than one year,or both.
(g) Internet sales of date repe drugs
(1) Whoever knowingly uses the Internet to distribute a date rape drug to anyperson, knowing
or with reasonabie cause to beiieve that-
_____ .. ____._.(AJ_the_drugwould_be_used_in tfie commission ofcriminal_sexual_conduct; or ____ _ ___.__ _ ..__
_ _ _ ._.._ _..___ .
(B)the person is not an authorized purchaser;
Shall be fined under this subchapter or imprisoned not more than 20 years,or both.
(2)As used in this subsection:
(A)The term "date repe drug"means—
(i) gamma hydroxybutyric acid (GHB) or any controlled su6stance analogue of GHB, including
gamma butyrolactone (GBL)or 1,4-butanediol;
(ii) ketamine;
(iii)flunitrazepam;or
(iv) any substance which the Attorney General designates, pursuant to the rulemaking
procedures prescribed by section 553 of Title 5,to be used in committing rape or sexual assault.
Marijuana Statutes Page 23 .
,
The Attorney General is authorized to remove any substance from the list of date rape drugs
pursuant to the same rulemaking authority.
(B)The term "authorized purchaser" means any of the foilowing persons, provided such person
has acquired the controlled substance in accordance with this chapter:
(i) A person with a valid prescription that is issued for a legitimate medical purpose in,the usual
course of professional practice that is based upon a qualifying medical relationship by a practitioner
registeretl by the Attorney General. A "qualifying medical relationship" means a medical relationship
that exists when the practitioner has conducted at least 1 medical evaluation with the authorized '
purchaser in the physical presence of the practitioner, without regard to whether portions of the
evaluation are conducted bybther health professionals.The preceding sentence shall not be construed
to imply that 1 medical evaluation demonstrates that a prescription has been issued for a legitimate
medical purpose within the usual course of professional prectice.
(ii) Any practitioner or other registrant who is otherwise authorized by their registretion to
dispense; procure, purchase, manufacture, transfer, distribute, import, or export the substance under
this chapter.
(iii) A person or entity providing documentation that establishes the narne, address, and
business of the person or entity and which provides a legitimate purpose for using any"date repe drug"
for which a prescription is not required.
(3) The Attorney General is authorized to promulgate regulations for record-keeping and
reporting by persons handling 1,4-butanediol in orderto implement and enforce the provisions of this
section. Any record or report required by such regulations shall be considered a record or report
required under this chapter.
(h)Offenses involving dispensing of controlled substances by means of the Internet
(1)In general
It shall be unlawful for any person to knowingly or intentionally—
(A) deliJer, distri6ute, or dispense a controlled substance by means of the Internet, except as
authoriied bythissubchapter;or
(B) aid or abet (as such terms are used in section 2 of Title 18) any activity described in
sutiparagraph (A)that is not authorized by this subchapter.
(2)Examples
Examples of activities that violate paregraph (1) include, but are not limited to, knowingly or
intentionally—
(A) delivering, distributing, or dispensing a controlled substance by means of the InterneYby an
online pharmacy that is not validly registered witha modification authorizing such activity as required by
section 823(fl of this title(unless exempt from such registretion);
(B) writing a prescription for a controlled substance for the purpose of delivery, distribution, or
dispensation by means of the lnternet in violation of section 829(e)of this title;
_ ____ _ ____,_ _.(C),serving as_an,agent,_intermedia_ry,o_r_other entiry that causes the_Internet to_be used to bring___._ ...__
together a buyer and seller to engage in the dispensing of a controlled substance in a manner not
authorized by sections 823(� of this title or 829(e)of this title;
(D) offering to fill a prescription for a controlled substance based solely on a consumer's
completion of an online medical questionnaire;and
(E) making a'material false,fictitious,or f�audulent statement or representation in a notification
or declaration under subsection(d)or(e), respectively,of section 831 of this title:
(3) Inapplicability
(A)Thissubsec[ion doesnotapply to-- �
(i)the delivery, distribution, or dispensation of controlled substances by nonprectitioners to the
extent authorized by their registration under this subchapter;
Marijuana Statutes Page 24
. : .�
(ii) the placement on the Internet of material that merely adqocates the use of a controlled
substance or includes pricing fnformation without attempting fo propose or facilitate an actuai .
trensaction inJolving a controlled substance•or
(iii)except as provided in subparegraph(B),any activity that is limited to-
(I) the provision of a telecommunications service, or of an Internet access service or Intemet
inforrriation location tool(as:those terms are defined in section 231 ofTitie 47);or
QIj the transmission, storage, retrieval, hosting, formatting, or translation (or any combination
thereof) of a communiwtion, without seledion or alteretion of the content of the communication,
except that deletion of a particular communication or material made by another person in a manner
consistent with section 230(c) of Title 47 shall not constitute such seledion or alteration of the content
ofthe communication.
(B) The exceptions under subciauses (I) and (II) of subqaragreph (A�(iii) shall not apply to a
person acting in concert with a person who violates paragraph(1).
(4)Knowing or intentional violation
Any person who knowingly or intentionally violates this subsection shall be sentenced in
accordance with subsection (b). (Pub.L. 91-513,Title II, § 401, Oct. 27,1970, 84 Stat. 1260; Pub.L.95-
633; Title II, § 201, Nov. 30, 1978, 92 Stat. 3774; Pub.L. 96359;.§ 8(c), Sept. 26,1980, 94 Stat. 1194;
Pub.L. 98-473,Title II, §§ 224(a), 502;503(b)(1), (2),Oct. 12,1984;98 Stat.2030.'2068,2070; Pub.L. 99-
570,Titie I,§§ 3002, 3003(a), 1004(a), 1005(a), 1303,Title XV, § 15005, Oct. 27, 1986, 10DStat.3207-2,
3207-5, 3207-6, 3207-11, 3207-192; Pub.L. 500- 690, Title VI, §§ 6055, 6254(h), 6452(a), 6470(g), (h),
6479, Nov. 18,1988, 102 SWt.4318,4367;4371,4378,4381;Pub.L. 301-647,Title X,§1002(e),Title XII,
§ 1202, Title XXXV, § 3599K, Nov. 29, 1990, 104 Stat. 4828, 4830, 4932; Pub.L. 103-322, Title IX, §
90105(a), (c),Title XVIII, § 180201(b)(2)(A),Sept. 13, 1994, 308 Stat. 1987, 1988, 2047; Pub.L. 104-237,
Title II, § 206(a),Title III;§ 302(a), Oct;3, 1996, 110Stat. 3103,3105; Pub.L. 104305, §1(a), (b)(1), Oct. ,
13, 1996, 110 Stat. 3807; Pub.L. 105-277, Div. E, § 2(a), Oct. 21, 1998, 112 Stat. 2681-759; Pub.L 306-
172, §§3(b)(1), 5(b), 9, Feb. 18, 2000, 114 Stat. 9, 10, 13; Pub.L. 307-273, Div. B,Title III,§ 3005(a),Title
IY, § 4002(d)(2)(A), Nov. 2, 2002, 116 Stat. 1805, 1809; Pub.L 109-177, Trtle VII, §§ 711(�(1)(B), 732,
Mar. 9, 2006, 120 Stat. 262, 270; Pub.L 109-248,Title II, § 201,July 27, 2006, 120 Stat. 611; Pub.L 110-
425, §3(e),(�,Oct. 15,2008, 122 Stat.4828; Pub.L 111-220,§§2(a),4(a),Aug.3,2030, 124 Stat..2372.)
Marijuana Statutes Page 25