(i) The specific recommendations required under (a) of this subsection; (ii) A comparison of gross sales and tax collections prior to and after any cannabis tax change; (iii) The increase or decrease in the volume of legal cannabis sold prior to and after any cannabis tax change; (iv) Increases or decreases in the number of licensed cannabis producers, processors, and retailers; (v) The number of illegal and noncompliant cannabis outlets the board requires to be closed; (vi) Gross cannabis sales and tax collections in Oregon; and. (2) As the regulated marketplace has been developing, Washington residents with a strong entrepreneurial spirit have taken great financial and personal risk to become licensed and part of this nascent industry. (a) "Cannabis product" means "useable cannabis," "cannabis concentrates," and "cannabis-infused products," as those terms are defined in RCW. The controlled substance must be held for the benefit of the registrant or the registrant's successor in interest. (e) Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts: Buprenorphine. Cocaine Dealer From Shorewood Falls Asleep At Joliet Gas Station: JPD Fines imposed under this section must be allocated to the health professions account. (2) Immediate precursors to phencyclidine (PCP): (ii) 1-piperidinocyclohexanecarbonitrile (PCC). This does not include qualifying patients with a valid authorization. (b) Depressants. Pharmacists may continue to dispense and deliver medications from otherwise valid written, oral, or faxed prescriptions. (6) The board may summarily suspend a license for a period of up to one hundred eighty days without a prior hearing if it finds that public health, safety, or welfare imperatively require emergency action, and it incorporates a finding to that effect in its order. (c) inventory any stock of any controlled substance therein and obtain samples thereof. (b) Except when dispensed directly by a practitioner authorized to prescribe or administer a controlled substance, other than a pharmacy, to an ultimate user . (b) The tax levied in this section must be reflected in the price list or quoted shelf price in the licensed cannabis retail store and in any advertising that includes prices for all useable cannabis, cannabis concentrates, or cannabis-infused products. (1) In the years since the creation of a legal and regulated marketplace for adult use of cannabis, the industry, stakeholders, and state agencies have collaborated to develop a safe, fully regulated marketplace. If the police find you in possession of marijuana or controlled substances in Pennsylvania, you will at the very least likely be facing possession charges, which are often a misdemeanor. . Such signs may not contain any depictions of cannabis plants, cannabis products, or images that might be appealing to children. (4) Every license issued under this chapter is subject to all conditions and restrictions imposed by this chapter or by rules adopted by the board to implement and enforce this chapter. (B) The Washington poison control center. Jail sentences range widely depending on the crime charged, the type of drugs . Not Identifying the Schedule I Controlled Substance 15 IV. (1) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter. (c) Economies of scale, and their impact on licensees' ability to both comply with regulatory requirements and undercut illegal market prices; (7) Determining the nature, form, and capacity of all containers to be used by licensees to contain cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products, and their labeling requirements; (8) In consultation with the department of agriculture and the department, establishing classes of cannabis, cannabis concentrates, useable cannabis, and cannabis infused products according to grade, condition, cannabinoid profile, THC concentration, CBD concentration, or other qualitative measurements deemed appropriate by the board; (9) Establishing reasonable time, place, and manner restrictions and requirements regarding advertising of cannabis, cannabis concentrates, useable cannabis, and cannabis-infused products that are not inconsistent with the provisions of this chapter, taking into consideration: (a) Federal laws relating to cannabis that are applicable within Washington state; (b) Minimizing exposure of people under twenty-one years of age to the advertising; (c) The inclusion of medically and scientifically accurate information about the health and safety risks posed by cannabis use in the advertising; and. (b) Except when dispensed directly by a practitioner authorized to prescribe or administer a controlled substance, other than a pharmacy, to an ultimate user, a substance included in Schedule II may not be dispensed without the written or electronically communicated prescription of a practitioner. How Do Prosecutors Prove Intent to Deliver in PA PWID Charges? It is the intent of the legislature that this policy will be continued in the 2023-2025 fiscal biennium; (d) Fifty percent to the state basic health plan trust account to be administered by the Washington basic health plan administrator and used as provided under chapter, (e) Five percent to the Washington state health care authority to be expended exclusively through contracts with community health centers to provide primary health and dental care services, migrant health services, and maternity health care services as provided under RCW, (f)(i) Up to three-tenths of one percent to the office of the superintendent of public instruction to fund grants to building bridges programs under chapter, (ii) For each fiscal year, the legislature must appropriate a minimum of five hundred eleven thousand dollars to the office of the superintendent of public instruction under this subsection (2)(f); and, (g) At the end of each fiscal year, the treasurer must transfer any amounts in the dedicated ((, (A) Thirty percent must be distributed to counties, cities, and towns where licensed ((, (B) Seventy percent must be distributed to counties, cities, and towns ratably on a per capita basis. For the purpose of reviewing any application for a license and for considering the denial, suspension, revocation, cancellation, or renewal or denial thereof, of any license, the board may consider any prior criminal arrests or convictions of the applicant, any public safety administrative violation history record with the board, and a criminal history record information check. (2) The board may not issue, transfer, or renew a cannabis retail license for any licensee in violation of the provisions of subsection (1) of this section. (oo) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance. Local laws and ordinances that are inconsistent with the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of the city, town, county, or municipality. Transfer of license to produce, process, or sell cannabis. The board must select a scientific reviewer to review an applicant's research project and determine that it meets the requirements of subsection (1) of this section, as well as assess the following: (a) Project quality, study design, value, or impact; (b) Whether applicants have the appropriate personnel, expertise, facilities/infrastructure, funding, and human/animal/other federal approvals in place to successfully conduct the project; and. (d)(i) An amount not less than one million two hundred fifty thousand dollars to the board for administration of this chapter as appropriated in the omnibus appropriations act; (ii) One million three hundred twenty-three thousand dollars for fiscal year 2020 to the health professions account established under RCW, (iii) Two million four hundred fifty-three thousand dollars for fiscal year 2020 and two million four hundred twenty-three thousand dollars for fiscal years 2021, 2022, and 2023 to the Washington state patrol for a drug enforcement task force. (8) Any compound, mixture, or preparation containing any quantity of any substance referred to in (1) through (7) of this subsection. (3) the abuse of the substance may lead to severe psychological or physical dependence. PDF N.8 Controlled Substances - ILRC (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. Additional fine for certain felony violations. This means that all other state drug laws are still in effect; the state laws still criminalize possessing a controlled substance with intent to deliver, delivery of a controlled substance, and manufacturing a . (1)(a) Nothing in this chapter prohibits a producer or processor from providing retailers branded promotional items which are of nominal value, singly or in the aggregate. (1) The board may conduct controlled purchase programs to determine whether: (a) A cannabis retailer is unlawfully selling cannabis to persons under the age of twenty-one; (b) A cannabis retailer holding a medical cannabis endorsement is selling to persons under the age of eighteen or selling to persons between the ages of eighteen and twenty-one who do not hold valid recognition cards; or. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost; (c) Any other controlled substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter, (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, (e) A substance classified in Schedule V, is guilty of a class C felony punishable according to chapter, (3) The production, manufacture, processing, packaging, delivery, distribution, sale, or possession of cannabis in compliance with the terms set forth in RCW. (u) "Dispenser" means a practitioner who dispenses. (7) This section does not apply to practitioners licensed under chapter. Three thousand dollars of the fine may not be suspended. The board may submit the criminal history record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the forms. Prescriptions electronically communicated must also meet the requirements under RCW 69.50.312. "Transit advertisements" means advertising on or within private or public vehicles and all advertisements placed at, on, or within any bus stop, taxi stand, transportation waiting area, train station, airport, or any similar transit-related location. The department of fish and wildlife may apply to the department of health for registration pursuant to the applicable provisions of this chapter to purchase, possess, and administer controlled substances for use in chemical capture programs. (a) "Board" means the state liquor and cannabis board. Service by mail shall be deemed complete upon mailing within the fifteen day period following the seizure. The purpose of testing representative samples is to certify compliance with quality assurance and product standards adopted by the board under RCW. Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule IV: (a) Any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: (1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. (4) The task force shall hold its first meeting by July 1, 2020. However, no license of a cannabis retailer that otherwise meets the conditions for license forfeiture established pursuant to this subsection (3)(c) may be subject to forfeiture within the first nine calendar months of July 23, 2017. (c) Practitioners must be registered, or exempted under RCW. [, (1) On a schedule determined by the board, every licensed cannabis producer and processor must submit representative samples of cannabis, useable cannabis, or cannabis-infused products produced or processed by the licensee to an independent, third-party testing laboratory. In deciding which programs and practices to fund under this subsection (3)(b)(ii), the director of the health care authority must consult, at least annually, with the University of Washington's social development research group and the University of Washington's alcohol and drug abuse institute; and, (iii) Contract with community health centers to provide primary health and dental care services, migrant health services, and maternity health care services as provided under RCW, (c)(i) One and one-half percent to counties, cities, and towns where licensed cannabis retailers are physically located. (b) The net proceeds of forfeited 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 at 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 section. RCW 9.94A.030 and 2022 c 231 s 11 are each amended to 6 read as follows: 7 Unless the context clearly requires otherwise, the definitions in . (b) The act of delivering cannabis or a cannabis product as authorized under this subsection (5) must meet one of the following requirements: (i) The delivery must be done in a location outside of the view of general public and in a nonpublic place; or. The survey must be conducted at least every two years and include questions regarding, but not necessarily limited to, academic achievement, age at time of substance use initiation, antisocial behavior of friends, attitudes toward antisocial behavior, attitudes toward substance use, laws and community norms regarding antisocial behavior, family conflict, family management, parental attitudes toward substance use, peer rewarding of antisocial behavior, perceived risk of substance use, and rebelliousness. (4) If a representative sample inspected and tested under this section does not meet the applicable quality assurance and product standards established by the board, the entire lot from which the sample was taken must be destroyed. [. Washington's strict liability drug possession statute, RCW 69.50.4013, made possession of a controlled substance a felony punishable by up to five years in prison, plus a hefty fine; leads to deprivation of numerous other rights and opportunities; and did this without proof that the defendant even knew they possessed the substance. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. This does not include qualifying patients with a valid authorization. The seizing law enforcement agency shall promptly return the article or articles to the claimant upon a determination by the administrative law judge or court that the claimant 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 section. The commission may require a manufacturer or distributor to submit information in addition to the application for registration under the federal act. (6) No person under twenty-one years of age may possess, manufacture, sell, or distribute cannabis, cannabis-infused products, or cannabis concentrates, regardless of THC concentration. A cannabis retailer may not terminate an employee solely for a first-time failure to comply with company policies regarding the sale of cannabis during an in-house controlled purchase program authorized under this section. Each seller must collect from the buyer the full amount of the tax payable on each taxable sale. (2) From the amounts in the dedicated marijuana account after appropriation of the amounts identified in subsection (1) of this section, the legislature must appropriate for the purposes listed in this subsection (2) as follows: (A) Creation, implementation, operation, and management of a marijuana education and public health program that contains the following: (I) A marijuana use public health hotline that provides referrals to substance abuse treatment providers, utilizes evidence-based or research-based public health approaches to minimizing the harms associated with marijuana use, and does not solely advocate an abstinence-only approach; (II) A grants program for local health departments or other local community agencies that supports development and implementation of coordinated intervention strategies for the prevention and reduction of marijuana use by youth; and, (III) Media-based education campaigns across television, internet, radio, print, and out-of-home advertising, separately targeting youth and adults, that provide medically and scientifically accurate information about the health and safety risks posed by marijuana use; and. The extraction or separation of resin from cannabis, the processing of cannabis concentrates, and the processing of cannabis-infused products that include cannabis concentrates not purchased from a validly licensed cannabis retailer as an ingredient by any person other than a validly licensed cannabis processor each constitute manufacture of cannabis in violation of RCW, (2) Except for the use of butane, the board may not enforce this section until it has adopted the rules required by RCW, (1) It is an unfair or deceptive practice under RCW, (2) "Synthetic cannabinoid" includes any chemical compound identified in RCW, It is an unfair or deceptive practice under RCW. The board may submit the criminal history record information check to the Washington state patrol and to the identification division of the federal bureau of investigation in order that these agencies may search their records for prior arrests and convictions of the individual or individuals who filled out the forms. (a) The department shall register an applicant to manufacture or distribute controlled substances included in RCW. (5) If any 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)(b), (c), (d), (e), (f), (g), or (h) of this section within forty-five days of the service of notice from the seizing agency 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. (2) Delivery, distribution, and sale of cannabis to a cannabis processor or another cannabis producer validly licensed under this chapter; (3) Delivery, distribution, and sale of immature plants or clones and cannabis seeds to a licensed cannabis researcher, and to receive or purchase immature plants or clones and seeds from a licensed cannabis researcher; and, (4) Delivery, distribution, and sale of cannabis or useable cannabis to a federally recognized Indian tribe as permitted under an agreement between the state and the tribe entered into under RCW. (2) An employee of a common carrier engaged in cannabis-related transportation or delivery services authorized under subsection (1) of this section is prohibited from carrying or using a firearm during the course of providing such services, unless: (b) The employee has an armed private security guard license issued pursuant to RCW, (c) The employee is in full compliance with the regulations established by the board under RCW, (4) The possession of cannabis, useable cannabis, cannabis concentrates, and cannabis-infused products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW. The commission shall publish updated schedules annually. Under Moncrieff, Delivery or Possession with Intent to Deliver Marijuana Is Not an Aggravated Felony 12 . (7) This section shall not apply to offenses defined and punishable under the provisions of RCW. For purposes of this subsection, "insolvent" means the condition that results when the sum of the entity's debts exceeds the fair market value of its assets. Upon a revocation order becoming final, all controlled substances may be forfeited to the state. (5) In establishing a cannabis research license, the board may adopt rules on the following: (b) Cannabis research license renewal requirements, including whether additional research projects may be added or considered; (d) Security measures to ensure cannabis is not diverted to purposes other than research; (e) Amount of plants, useable cannabis, cannabis concentrates, or cannabis-infused products a licensee may have on its premises; (g) Conditions under which cannabis grown by licensed cannabis producers and other product types from licensed cannabis processors may be donated to cannabis research licensees; and. (e) The department shall promptly notify the drug enforcement administration of all orders restricting, suspending, or revoking registration and all forfeitures of controlled substances. (iii) Bears no advertising or signage indicating that it is a cannabis research facility. ), (ii) Hemp and industrial hemp, as defined in RCW. (1) In making a determination regarding a substance, the commission shall consider the following: (i) the actual or relative potential for abuse; (ii) the scientific evidence of its pharmacological effect, if known; (iii) the state of current scientific knowledge regarding the substance; (iv) the history and current pattern of abuse; (v) the scope, duration, and significance of abuse; (vii) the potential of the substance to produce psychic or physiological dependence liability; and. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: Pyrovalerone. (6) Systems used for the electronic communication of prescription information must: (a) Comply with federal laws and rules for electronically communicated prescriptions for controlled substances included in Schedules II through V, as required by Title 21 C.F.R. (3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a licensed physician assistant or a licensed osteopathic physician assistant specifically approved to prescribe controlled substances by his or her state's medical commission or equivalent and his or her supervising physician, an advanced registered nurse practitioner licensed to prescribe controlled substances, or a veterinarian licensed to practice veterinary medicine in any state of the United States. [, (1) A person acting in good faith who seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW, (2) A person who experiences a drug-related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW, (3) The protection in this section from prosecution for possession crimes under RCW. (3) The prosecutor is encouraged to divert cases under this section for assessment, treatment, or other services. These rules must include: (a) THC concentration, CBD concentration, or low THC, high CBD ratios appropriate for cannabis concentrates, useable cannabis, or cannabis-infused products sold to qualifying patients or designated providers; (b) Labeling requirements including that the labels attached to cannabis concentrates, useable cannabis, or cannabis-infused products contain THC concentration, CBD concentration, and THC to CBD ratios; (c) Other product requirements, including any additional mold, fungus, or pesticide testing requirements, or limitations to the types of solvents that may be used in cannabis processing that the department deems necessary to address the medical needs of qualifying patients; (d) Safe handling requirements for cannabis concentrates, useable cannabis, or cannabis-infused products; and. No person may possess or attempt to possess a controlled substance or a controlled substance analog unless the person obtains the substance or the analog directly from, or pursuant to a valid prescription or order of, a practitioner who is acting in the course of his or her professional practice, or unless the person is otherwise authorized by this chapter to . The department of ecology must develop a fee schedule allocating the costs of the accreditation program among its accredited cannabis product testing laboratories. The recipient of the administrative violation notice may request a hearing under chapter, (a) Producers or processors from listing on their internet websites information related to retailers who sell or promote their products, including direct links to the retailers' internet websites; and, (b) Retailers from listing on their internet websites information related to producers or processors whose products those retailers sell or promote, including direct links to the producers or processors' websites; or.
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