Revised Code of Washington
Chapter 69.50 - Uniform Controlled Substances Act.
69.50.102 - Drug paraphernalia—Definitions.

RCW 69.50.102
Drug paraphernalia—Definitions.

(a) As used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis;
(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Roach clips: Meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand;
(vi) Miniature cocaine spoons, and cocaine vials;
(vii) Chamber pipes;
(viii) Carburetor pipes;
(ix) Electric pipes;
(x) Air-driven pipes;
(xi) Chillums;
(xii) Bongs; and
(xiii) Ice pipes or chillers.
(b) In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of this chapter;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in the community; and
(14) Expert testimony concerning its use.

[ 2022 c 16 § 52; 2012 c 117 § 366; 1981 c 48 § 1.]
NOTES:

Intent—Finding—2022 c 16: See note following RCW 69.50.101.


Severability—1981 c 48: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 48 § 4.]

Structure Revised Code of Washington

Revised Code of Washington

Title 69 - Food, Drugs, Cosmetics, and Poisons

Chapter 69.50 - Uniform Controlled Substances Act.

69.50.101 - Definitions.

69.50.102 - Drug paraphernalia—Definitions.

69.50.201 - Enforcement of chapter—Authority to change schedules of controlled substances.

69.50.202 - Nomenclature.

69.50.203 - Schedule I tests.

69.50.204 - Schedule I.

69.50.205 - Schedule II tests.

69.50.206 - Schedule II.

69.50.207 - Schedule III tests.

69.50.208 - Schedule III.

69.50.209 - Schedule IV tests.

69.50.210 - Schedule IV.

69.50.211 - Schedule V tests.

69.50.212 - Schedule V.

69.50.213 - Republishing of schedules.

69.50.214 - Controlled substance analog.

69.50.301 - Rules—Fees.

69.50.302 - Registration requirements.

69.50.303 - Registration.

69.50.304 - Revocation and suspension of registration—Seizure or placement under seal of controlled substances.

69.50.305 - Procedure for denial, suspension, or revocation of registration.

69.50.306 - Records of registrants.

69.50.308 - Prescriptions.

69.50.309 - Containers.

69.50.310 - Sodium pentobarbital—Registration of humane societies and animal control agencies for use in animal control.

69.50.311 - Triplicate prescription form program—Compliance by health care practitioners.

69.50.312 - Electronic communication of prescription information—Exceptions—Waiver—Penalty—Commission may adopt rules.

69.50.315 - Medical assistance—Drug-related overdose—Prosecution for possession.

69.50.317 - Opioid drugs—Communication with patient.

69.50.320 - Registration of department of fish and wildlife for use in chemical capture programs—Rules.

69.50.325 - Cannabis producer's license, cannabis processor's license, cannabis retailer's license.

69.50.326 - Cannabis producers, processors—Use of additives to enhance CBD concentration of authorized products—Rules.

69.50.327 - Cannabis processors—Incorporation of characterizing flavor in vapor products.

69.50.328 - Cannabis producers, processors—No direct or indirect financial interest in licensed cannabis retailers.

69.50.331 - Application for license.

69.50.334 - Denial of application—Opportunity for hearing.

69.50.335 - Cannabis retailer licenses—Social equity applicants—Rules—Definitions.

69.50.336 - Social equity in cannabis task force.

69.50.339 - Transfer of license to produce, process, or sell cannabis—Reporting of proposed sales of outstanding or issued stock of a corporation.

69.50.342 - State liquor and cannabis board—Rules.

69.50.345 - State liquor and cannabis board—Rules—Procedures and criteria.

69.50.346 - Labels on retail products.

69.50.348 - Representative samples of cannabis, useable cannabis, or cannabis-infused products.

69.50.351 - Board members and employees—Conflict of interest.

69.50.354 - Retail outlet licenses.

69.50.357 - Retail outlets—Rules.

69.50.360 - Cannabis retailers, employees of retail outlets—Certain acts not criminal or civil offenses.

69.50.363 - Cannabis processors, employees—Certain acts not criminal or civil offenses.

69.50.366 - Cannabis producers, employees—Certain acts not criminal or civil offenses.

69.50.369 - Cannabis producers, processors, researchers, retailers—Advertisements—Rules—Penalty.

69.50.372 - Cannabis research license.

69.50.375 - Cannabis retailers—Medical cannabis endorsement.

69.50.378 - Cannabis retailer holding medical cannabis endorsement—THC concentration in products.

69.50.380 - Cannabis producers, processors, retailers prohibited from making certain sales of cannabis, cannabis products.

69.50.382 - Common carriers—Transportation or delivery of cannabis, useable cannabis, cannabis concentrates, immature plants or clones, cannabis seeds, and cannabis-infused products—Employees prohibited from carrying or using firearm during such serv...

69.50.385 - Common carriers—Licensing—State liquor and cannabis board to adopt rules.

69.50.390 - Licensed retailers prohibited from operating vending machines, drive-through purchase facilities for the sale of cannabis products.

69.50.395 - Licensed cannabis businesses, agreements—Disclosure to state liquor and cannabis board.

69.50.401 - Prohibited acts: A—Penalties.

69.50.4011 - Counterfeit substances—Penalties.

69.50.4012 - Delivery of substance in lieu of controlled substance—Penalty.

69.50.4013 - Possession of controlled substance—Penalty—Possession of useable cannabis, cannabis concentrates, or cannabis-infused products—Delivery.

69.50.4014 - Possession of forty grams or less of cannabis—Penalty.

69.50.4015 - Involving a person under eighteen in unlawful controlled substance transaction—Penalty.

69.50.4016 - Provisions not applicable to offenses under RCW 69.50.410.

69.50.402 - Prohibited acts: B—Penalties.

69.50.403 - Prohibited acts: C—Penalties.

69.50.404 - Penalties under other laws.

69.50.405 - Bar to prosecution.

69.50.406 - Distribution to persons under age eighteen.

69.50.407 - Conspiracy.

69.50.408 - Second or subsequent offenses.

69.50.410 - Prohibited acts: D—Penalties.

69.50.412 - Prohibited acts: E—Penalties.

69.50.4121 - Drug paraphernalia—Selling or giving—Penalty.

69.50.413 - Health care practitioners—Suspension of license for violation of chapter.

69.50.414 - Sale or transfer of controlled substance to minor—Cause of action by parent—Damages.

69.50.415 - Controlled substances homicide—Penalty.

69.50.416 - Counterfeit substances prohibited—Penalties.

69.50.420 - Violations—Juvenile driving privileges.

69.50.430 - Additional fine for certain felony violations.

69.50.435 - Violations committed in or on certain public places or facilities—Additional penalty—Defenses—Construction—Definitions.

69.50.438 - Cathinone or methcathinone—Additional fine.

69.50.440 - Possession with intent to manufacture—Penalty.

69.50.445 - Opening package of or consuming cannabis, useable cannabis, cannabis-infused products, or cannabis concentrates in view of general public or public place—Penalty.

69.50.450 - Butane or other explosive gases.

69.50.455 - Synthetic cannabinoids—Unfair or deceptive practice under RCW 19.86.020.

69.50.460 - Cathinone or methcathinone—Unfair or deceptive practice under RCW 19.86.020.

69.50.465 - Conducting or maintaining cannabis club—Penalty.

69.50.470 - Medication disposal, no penalty for compliance.

69.50.475 - Cannabis retail outlets—Sale to persons under the age of twenty-one—Penalty.

69.50.500 - Powers of enforcement personnel.

69.50.501 - Administrative inspections.

69.50.502 - Warrants for administrative inspections.

69.50.503 - Injunctions.

69.50.504 - Cooperative arrangements.

69.50.505 - Seizure and forfeiture.

69.50.506 - Burden of proof; liabilities.

69.50.507 - Judicial review.

69.50.508 - Education and research.

69.50.509 - Search and seizure of controlled substances.

69.50.510 - Search and seizure at rental premises—Notification of landlord.

69.50.511 - Cleanup of hazardous substances at illegal drug manufacturing facility—Rules.

69.50.515 - Pharmacies—Cannabis—Notification and disposal.

69.50.525 - Diversion prevention and control—Report.

69.50.530 - Dedicated cannabis account (as amended by 2022 c 16).

69.50.535 - Cannabis excise tax—State liquor and cannabis board to review tax level—Reports—State and federal antitrust laws.

69.50.540 - Dedicated cannabis account—Appropriations (as amended by 2022 c 16).

69.50.550 - Cost-benefit evaluations.

69.50.555 - Taxes, fees, assessments, charges—Commercial activities covered by cannabis agreement between state and tribe.

69.50.560 - Controlled purchase programs—Persons under age twenty-one—Violation—Criminal penalty—Exceptions.

69.50.561 - Advice and consultation services—Licensed cannabis businesses.

69.50.562 - Licensed cannabis businesses—Written warnings—Waiver of sanctions with no relationship to public safety—Compliance program—Penalties—Rules.

69.50.563 - Licensed cannabis businesses—Civil penalty—Rules.

69.50.564 - Licensed cannabis businesses—Settlement agreement.

69.50.565 - Unpaid trust fund taxes—Limited liability business entities—Liability of responsible individuals—Administrative hearing.

69.50.570 - Bundled transactions—Retail sales—Subject to tax—Exception.

69.50.575 - Cannabis health and beauty aids.

69.50.580 - Applicants for cannabis producer's, processor's, researcher's, or retailer's licenses—Signage—Public notice requirements.

69.50.585 - Branded promotional items—Nominal value—Personal services.

69.50.587 - Cannabis science task force reports—Board rules.

69.50.601 - Pending proceedings.

69.50.602 - Continuation of rules.

69.50.603 - Uniformity of interpretation.

69.50.604 - Short title.

69.50.608 - State preemption.

69.50.700 - Expedited rule making.

69.50.710 - Federal law—"Marijuana" to refer to "cannabis."