Revised Code of Washington
Chapter 69.50 - Uniform Controlled Substances Act.
69.50.402 - Prohibited acts: B—Penalties.

RCW 69.50.402
Prohibited acts: B—Penalties.

(1) It is unlawful for any person:
(a) Who is subject to Article III to distribute or dispense a controlled substance in violation of RCW 69.50.308;
(b) Who is a registrant, to manufacture a controlled substance not authorized by his or her registration, or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person;
(c) Who is a practitioner, to prescribe, order, dispense, administer, supply, or give to any person:
(i) Any amphetamine, including its salts, optical isomers, and salts of optical isomers classified as a schedule II controlled substance by the commission pursuant to chapter 34.05 RCW; or
(ii) Any nonnarcotic stimulant classified as a schedule II controlled substance and designated as a nonnarcotic stimulant by the commission pursuant to chapter 34.05 RCW;
except for the treatment of narcolepsy, or for the treatment of hyperkinesis, or for the treatment of drug-induced brain dysfunction, or for the treatment of epilepsy, or for the differential diagnostic psychiatric evaluation of depression, or for the treatment of depression shown to be refractory to other therapeutic modalities, or for the treatment of multiple sclerosis, or for the treatment of any other disease states or conditions for which the United States food and drug administration has approved an indication, or for the clinical investigation of the effects of such drugs or compounds, in which case an investigative protocol therefor shall have been submitted to and reviewed and approved by the commission before the investigation has been begun: PROVIDED, That the commission, in consultation with the Washington medical commission and the osteopathic disciplinary board, may establish by rule, pursuant to chapter 34.05 RCW, disease states or conditions in addition to those listed in this subsection for the treatment of which Schedule II nonnarcotic stimulants may be prescribed, ordered, dispensed, administered, supplied, or given to patients by practitioners: AND PROVIDED, FURTHER, That investigations by the commission of abuse of prescriptive authority by physicians, licensed pursuant to chapter 18.71 RCW, pursuant to subsection (1)(c) of this section shall be done in consultation with the Washington medical commission;
(d) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice, or information required under this chapter;
(e) To refuse an entry into any premises for any inspection authorized by this chapter; or
(f) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping or selling them in violation of this chapter.
(2) Any person who violates this section is guilty of a class C felony and upon conviction may be imprisoned for not more than two years, fined not more than two thousand dollars, or both.

[ 2019 c 55 § 12; 2016 c 150 § 1; 2013 c 19 § 107; 2010 c 177 § 7; 2003 c 53 § 338; 1994 sp.s. c 9 § 740; 1980 c 138 § 6; 1979 ex.s. c 119 § 1; 1971 ex.s. c 308 § 69.50.402.]
NOTES:

Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.


Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

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."