RCW 69.50.410
Prohibited acts: D—Penalties.
(1) Except as authorized by this chapter it is a class C felony for any person to sell for profit any controlled substance or counterfeit substance classified in Schedule I, RCW 69.50.204, except leaves and flowering tops of cannabis.
For the purposes of this section only, the following words and phrases shall have the following meanings:
(a) "To sell" means the passing of title and possession of a controlled substance from the seller to the buyer for a price whether or not the price is paid immediately or at a future date.
(b) "For profit" means the obtaining of anything of value in exchange for a controlled substance.
(c) "Price" means anything of value.
(2)(a) Any person convicted of a violation of subsection (1) of this section shall receive a sentence of not more than five years in a correctional facility of the department of social and health services for the first offense.
(b) Any person convicted on a second or subsequent cause, the sale having transpired after prosecution and conviction on the first cause, of subsection (1) of this section shall receive a mandatory sentence of five years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for the second or subsequent violation of subsection (1) of this section.
(3)(a) Any person convicted of a violation of subsection (1) of this section by selling heroin shall receive a mandatory sentence of two years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for such violation.
(b) Any person convicted on a second or subsequent sale of heroin, the sale having transpired after prosecution and conviction on the first cause of the sale of heroin shall receive a mandatory sentence of ten years in a correctional facility of the department of social and health services and no judge of any court shall suspend or defer the sentence imposed for this second or subsequent violation: PROVIDED, That the indeterminate sentence review board under RCW 9.95.040 shall not reduce the minimum term imposed for a violation under this subsection.
(4) Whether or not a mandatory minimum term has expired, an offender serving a sentence under this section may be granted an extraordinary medical placement when authorized under RCW 9.94A.728(1)(c).
(5) In addition to the sentences provided in subsection (2) of this section, any person convicted of a violation of subsection (1) of this section shall be fined in an amount calculated to at least eliminate any and all proceeds or profits directly or indirectly gained by such person as a result of sales of controlled substances in violation of the laws of this or other states, or the United States, up to the amount of five hundred thousand dollars on each count.
(6) Any person, addicted to the use of controlled substances, who voluntarily applies to the department of social and health services for the purpose of participating in a rehabilitation program approved by the department for addicts of controlled substances shall be immune from prosecution for subsection (1) offenses unless a filing of an information or indictment against such person for a violation of subsection (1) of this section is made prior to his or her voluntary participation in the program of the department of social and health services. All applications for immunity under this section shall be sent to the department of social and health services in Olympia. It shall be the duty of the department to stamp each application received pursuant to this section with the date and time of receipt.
(7) This section shall not apply to offenses defined and punishable under the provisions of RCW 69.50.401 through 69.50.4015.
[ 2022 c 16 § 90; 2003 c 53 § 342; 1999 c 324 § 6; 1975-'76 2nd ex.s. c 103 § 1; 1973 2nd ex.s. c 2 § 2.]
NOTES:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Structure Revised Code of Washington
Title 69 - Food, Drugs, Cosmetics, and Poisons
Chapter 69.50 - Uniform Controlled Substances Act.
69.50.102 - Drug paraphernalia—Definitions.
69.50.201 - Enforcement of chapter—Authority to change schedules of controlled substances.
69.50.205 - Schedule II tests.
69.50.207 - Schedule III tests.
69.50.209 - Schedule IV tests.
69.50.213 - Republishing of schedules.
69.50.214 - Controlled substance analog.
69.50.302 - Registration requirements.
69.50.305 - Procedure for denial, suspension, or revocation of registration.
69.50.306 - Records of registrants.
69.50.311 - Triplicate prescription form program—Compliance by health care practitioners.
69.50.315 - Medical assistance—Drug-related overdose—Prosecution for possession.
69.50.317 - Opioid drugs—Communication with patient.
69.50.325 - Cannabis producer's license, cannabis processor's license, cannabis retailer's license.
69.50.327 - Cannabis processors—Incorporation of characterizing flavor in vapor products.
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.
69.50.342 - 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.
69.50.363 - 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.
69.50.385 - Common carriers—Licensing—State liquor and cannabis board to adopt rules.
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.
69.50.4014 - 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.
69.50.408 - 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.
69.50.438 - Cathinone or methcathinone—Additional fine.
69.50.440 - Possession with intent to manufacture—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.
69.50.504 - Cooperative arrangements.
69.50.505 - Seizure and forfeiture.
69.50.506 - Burden of proof; liabilities.
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).
69.50.540 - Dedicated cannabis account—Appropriations (as amended by 2022 c 16).
69.50.550 - Cost-benefit evaluations.
69.50.561 - Advice and consultation services—Licensed cannabis businesses.
69.50.563 - Licensed cannabis businesses—Civil penalty—Rules.
69.50.564 - Licensed cannabis businesses—Settlement agreement.
69.50.570 - Bundled transactions—Retail sales—Subject to tax—Exception.
69.50.575 - Cannabis health and beauty aids.
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.