Articles Tagged: Industrial Hemp

Maine finally legalizes hemp!

June 28th, 2015 | By Pirate

Maine finally legalizes hemp when the legislature overrides governor’s veto.

Since the second World War, Hemp has not been grown legally on American soil for commercial purposes.   With a change in Maine law via LD4 in the legislature, Maine has finally legalized the COMMERCIAL production/farming of industrial hemp.

It was a bitter battle getting to this point.  Where a bipartisan group of representatives and senators passed this bill and sent it to governor LePage to sign.  Governor Paul LePage vetoed the bill, and issued this statement defending his action;

Governor LePage said in a May 8 statement defending his decision to veto the bill, “I simply cannot support inadvertently putting Maine’s hard working farmers at risk of violating federal criminal laws, which is the practical effect of this bill.

But the legislature quickly overrode the veto with a 2/3s majority.   On May 12, the House voted 135-6 to override LaPage’s veto, and one June 16th, the Senate voted 27-6 to over ride the non-sense veto by the governor.

The bill reads;

2. Growing permitted. Notwithstanding any other provision of law, a person may plant, grow, harvest, possess, process, sell and buy industrial hemp if that person holds a license issued pursuant to subsection 4. A person licensed pursuant to subsection 4 may plant, grow and harvest only hemp that is grown from seeds acquired from a certified G1 seed source. A person licensed pursuant to subsection 4 may acquire hemp seeds directly from a certified seed source or from a hemp seed distributor licensed in this State distributing hemp seeds pursuant to subsection 2-A.

https://legiscan.com/ME/text/LD4/2015
An amendment to the bill included an “emergency clause,” which bypasses the normal 90-day waiting period for a law to take effect. The bill notes that “farmers need adequate time to prepare for their upcoming growing seasons,” and supporters wanted to make sure the process moved forward immediately.

While there are some rules that will need to be created by the Department of Agriculture, the sponsors of LD4 expressly included in the measure that all will be “routine technical” rather than “major substantive” rules, and required the commissioner to issue them.

A “major substantive” clause would require approval by the legislature, which would have delayed hemp farming for at least another year. The emergency clause ensures that supporters will have as much time as possible on their side!

This is why my wife and I once again left Idaho to come back to Maine.  We are now preparing our land for hemp crops.  We hired a forester and we are going to start clearing the land for this pursuit ASAP.  We have been sourcing seeds and equipment and we have some great leads.   Section 2 of the legislation makes sourcing seeds much easier than previous bills that have passed on this matter;  “A person licensed pursuant to subsection 4 may acquire hemp seeds directly from a certified seed source or from a hemp seed distributor licensed in this State distributing hemp seeds pursuant to subsection 2-A.”

The Thompson family will soon be farmers of Industrial Hemp!

Maine =  “The Way Life Should Be”

More information:  http://truthinmedia.com/maine-legislature-nullifies-federal-hemp-farming-ban/

This is our hemp biofuel company;  www.hempmotorcompany.com

Viability of an eco-fiendly fuel like hemp diesel – Maine Legalizes Industrial Hemp farming

May 31st, 2015 | By Pirate

With all of the many thousands of oil spoils, and now the fracking that is causing so many health problems.

My solution to this is;  www.hempmotorcompany.com    A company that my wife and I are starting, to utilize industrial hemp seed oil for fuel in diesel engines, to replace petroleum.  Hemp diesel otherwise known as biodiesel is making a come back now that Maine has gotten smart on hemp policy!

Using a vegetable based fuel is renewable, and non-toxic.

A recent example of how petroleum oil spills dessimate the earth, see how this BP oil spill in Lousianna killed off over 800,000 birds in the first year, and erroded the island that these migratory birds breed.

http://goodnature.nathab.com/video-bps-oil-spill-lost-islands-and-relocated-birds/

If you were to spill a tank full of hemp, it would turn in to nitrogen and effectively help the flora grow.

It is truly a reasonable estimation that industrial hemp has the potential to be a MUCH bigger market than the medical marijuana market.   Medical marijuana, recreational marijuana, are small fries compared to the industrial hemp industry that we are soon to have.

—  Here is Maine, legislation titled LD 4.  The governor vetoed it, but 2/3rds of the house over-rode his veto;

 

5/12/2015 –  This Bill, having been returned by the Governor, together with objections to the same pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
ROLL CALL NO. 63V
135 having voted in the affirmative and 6 in the negative, with 10 being absent, and accordingly it was the vote of the House that the Bill become a law notwithstanding the objections of the Governor, since two-thirds of the members of the House so voted.
Sent for concurrence. ORDERED SENT FORTHWITH.

 

Reference;   http://www.mainelegislature.org/legis/bills/bills_127th/billtexts/HP000701.asp

 

I suppose this is just another political suicide on the part of LePage.

 

ME Gov. Paul LePage vetoed the hemp bill, but the veto was just overridden by the legislature! WAY TO GO MAINE! http://bit.ly/1QK1IyW

So I go in to a headshop today, and freak one of the locals out

May 4th, 2015 | By Pirate

So just for the record.  I ALWAYS talk about Hemp.  I have many motives, many reasons, just like about everyone in the world with a head on their shoulder.

But let me explain something to you.  I would NEVER go in to anyone’s place of business, and talk about anything illegal.

So I go in to a “headshop” that sells HEMP today and I mention “hemp eliquid” because the Hookah pens that they sell look an awful lot like the “ehookahzz hemp pens“, I asked him “are those the e-hookahzz hemp pens”?   A   But I guess the thing that he wasn’t getting, is that LD 4 is in the Maine legislator  right now, (also see this update:  http://legislature.maine.gov/legis/bills/bills_127th/billtexts/HP000702.asp) to legalize hemp on a state level WITHOUT federal approval/aka legalization on a federal level, and the sources I speak to are speculating that the governor will sign this as well.  It’s still working it’s way through committees as we speak, but its moving and it appears to be something most are in favor of in these committees.   But for sure do your own research!

I was explaining that the new hemp law is why we moved here.   I mean we have lived in 4 medical marijuana states, plus Colorado and Washington.   Our first born was born in Colorado.
So if we were worried about medical marijuana, we would just go to a different state all together.  We are here because hemp seems like a likely crop to be happening here in the near future, and we want to invest in hemp.   I think out of all formats of the cannabis sativa plant, that HEMP is the most valuable, and most productive crop.

Although I have very well already receive a medical marijuana recommend in the state of Maine from my therapist Christine Carr.  I have the recommend available to be reviewed by anyone I choose.  I also have a medical recommend in 3 other states by M.D.’s, and I have since 2009.

But that is completely besides the point.  I just think it’s trippy how people react to the word “hemp” at all.   I mean do these people not distinguish the difference between hemp and sensimilla ?  There is a large difference, even though they are the same species of plant.

Hemp (from Old English hænep) is a commonly used term for high-growing varieties of the Cannabis plant and its products, which include fiber, oil, and seed. Hemp is refined into products such as hemp seed foods, hemp oil, wax, resin, rope, cloth, pulp, paper, and fuel.

Other variants of the herb Cannabis are widely used as a drug, commonly known as marijuana. These variants are typically low-growing and have higher content of tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoids. The legality of Cannabis varies widely from country to country, and from state to state in the United States. In many countries regulatory limits for concentrations of psychoactive drug compounds, particularly THC, in hemp require the use of strains of the plant which are bred for low content.[1]  (wikipedia 05/2015 hemp)

sinsemilla

(?s?ns??mi?lj?)

n

1. (Recreational Drugs) a type of marijuana with a very high narcotic content
2. (Plants) the plant from which it is obtained
[C20: from American Spanish, literally: without seed]
Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003

I tend to cross reference many sources for a definition, I suggest that you do the same.

 

Here is what I was talking about, and what I was trying to give him advice on, from one shop owner to another shop.  Is, check out this HEMP based eliquid that is legal in all 50 states.  An eliquid that I sold at my shop in Pocatello Idaho, where there are no favorable laws for cannabis, with the exception of allowing folks to import and sell HEMP that has “naturally occurring amounts of THC” (less than 1% is the DEA standard for “naturally occurring amounts).

Ref:  https://www.hookahzz.com/faqs/

Here is from their Page:  “There is no need for a Prescription or Medical card to purchase CBD. It is a natural constituent of the Industrial Hemp plant containing very low levels of THC. Having only trace amounts of THC, our CBD oil is non-psychoactive and legal in all 50 states. In fact, the FDA considers hemp oil to be a nutritional supplement.”

This is an ad that I had placed in my own print news paper “The Clovis Star

Emerald See Hemp Eiquid

Emerald See Hemp Eiquid

 

 

 

 

 

 

 

 

Our youtube video about this Cold Pressed Hemp Product/Eliquid here;  https://www.youtube.com/watch?v=YOYUTzIn9nA

Anyway,  you can see the newspaper from where that ad was placed here:  https://docs.google.com/file/d/0BwNWsCJzdhQXZTJtVDk5eXNnRFU/edit  or @ http://clovisstar.com/the-clovis-star-2015-winter-spring-edition/

In the fall of 2014, our Clovis Star Newspaper put out more information on the DOJ’s decision on this industrial hemp’s qualifying factors, which basically came down to “what is naturally occurring amounts of THC”.     See that edition here;  http://clovisstar.com/wp-content/uploads/2015/03/clovispocatello2.pdf

And for anyone interested, this was our debut Maine edition of the Clovis Star for Fall/Winter 2013;  http://clovisstar.com/wp-content/uploads/2015/03/clovisstared1b.pdf

Recently I had a tenant accuse me of being a “pot head” after he and I got in a dispute about him smoking in our apartment that we rented to him.  He signed a lease saying that he would not smoke in the apartment, otherwise if he did, he agreed to an “immediate eviction”.   When he complained about “a weird smell”  I reminded him of a conversation that I over heard, where he was smoking on his front porch (which was not allowed on the lease) and he was talking to his neighbor about burning weed, and he had a horrible mix of inscents that other tenants had complained about to the police, something that smelled like a mix of potchoulli and playdoh.

And I get this a lot, since my car has a big ass hemp leaf on it.  And my store sold hemp eliquid.  I guess it doesn’t help my defense when I have also been a signature coordinator for legalization/decriminalization of cannabis campaigns/initiatives.

I guess what logic doesn’t make sense there, is that anyone who wants to regulate cannabis, and put it in a “legal” environment, is that they want to take money out of the cartels and gangs and put it in the community instead.  I am someone who has worked hard and invested diligently for 20 years to get cannabis into a functional industry for general society (rather than just the black market, and grey market, etc).  So no, I am not going around ruthlessly trying to break laws.  That is not my gig at all.  I haven’t had a problem with the law since 1997, other than a little domestic thing with my father in law this year.  But for 99% of the last 20 years, I have been clean as a whistle.   What is on my record from 20 years ago, is misdemeanor simple possession of marijuana and nothing else.

I brought a legal format of cannabis to several very “red” (prohibition rich) states, and let the general population (who does not frequent the black market) experience a legal benign format of cannabis aka “industrial hemp” oil.   It went over very well in Idaho where there are no MMJ laws, no hemp laws, no rec laws, etc.  Idaho is as prohibition rich as it gets, and a good portion of the city budget for Pocatello comes from fines and forfeiture (research for yourself, I can’t not recall where I read that) .  So selling cannabis there, even in the format that it was being prepare, it was still a very Taboo subject.   But we did it anyway.

In Maine, at least they have medical marijuana, and they pass an industrial hemp law last year, which is being revised and is in committee now and should be passed which this time it will actually allow access to farmers who want to grow hemp (I am one of them).

 

Not All Marijuana Is Illegal

Not All Marijuana Is Illegal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When people have told me that I have offended them for not being more assertive, or not doing enough.
I don’t mean to demand too much.  I think that our freedom is worth fighting for, and I don’t believe that armchair activism is very effective.

I want to apologize for anyone’s feelings that I may have hurt in my recovery since the car accident.  Dealing with stress right now is difficult, and I have been officially diagnosed with PTSD.

I am getting readjusted.  I will also write up something nice about this business in our print newspaper.  After all, they are one of very few in the area, and their selection is fantastic.
I also understand about being paranoid, but also at some point you have to stand up and fight regardless of any fear or hesitation.  Hemp should not be illegal to grow, it is just stupid that it is.
Most modern nations do grow industrial hemp, including our neighbor Canada and many of our allies including the UK and Australia.
(I know, Im talking in terms of imaginary borders, anyway..  You get my point hopefully)

peace, love and prosperity!

 

P.S.  We supply several vaporizer shops all throughout the country with both Hemp Eliquid and Kratom Eliquid.   Write us for more information; : http://xcannabis.com/contact/  (18+ only)

PS.  If at any point links on this page become broken, you also may try using the Internet Archive  www.archive.org, for example, this page will be saved at:

https://web.archive.org/web/20150504051522/http://xcannabis.com/2015/05/so-i-go-in-to-a-headshop-today-and-freak-one-of-the-locals-out/

So even if this website is down, and can not be reached.  This post will remain at Archive.org by doing just a simple search.

I encourage everyone to donate to archive.org!

Sensi Life Radio – Sensible Washington and Sensible South Dakota

July 21st, 2011 | By Pirate

Today on Sensi Life Radio we will be speaking about the Sensible movements in both Washington and South Dakota.

Interviewing Darbe Hagemen and Heath Juhnke. Darby is a volunteer with Sensible Washington and we are learning about their 2012 petition drive. Heath Junke from Sensible South Dakota is talking about his efforts to legalize.

This is a link to donate to Sensible Washington, my family is pledging $42 per month.

This month was Cydney Moore and Alyssa Valdez’s birthdays, so we donated $22 each for them. $44
Please everyone show some love for these awesome volunteers on their birthday celebrations and donate to the cause that they believe in!

https://sensiblewashington.org/blog/donate/

In order to raise enough before the petition drive starts in January Darby and the rest of the dedicated volunteers at Sensible Washington would like to encourage you to do the same.

Listen to internet radio with xcannabis on Blog Talk Radio

http://www.blogtalkradio.com/sensilife/2011/07/21/sensi-life-radio-thursday-3pm–sensible-washington

Sensible Washington getting started early, how very SENSIBLE!!

July 18th, 2011 | By Pirate

Ok people if you believe in legalization, if you know the difference between “decriminalization” and “legalization”, if you are a patient in Washington that just had a bunch of your rights crapped on in Washington, most importantly if you want to see liberty in growing industrial hemp in Washington which will get part of this country off foreign oil, and will help preserve our environment, then listen up.  Sensible Washington is starting their funding drive for 2012.
You can donate at the Sensible Washington website as always:   http://sensiblewashington.org/blog/donate

I am not a part of Sensible Washington, just a fan.  But I believe between the given choices that already exist, Sensible Washington is the most SENSIBLE option in Washington.

This a little video that a made about it:

I wrote this blog post a few months ago:

http://xcannabis.com/2011/04/what-if-i-1149-fails-this-year/

Also learn more about running a successful citizens initiative via:

Citizens in Charge Foundation
2050 Old Bridge Road Suite 103
Lake Ridge, VA 22192
Phone: (703) 492-1776
Fax: (703) 910-7728
Email: info@citizensincharge.org
www.citizensincharge.org

Go Washington!

Lawyer retirement and protection program – SB 5073

June 13th, 2011 | By Pirate

Lawyer retirement and protection program – SB 5073 is the statements from activists and defense lawyers in Washington.

RE:  http://blogs.seattleweekly.com/dailyweekly/2011/06/lawyers_on_washington_medical-.php

“?Douglas Hiatt says attorneys like him have a nickname for SB 5073, the gutted shell of a medical-marijuana reform bill that was passed in April then mostly vetoed by the governor. He says they call it the “lawyer retirement and protection program.””

I have broadcast on this several times, and I offered much resistance to the limitations that this bill put on freedom.
Aside from Doug Hiatt I received a lot of resistance from WA NORML, and Russ Belville gave a lot of unfounded support for SB 5073.   I was asking the whole time for just a little resistance to let the politicians know that their constituents were paying attention, but no resistance would be given while this bill was being heard.

This is my first critical broadcast of this bill in regards for NORML’s support:

This is my second broadcast on this in regards to the support given by WA NORML, National NORML, and Alison Holcomb of the ACLU.

I have supported NORML, and I love that there is a large group such as NORML fighting for patients rights, consumers rights, and mostly industrial hemp.   But giving 100% support for an AWFUL bill such as SB 5073 does not help anything in regards to cannabis rights, or personal freedoms.

I am disappointed by the fact that many groups failed to support I-1149 in Washington who claimed to be fighting for cannabis freedom.   Those who say they are in favor of “safe access” gave no money, no advertising on their media or websites, and no public support for I-1149.  I can count at least 5 different cannabis groups in Washington who FAILED at protecting consumers by not lending I-1149 any support.  Do a little research and you’ll figure out who they are.
There is no safer access than removing criminal penalties from cannabis!

I hope a more organized group arises and makes significant progress if this fails.  As I understand it, Sensible Washington only raised less than $30,000.   Where are the dispensaries who didn’t support I-1149 who will soon be completely out of business?   Where are the lawyers who say that they are in favor of protecting their clients, and ending prohibition?   Where are those making money off the cannabis industry?

Maybe the black market is a little too profitable.  Well keep your head low while more people are going to jail for this safe and god given plant!

Hemp for Victory 2011 – Hemp Can Restore Our Economy and Our Independence

June 7th, 2011 | By Pirate

There is a lot at stake in our country due to continued prohibition that is not only expensive but un-necessary.
We have farmers out of work because of the strength of the world market, many countries of which have the right to grow hemp.
The USA consistently buys over 11 million barrels of oil a day from foreign sources (462 million gallons of gas).
The staggering cost of this fuel is beyon 1.25 BILLION dollars each day, or 457 BILLION dollars per year.
There is no doubt that we already spend more on prohibition than we do on most other social services in this country.
According to Professor Jeffery Miron of Harvard we will save 70 Billion dollars just from not having to enforce prohibition on consumer cannabis.
But this doesn’t even begin to touch the economical and environmental benefits of industrial hemp production.
The net gain over all hemp products, including hemp fuel, hemp food, hemp clothing, hemp cosmetics, etc is astounding and nearly unmeasurable as it has near limitless potental.
In 1938 Popular mechanics magazine reported hemp to be the “Billion dollar crop”, and that was before we started importing fuel.
After you consider inflation, and our increased need for localized fuel production, that figure of one billion is increase exponentially.

Thank you for taking the time to review this video and the contents in the links below.
Prohibition violates our rights of “Life, Liberty and the Pursuit of Happiness”.
Lets re-declare our rights!

http://hempindustries.com

http://xcannabis.com

http://www.industrialhemp.net/

http://www.jackherer.com/thebook/chapter-three/

http://www.mcwilliams.com/books/aint/504.htm

Hemp Products 1
http://www.youtube.com/watch?v=E_ldevrLFTs

Hemp Products 2
http://www.youtube.com/watch?v=-kZTLHEPrMc

Hemp Farming
http://www.youtube.com/watch?v=wspw-SdyGDE

Ford Hemp Car
http://www.youtube.com/watch?v=4rgDyEO_8cI

How are medical laws protecting patients?

May 28th, 2011 | By Pirate

Here are the facts.  Prop215 has been a good step forward, but stagnating  activism to proceed in regaining our rights have not helped, and in fact keeping cannabis “medical only” has only hurt people.

The facts are in the numbers.

“In 2009, there were 17,008 felony and 61,164 misdemeanor marijuana arrests in California, for a total of 78,172.
In 2008, there were 17,126 marijuana felonies and 61,388 misdemeanors, for a total of 78,514. This was the highest number of marijuana arrests since pot was decriminalized in California in 1976, according to Dale Gieringer of California NORML.”

I think that the fight to secure medical cannabis has been a good fight, and there have been many major victories won in this fight.

But cannabis prohibition violates many of our constitutional civil rights.   It should not be treated as anything more scarey or anything more regulated than aspirin.
Aspirin kills over 7500 people a year in the USA.   Cannabis does not kill ANYONE!

As far as medical dispensaries being protected, or medical patients being protected.
Just do a google search for  “Dispensaries shut down in California“.    http://slu2.com/6e2

This is not even a question of which is better in the issue of medical vs. social cannabis.
If we legalize cannabis further in can only be better for medical patients as it opens up the FREE MARKET, giving patients more options and better prices.

But further than that.  It helps protect people and legitimize the value that cannabis has in society, including and most importantly industrial hemp.

Cannabis is NOT medical only.   Cannabis is a God given plant with many values and uses.

Cannabis use has many uses

www.HempStrategies.com

Sensible Washington’s new initiative

March 6th, 2011 | By Pirate

Please read the text of I-1149

www.sos.wa.gov/elections/initiatives/text/i1149.pdf

Sign up at  http://sensiblewashington.org/hq and volunteer!
Lets make history!!!

1 AN ACT Relating to the removal of civil and criminal penalties
2 associated with adult marijuana use; amending RCW 9.94A.518, 69.50.101,
3 69.50.4014, 69.50.412, and 69.50.4121; reenacting and amending RCW
4 69.50.505; adding new sections to chapter 69.50 RCW; creating new
5 sections; and prescribing penalties.
6 BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
7 NEW SECTION. Sec. 1. (1) The people of the state of Washington
8 are concerned about the millions of dollars spent each year to arrest,
9 prosecute, and incarcerate people for marijuana offenses. It is widely
10 accepted that marijuana is a benign therapeutic substance that, unlike
11 other legal substances such as tobacco and alcohol, has never caused a
12 single death.
13 (2) In 1998, the people recognized the medicinal benefits of
14 marijuana by approving and enacting Initiative Measure No. 692,
15 codified in chapter 69.51A RCW, which authorized the medical use of
16 marijuana by qualified patients. Since chapter 69.51A RCW only
17 provides an affirmative defense, it has proven ineffective at
18 protecting qualified patients from arrest and prosecution.
Code Rev/AI:seg 1 I-2404.1/11
Initiative Measure No. 1149 Filed: March 4, 2011
1 (3) Several bills have been introduced in the legislature seeking
2 decriminalization of marijuana, but none have been permitted to reach
3 the floor of the legislature for a vote.
4 (4) Under current law:
5 (a) Washington citizens face the prospect of arrest, prosecution,
6 and incarceration, as well as the loss of employment and important
7 parental and property rights, for marijuana offenses; and
8 (b) Washington farmers and landowners are prohibited from growing
9 industrial hemp on their land, depriving them of the ability to grow a
10 valuable, environmentally friendly crop.
11 (5) The people intend to remove all existing civil and criminal
12 penalties for adults eighteen years of age or older who cultivate,
13 possess, transport, sell, or use marijuana, without impacting existing
14 laws proscribing dangerous activities while under the influence of
15 marijuana or certain conduct that exposes younger persons to marijuana.
16 Sec. 2. RCW 9.94A.518 and 2003 c 53 s 57 are each amended to read
17 as follows:
18
19 TABLE 4
20
21
22
DRUG OFFENSES
INCLUDED WITHIN EACH
SERIOUSNESS LEVEL
23
24
25
26
III Any felony offense under chapter 69.50
RCW with a deadly weapon
special verdict under RCW
((9.94A.602)) 9.94A.825
27
28
Controlled Substance Homicide (RCW
69.50.415)
29
30
31
32
Delivery of imitation controlled
substance by person eighteen or
over to person under eighteen
(RCW 69.52.030(2))
33
34
Involving a minor in drug dealing
(RCW 69.50.4015)
Code Rev/AI:seg 2 I-2404.1/11
1
2
Manufacture of methamphetamine
(RCW 69.50.401(2)(b))
3
4
5
6
7
Over 18 and deliver heroin,
methamphetamine, a narcotic from
Schedule I or II, or flunitrazepam
from Schedule IV to someone
under 18 (RCW 69.50.406)
8
9
10
11
12
13
14
Over 18 and deliver narcotic from
Schedule III, IV, or V or a
nonnarcotic, except flunitrazepam
or methamphetamine, from
Schedule I-V to someone under 18
and 3 years junior (RCW
69.50.406)
15
16
17
18
19
20
Possession of Ephedrine,
Pseudoephedrine, or Anhydrous
Ammonia with intent to
manufacture
methamphetamine (RCW
69.50.440)
21
22
23
Selling for profit (controlled or
counterfeit) any controlled
substance (RCW 69.50.410)
24
25
26
II Create, deliver, or possess a counterfeit
controlled substance (RCW
69.50.4011)
27
28
29
Deliver or possess with intent to deliver
methamphetamine (RCW
69.50.401(2)(b))
30
31
32
Delivery of a material in lieu of a
controlled substance (RCW
69.50.4012)
33
34
35
Maintaining a Dwelling or Place for
Controlled Substances (RCW
69.50.402(1)(f))
Code Rev/AI:seg 3 I-2404.1/11
1
2
3
Manufacture, deliver, or possess with
intent to deliver amphetamine
(RCW 69.50.401(2)(b))
4
5
6
7
8
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule I or II or flunitrazepam
from Schedule IV (RCW
69.50.401(2)(a))
9
10
11
12
13
14
15
16
Manufacture, deliver, or possess with
intent to deliver narcotics from
Schedule III, IV, or V or
nonnarcotics from Schedule I-V
(except marijuana, amphetamine,
methamphetamines, or
flunitrazepam) (RCW
69.50.401(2) (c) through (e))
17
18
19
20
Manufacture, distribute, or possess with
intent to distribute an imitation
controlled substance (RCW
69.52.030(1))
21 I Forged Prescription (RCW 69.41.020)
22
23
Forged Prescription for a Controlled
Substance (RCW 69.50.403)
24
25
26
((Manufacture, deliver, or possess with
intent to deliver marijuana (RCW
69.50.401(2)(c))))
27
28
29
30
Possess Controlled Substance that is a
Narcotic from Schedule III, IV, or
V or Nonnarcotic from Schedule IV
(RCW 69.50.4013)
31
32
33
34
Possession of Controlled Substance
that is either heroin or narcotics
from Schedule I or II (RCW
69.50.4013)
35
36
Unlawful Use of Building for Drug
Purposes (RCW 69.53.010)
Code Rev/AI:seg 4 I-2404.1/11
1 NEW SECTION. Sec. 3. A new section is added to chapter 69.50 RCW
2 to read as follows:
3 Nothing in this act shall be construed to affect the provisions or
4 penalties set forth in the juvenile justice act, chapter 13.40 RCW, or
5 the crimes enumerated in Title 46 RCW, or to legalize or authorize the
6 possession, use, or manufacture of marijuana by persons under the age
7 of eighteen.
8 Sec. 4. RCW 69.50.101 and 2010 c 177 s 1 are each amended to read
9 as follows:
10 Unless the context clearly requires otherwise, definitions of terms
11 shall be as indicated where used in this chapter:
12 (a) “Administer” means to apply a controlled substance, whether by
13 injection, inhalation, ingestion, or any other means, directly to the
14 body of a patient or research subject by:
15 (1) a practitioner authorized to prescribe (or, by the
16 practitioner’s authorized agent); or
17 (2) the patient or research subject at the direction and in the
18 presence of the practitioner.
19 (b) “Agent” means an authorized person who acts on behalf of or at
20 the direction of a manufacturer, distributor, or dispenser. It does
21 not include a common or contract carrier, public warehouseperson, or
22 employee of the carrier or warehouseperson.
23 (c) “Board” means the state board of pharmacy.
24 (d) “Controlled substance” means a drug, substance, or immediate
25 precursor included in Schedules I through V as set forth in federal or
26 state laws, or federal or board rules. “Controlled substance” does not
27 include marijuana.
28 (e)(1) “Controlled substance analog” means a substance the chemical
29 structure of which is substantially similar to the chemical structure
30 of a controlled substance in Schedule I or II and:
31 (i) that has a stimulant, depressant, or hallucinogenic effect on
32 the central nervous system substantially similar to the stimulant,
33 depressant, or hallucinogenic effect on the central nervous system of
34 a controlled substance included in Schedule I or II; or
35 (ii) with respect to a particular individual, that the individual
36 represents or intends to have a stimulant, depressant, or
37 hallucinogenic effect on the central nervous system substantially
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1 similar to the stimulant, depressant, or hallucinogenic effect on the
2 central nervous system of a controlled substance included in Schedule
3 I or II.
4 (2) The term does not include:
5 (i) a controlled substance;
6 (ii) a substance for which there is an approved new drug
7 application;
8 (iii) a substance with respect to which an exemption is in effect
9 for investigational use by a particular person under Section 505 of the
10 federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 355, to the extent
11 conduct with respect to the substance is pursuant to the exemption; or
12 (iv) any substance to the extent not intended for human consumption
13 before an exemption takes effect with respect to the substance.
14 (f) “Deliver” or “delivery,” means the actual or constructive
15 transfer from one person to another of a substance, whether or not
16 there is an agency relationship.
17 (g) “Department” means the department of health.
18 (h) “Dispense” means the interpretation of a prescription or order
19 for a controlled substance and, pursuant to that prescription or order,
20 the proper selection, measuring, compounding, labeling, or packaging
21 necessary to prepare that prescription or order for delivery.
22 (i) “Dispenser” means a practitioner who dispenses.
23 (j) “Distribute” means to deliver other than by administering or
24 dispensing a controlled substance.
25 (k) “Distributor” means a person who distributes.
26 (l) “Drug” means (1) a controlled substance recognized as a drug in
27 the official United States pharmacopoeia/national formulary or the
28 official homeopathic pharmacopoeia of the United States, or any
29 supplement to them; (2) controlled substances intended for use in the
30 diagnosis, cure, mitigation, treatment, or prevention of disease in
31 individuals or animals; (3) controlled substances (other than food)
32 intended to affect the structure or any function of the body of
33 individuals or animals; and (4) controlled substances intended for use
34 as a component of any article specified in (1), (2), or (3) of this
35 subsection. The term does not include devices or their components,
36 parts, or accessories.
37 (m) “Drug enforcement administration” means the drug enforcement
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1 administration in the United States Department of Justice, or its
2 successor agency.
3 (n) “Immediate precursor” means a substance:
4 (1) that the state board of pharmacy has found to be and by rule
5 designates as being the principal compound commonly used, or produced
6 primarily for use, in the manufacture of a controlled substance;
7 (2) that is an immediate chemical intermediary used or likely to be
8 used in the manufacture of a controlled substance; and
9 (3) the control of which is necessary to prevent, curtail, or limit
10 the manufacture of the controlled substance.
11 (o) “Isomer” means an optical isomer, but in RCW 69.50.101(r)(5),
12 69.50.204(a) (12) and (34), and 69.50.206(b)(4), the term includes any
13 geometrical isomer; in RCW 69.50.204(a) (8) and (42), and 69.50.210(c)
14 the term includes any positional isomer; and in RCW 69.50.204(a)(35),
15 69.50.204(c), and 69.50.208(a) the term includes any positional or
16 geometric isomer.
17 (p) “Manufacture” means the production, preparation, propagation,
18 compounding, conversion, or processing of a controlled substance,
19 either directly or indirectly or by extraction from substances of
20 natural origin, or independently by means of chemical synthesis, or by
21 a combination of extraction and chemical synthesis, and includes any
22 packaging or repackaging of the substance or labeling or relabeling of
23 its container. The term does not include the preparation, compounding,
24 packaging, repackaging, labeling, or relabeling of a controlled
25 substance:
26 (1) by a practitioner as an incident to the practitioner’s
27 administering or dispensing of a controlled substance in the course of
28 the practitioner’s professional practice; or
29 (2) by a practitioner, or by the practitioner’s authorized agent
30 under the practitioner’s supervision, for the purpose of, or as an
31 incident to, research, teaching, or chemical analysis and not for sale.
32 (q) “Marijuana” or “marihuana” means all parts of the plant
33 Cannabis, whether growing or not; the seeds thereof; the resin
34 extracted from any part of the plant; and every compound, manufacture,
35 salt, derivative, mixture, or preparation of the plant, its seeds or
36 resin. The term does not include the mature stalks of the plant, fiber
37 produced from the stalks, oil or cake made from the seeds of the plant,
38 any other compound, manufacture, salt, derivative, mixture, or
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1 preparation of the mature stalks (except the resin extracted
2 therefrom), fiber, oil, or cake, or the sterilized seed of the plant
3 which is incapable of germination.
4 (r) “Narcotic drug” means any of the following, whether produced
5 directly or indirectly by extraction from substances of vegetable
6 origin, or independently by means of chemical synthesis, or by a
7 combination of extraction and chemical synthesis:
8 (1) Opium, opium derivative, and any derivative of opium or opium
9 derivative, including their salts, isomers, and salts of isomers,
10 whenever the existence of the salts, isomers, and salts of isomers is
11 possible within the specific chemical designation. The term does not
12 include the isoquinoline alkaloids of opium.
13 (2) Synthetic opiate and any derivative of synthetic opiate,
14 including their isomers, esters, ethers, salts, and salts of isomers,
15 esters, and ethers, whenever the existence of the isomers, esters,
16 ethers, and salts is possible within the specific chemical designation.
17 (3) Poppy straw and concentrate of poppy straw.
18 (4) Coca leaves, except coca leaves and extracts of coca leaves
19 from which cocaine, ecgonine, and derivatives or ecgonine or their
20 salts have been removed.
21 (5) Cocaine, or any salt, isomer, or salt of isomer thereof.
22 (6) Cocaine base.
23 (7) Ecgonine, or any derivative, salt, isomer, or salt of isomer
24 thereof.
25 (8) Any compound, mixture, or preparation containing any quantity
26 of any substance referred to in subparagraphs (1) through (7).
27 (s) “Opiate” means any substance having an addiction-forming or
28 addiction-sustaining liability similar to morphine or being capable of
29 conversion into a drug having addiction-forming or addiction-sustaining
30 liability. The term includes opium, substances derived from opium
31 (opium derivatives), and synthetic opiates. The term does not include,
32 unless specifically designated as controlled under RCW 69.50.201, the
33 dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
34 (dextromethorphan). The term includes the racemic and levorotatory
35 forms of dextromethorphan.
36 (t) “Opium poppy” means the plant of the species Papaver somniferum
37 L., except its seeds.
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1 (u) “Person” means individual, corporation, business trust, estate,
2 trust, partnership, association, joint venture, government,
3 governmental subdivision or agency, or any other legal or commercial
4 entity.
5 (v) “Poppy straw” means all parts, except the seeds, of the opium
6 poppy, after mowing.
7 (w) “Practitioner” means:
8 (1) A physician under chapter 18.71 RCW; a physician assistant
9 under chapter 18.71A RCW; an osteopathic physician and surgeon under
10 chapter 18.57 RCW; an osteopathic physician assistant under chapter
11 18.57A RCW who is licensed under RCW 18.57A.020 subject to any
12 limitations in RCW 18.57A.040; an optometrist licensed under chapter
13 18.53 RCW who is certified by the optometry board under RCW 18.53.010
14 subject to any limitations in RCW 18.53.010; a dentist under chapter
15 18.32 RCW; a podiatric physician and surgeon under chapter 18.22 RCW;
16 a veterinarian under chapter 18.92 RCW; a registered nurse, advanced
17 registered nurse practitioner, or licensed practical nurse under
18 chapter 18.79 RCW; a naturopathic physician under chapter 18.36A RCW
19 who is licensed under RCW 18.36A.030 subject to any limitations in RCW
20 18.36A.040; a pharmacist under chapter 18.64 RCW or a scientific
21 investigator under this chapter, licensed, registered or otherwise
22 permitted insofar as is consistent with those licensing laws to
23 distribute, dispense, conduct research with respect to or administer a
24 controlled substance in the course of their professional practice or
25 research in this state.
26 (2) A pharmacy, hospital or other institution licensed, registered,
27 or otherwise permitted to distribute, dispense, conduct research with
28 respect to or to administer a controlled substance in the course of
29 professional practice or research in this state.
30 (3) A physician licensed to practice medicine and surgery, a
31 physician licensed to practice osteopathic medicine and surgery, a
32 dentist licensed to practice dentistry, a podiatric physician and
33 surgeon licensed to practice podiatric medicine and surgery, or a
34 veterinarian licensed to practice veterinary medicine in any state of
35 the United States.
36 (x) “Prescription” means an order for controlled substances issued
37 by a practitioner duly authorized by law or rule in the state of
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1 Washington to prescribe controlled substances within the scope of his
2 or her professional practice for a legitimate medical purpose.
3 (y) “Production” includes the manufacturing, planting, cultivating,
4 growing, or harvesting of a controlled substance.
5 (z) “Secretary” means the secretary of health or the secretary’s
6 designee.
7 (aa) “State,” unless the context otherwise requires, means a state
8 of the United States, the District of Columbia, the Commonwealth of
9 Puerto Rico, or a territory or insular possession subject to the
10 jurisdiction of the United States.
11 (bb) “Ultimate user” means an individual who lawfully possesses a
12 controlled substance for the individual’s own use or for the use of a
13 member of the individual’s household or for administering to an animal
14 owned by the individual or by a member of the individual’s household.
15 (cc) “Electronic communication of prescription information” means
16 the communication of prescription information by computer, or the
17 transmission of an exact visual image of a prescription by facsimile,
18 or other electronic means for original prescription information or
19 prescription refill information for a Schedule III-V controlled
20 substance between an authorized practitioner and a pharmacy or the
21 transfer of prescription information for a controlled substance from
22 one pharmacy to another pharmacy.
23 Sec. 5. RCW 69.50.4014 and 2003 c 53 s 335 are each amended to
24 read as follows:
25 Except as provided in RCW 69.50.401(2)(c), any person under
26 eighteen years of age found guilty of possession of forty grams or less
27 of ((marihuana)) marijuana is guilty of a misdemeanor.
28 NEW SECTION. Sec. 6. A new section is added to chapter 69.50 RCW
29 to read as follows:
30 (1) It is unlawful for any person under the age of eighteen to
31 manufacture, deliver, or possess with intent to manufacture or deliver
32 marijuana. Any person who violates this subsection is guilty of a
33 class C felony.
34 (2) It is unlawful for any person under the age of eighteen to
35 create, deliver, or possess counterfeit marijuana. Any person who
36 violates this subsection is guilty of a class C felony.
Code Rev/AI:seg 10 I-2404.1/11
1 (3) It is unlawful, except as authorized in this chapter and
2 chapter 69.41 RCW, for any person under the age of eighteen to offer,
3 arrange, or negotiate for the sale, gift, delivery, dispensing,
4 distribution, or administration of marijuana to any person and then
5 sell, give, deliver, dispense, distribute, or administer to that person
6 any other liquid, substance, or material in lieu of such marijuana.
7 Any person who violates this subsection is guilty of a class C felony.
8 (4) It is unlawful for any person under the age of eighteen to
9 possess marijuana unless the substance was obtained directly from, or
10 pursuant to, a valid prescription or order of a practitioner while
11 acting in the course of his or her professional practice, or except as
12 otherwise authorized by this chapter. Any person who violates this
13 subsection is guilty of a class C felony.
14 (5) Any person eighteen years of age or over who distributes
15 marijuana or any other controlled substance listed in Schedules I, II,
16 III, IV, and V to a person under eighteen years of age who is at least
17 three years younger is guilty of a class B felony punishable by the
18 fine authorized by RCW 69.50.401(2) (c), (d), or (e), by a term of
19 imprisonment up to twice that authorized by RCW 69.50.401(2) (c), (d),
20 or (e), or both.
21 Sec. 7. RCW 69.50.412 and 2002 c 213 s 1 are each amended to read
22 as follows:
23 (1) It is unlawful for any person to use drug paraphernalia to
24 plant, propagate, cultivate, grow, harvest, manufacture, compound,
25 convert, produce, process, prepare, test, analyze, pack, repack, store,
26 contain, conceal, inject, ingest, inhale, or otherwise introduce into
27 the human body a controlled substance. Any person who violates this
28 subsection is guilty of a misdemeanor.
29 (2) It is unlawful for any person to deliver, possess with intent
30 to deliver, or manufacture with intent to deliver drug paraphernalia,
31 knowing, or under circumstances where one reasonably should know, that
32 it will be used to plant, propagate, cultivate, grow, harvest,
33 manufacture, compound, convert, produce, process, prepare, test,
34 analyze, pack, repack, store, contain, conceal, inject, ingest, inhale,
35 or otherwise introduce into the human body a controlled substance. Any
36 person who violates this subsection is guilty of a misdemeanor.
Code Rev/AI:seg 11 I-2404.1/11
1 (3) Any person eighteen years of age or over who violates
2 subsection (2) of this section by delivering drug paraphernalia to a
3 person under eighteen years of age who is at least three years his
4 junior is guilty of a gross misdemeanor.
5 (4) It is unlawful for any person to place in any newspaper,
6 magazine, handbill, or other publication any advertisement, knowing, or
7 under circumstances where one reasonably should know, that the purpose
8 of the advertisement, in whole or in part, is to promote the sale of
9 objects designed or intended for use as drug paraphernalia. Any person
10 who violates this subsection is guilty of a misdemeanor.
11 (5) It is lawful for any person over the age of eighteen to possess
12 sterile hypodermic syringes and needles for the purpose of reducing
13 bloodborne diseases.
14 (6) This section does not apply to marijuana-related offenses for
15 persons over the age of eighteen.
16 Sec. 8. RCW 69.50.4121 and 2002 c 213 s 2 are each amended to read
17 as follows:
18 (1) Every person who sells or gives, or permits to be sold or given
19 to any person any drug paraphernalia in any form commits a class I
20 civil infraction under chapter 7.80 RCW. For purposes of this
21 subsection, “drug paraphernalia” means all equipment, products, and
22 materials of any kind which are used, intended for use, or designed for
23 use in planting, propagating, cultivating, growing, harvesting,
24 manufacturing, compounding, converting, producing, processing,
25 preparing, testing, analyzing, packaging, repackaging, storing,
26 containing, concealing, injecting, ingesting, inhaling, or otherwise
27 introducing into the human body a controlled substance. Drug
28 paraphernalia includes, but is not limited to objects used, intended
29 for use, or designed for use in ingesting, inhaling, or otherwise
30 introducing ((marihuana,)) cocaine, hashish, or hashish oil into the
31 human body, such as:
32 (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
33 with or without screens, permanent screens, hashish heads, or punctured
34 metal bowls;
35 (b) Water pipes;
36 (c) Carburetion tubes and devices;
37 (d) Smoking and carburetion masks;
Code Rev/AI:seg 12 I-2404.1/11
1 (e) Roach clips: Meaning objects used to hold burning material((,
2 such as a marihuana cigarette,)) that has become too small or too short
3 to be held in the hand;
4 (f) Miniature cocaine spoons and cocaine vials;
5 (g) Chamber pipes;
6 (h) Carburetor pipes;
7 (i) Electric pipes;
8 (j) Air-driven pipes;
9 (k) Chillums;
10 (l) Bongs; and
11 (m) Ice pipes or chillers.
12 (2) It shall be no defense to a prosecution for a violation of this
13 section that the person acted, or was believed by the defendant to act,
14 as agent or representative of another.
15 (3) Nothing in subsection (1) of this section prohibits legal
16 distribution of injection syringe equipment through public health and
17 community based HIV prevention programs, and pharmacies.
18 (4) This section does not apply to marijuana-related offenses for
19 persons over the age of eighteen.
20 Sec. 9. RCW 69.50.505 and 2009 c 479 s 46 and 2009 c 364 s 1 are
21 each reenacted and amended to read as follows:
22 (1) The following are subject to seizure and forfeiture and no
23 property right exists in them:
24 (a) All controlled substances which have been manufactured,
25 distributed, dispensed, acquired, or possessed in violation of this
26 chapter or chapter 69.41 or 69.52 RCW, and all hazardous chemicals, as
27 defined in RCW 64.44.010, used or intended to be used in the
28 manufacture of controlled substances;
29 (b) All raw materials, products, and equipment of any kind which
30 are used, or intended for use, in manufacturing, compounding,
31 processing, delivering, importing, or exporting any controlled
32 substance in violation of this chapter or chapter 69.41 or 69.52 RCW;
33 (c) All property which is used, or intended for use, as a container
34 for property described in (a) or (b) of this subsection;
35 (d) All conveyances, including aircraft, vehicles, or vessels,
36 which are used, or intended for use, in any manner to facilitate the
Code Rev/AI:seg 13 I-2404.1/11
1 sale, delivery, or receipt of property described in (a) or (b) of this
2 subsection, except that:
3 (i) No conveyance used by any person as a common carrier in the
4 transaction of business as a common carrier is subject to forfeiture
5 under this section unless it appears that the owner or other person in
6 charge of the conveyance is a consenting party or privy to a violation
7 of this chapter or chapter 69.41 or 69.52 RCW;
8 (ii) No conveyance is subject to forfeiture under this section by
9 reason of any act or omission established by the owner thereof to have
10 been committed or omitted without the owner’s knowledge or consent;
11 (iii) ((No conveyance is subject to forfeiture under this section
12 if used in the receipt of only an amount of marijuana for which
13 possession constitutes a misdemeanor under RCW 69.50.4014;
14 (iv))) A forfeiture of a conveyance encumbered by a bona fide
15 security interest is subject to the interest of the secured party if
16 the secured party neither had knowledge of nor consented to the act or
17 omission; and
18 (((v))) (iv) When the owner of a conveyance has been arrested under
19 this chapter or chapter 69.41 or 69.52 RCW the conveyance in which the
20 person is arrested may not be subject to forfeiture unless it is seized
21 or process is issued for its seizure within ten days of the owner’s
22 arrest;
23 (e) All books, records, and research products and materials,
24 including formulas, microfilm, tapes, and data which are used, or
25 intended for use, in violation of this chapter or chapter 69.41 or
26 69.52 RCW;
27 (f) All drug paraphernalia;
28 (g) All moneys, negotiable instruments, securities, or other
29 tangible or intangible property of value furnished or intended to be
30 furnished by any person in exchange for a controlled substance in
31 violation of this chapter or chapter 69.41 or 69.52 RCW, all tangible
32 or intangible personal property, proceeds, or assets acquired in whole
33 or in part with proceeds traceable to an exchange or series of
34 exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW,
35 and all moneys, negotiable instruments, and securities used or intended
36 to be used to facilitate any violation of this chapter or chapter 69.41
37 or 69.52 RCW. A forfeiture of money, negotiable instruments,
38 securities, or other tangible or intangible property encumbered by a
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1 bona fide security interest is subject to the interest of the secured
2 party if, at the time the security interest was created, the secured
3 party neither had knowledge of nor consented to the act or omission.
4 No personal property may be forfeited under this subsection (1)(g), to
5 the extent of the interest of an owner, by reason of any act or
6 omission which that owner establishes was committed or omitted without
7 the owner’s knowledge or consent; and
8 (h) All real property, including any right, title, and interest in
9 the whole of any lot or tract of land, and any appurtenances or
10 improvements which are being used with the knowledge of the owner for
11 the manufacturing, compounding, processing, delivery, importing, or
12 exporting of any controlled substance, or which have been acquired in
13 whole or in part with proceeds traceable to an exchange or series of
14 exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW,
15 if such activity is not less than a class C felony and a substantial
16 nexus exists between the commercial production or sale of the
17 controlled substance and the real property. However:
18 (i) No property may be forfeited pursuant to this subsection
19 (1)(h), to the extent of the interest of an owner, by reason of any act
20 or omission committed or omitted without the owner’s knowledge or
21 consent;
22 (ii) The bona fide gift of a controlled substance, legend drug, or
23 imitation controlled substance shall not result in the forfeiture of
24 real property;
25 (iii) ((The possession of marijuana shall not result in the
26 forfeiture of real property unless the marijuana is possessed for
27 commercial purposes, the amount possessed is five or more plants or one
28 pound or more of marijuana, and a substantial nexus exists between the
29 possession of marijuana and the real property. In such a case, the
30 intent of the offender shall be determined by the preponderance of the
31 evidence, including the offender’s prior criminal history, the amount
32 of marijuana possessed by the offender, the sophistication of the
33 activity or equipment used by the offender, and other evidence which
34 demonstrates the offender’s intent to engage in commercial activity;
35 (iv))) The unlawful sale of ((marijuana or)) a legend drug shall
36 not result in the forfeiture of real property unless the sale was
37 ((forty grams or more in the case of marijuana or)) one hundred dollars
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1 or more in the case of a legend drug, and a substantial nexus exists
2 between the unlawful sale and the real property; and
3 (((v))) (iv) A forfeiture of real property encumbered by a bona
4 fide security interest is subject to the interest of the secured party
5 if the secured party, at the time the security interest was created,
6 neither had knowledge of nor consented to the act or omission.
7 (2) Real or personal property subject to forfeiture under this
8 chapter may be seized by any board inspector or law enforcement officer
9 of this state upon process issued by any superior court having
10 jurisdiction over the property. Seizure of real property shall include
11 the filing of a lis pendens by the seizing agency. Real property
12 seized under this section shall not be transferred or otherwise
13 conveyed until ninety days after seizure or until a judgment of
14 forfeiture is entered, whichever is later: PROVIDED, That real
15 property seized under this section may be transferred or conveyed to
16 any person or entity who acquires title by foreclosure or deed in lieu
17 of foreclosure of a security interest. Seizure of personal property
18 without process may be made if:
19 (a) The seizure is incident to an arrest or a search under a search
20 warrant or an inspection under an administrative inspection warrant;
21 (b) The property subject to seizure has been the subject of a prior
22 judgment in favor of the state in a criminal injunction or forfeiture
23 proceeding based upon this chapter;
24 (c) A board inspector or law enforcement officer has probable cause
25 to believe that the property is directly or indirectly dangerous to
26 health or safety; or
27 (d) The board inspector or law enforcement officer has probable
28 cause to believe that the property was used or is intended to be used
29 in violation of this chapter.
30 (3) In the event of seizure pursuant to subsection (2) of this
31 section, proceedings for forfeiture shall be deemed commenced by the
32 seizure. The law enforcement agency under whose authority the seizure
33 was made shall cause notice to be served within fifteen days following
34 the seizure on the owner of the property seized and the person in
35 charge thereof and any person having any known right or interest
36 therein, including any community property interest, of the seizure and
37 intended forfeiture of the seized property. Service of notice of
38 seizure of real property shall be made according to the rules of civil
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1 procedure. However, the state may not obtain a default judgment with
2 respect to real property against a party who is served by substituted
3 service absent an affidavit stating that a good faith effort has been
4 made to ascertain if the defaulted party is incarcerated within the
5 state, and that there is no present basis to believe that the party is
6 incarcerated within the state. Notice of seizure in the case of
7 property subject to a security interest that has been perfected by
8 filing a financing statement in accordance with chapter 62A.9A RCW, or
9 a certificate of title, shall be made by service upon the secured party
10 or the secured party’s assignee at the address shown on the financing
11 statement or the certificate of title. The notice of seizure in other
12 cases may be served by any method authorized by law or court rule
13 including but not limited to service by certified mail with return
14 receipt requested. Service by mail shall be deemed complete upon
15 mailing within the fifteen day period following the seizure.
16 (4) If no person notifies the seizing law enforcement agency in
17 writing of the person’s claim of ownership or right to possession of
18 items specified in subsection (1)(d), (g), or (h) of this section
19 within forty-five days of the service of notice from the seizing agency
20 in the case of personal property and ninety days in the case of real
21 property, the item seized shall be deemed forfeited. The community
22 property interest in real property of a person whose spouse or domestic
23 partner committed a violation giving rise to seizure of the real
24 property may not be forfeited if the person did not participate in the
25 violation.
26 (5) If any person notifies the seizing law enforcement agency in
27 writing of the person’s claim of ownership or right to possession of
28 items specified in subsection (1)(b), (c), (d), (e), (f), (g), or (h)
29 of this section within forty-five days of the service of notice from
30 the seizing agency in the case of personal property and ninety days in
31 the case of real property, the person or persons shall be afforded a
32 reasonable opportunity to be heard as to the claim or right. The
33 notice of claim may be served by any method authorized by law or court
34 rule including, but not limited to, service by first-class mail.
35 Service by mail shall be deemed complete upon mailing within the forty-
36 five day period following service of the notice of seizure in the case
37 of personal property and within the ninety-day period following service
38 of the notice of seizure in the case of real property. The hearing
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1 shall be before the chief law enforcement officer of the seizing agency
2 or the chief law enforcement officer’s designee, except where the
3 seizing agency is a state agency as defined in RCW 34.12.020(4), the
4 hearing shall be before the chief law enforcement officer of the
5 seizing agency or an administrative law judge appointed under chapter
6 34.12 RCW, except that any person asserting a claim or right may remove
7 the matter to a court of competent jurisdiction. Removal of any matter
8 involving personal property may only be accomplished according to the
9 rules of civil procedure. The person seeking removal of the matter
10 must serve process against the state, county, political subdivision, or
11 municipality that operates the seizing agency, and any other party of
12 interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-
13 five days after the person seeking removal has notified the seizing law
14 enforcement agency of the person’s claim of ownership or right to
15 possession. The court to which the matter is to be removed shall be
16 the district court when the aggregate value of personal property is
17 within the jurisdictional limit set forth in RCW 3.66.020. A hearing
18 before the seizing agency and any appeal therefrom shall be under Title
19 34 RCW. In all cases, the burden of proof is upon the law enforcement
20 agency to establish, by a preponderance of the evidence, that the
21 property is subject to forfeiture.
22 The seizing law enforcement agency shall promptly return the
23 article or articles to the claimant upon a determination by the
24 administrative law judge or court that the claimant is the present
25 lawful owner or is lawfully entitled to possession thereof of items
26 specified in subsection (1)(b), (c), (d), (e), (f), (g), or (h) of this
27 section.
28 (6) In any proceeding to forfeit property under this title, where
29 the claimant substantially prevails, the claimant is entitled to
30 reasonable attorneys’ fees reasonably incurred by the claimant. In
31 addition, in a court hearing between two or more claimants to the
32 article or articles involved, the prevailing party is entitled to a
33 judgment for costs and reasonable attorneys’ fees.
34 (7) When property is forfeited under this chapter the board or
35 seizing law enforcement agency may:
36 (a) Retain it for official use or upon application by any law
37 enforcement agency of this state release such property to such agency
38 for the exclusive use of enforcing the provisions of this chapter;
Code Rev/AI:seg 18 I-2404.1/11
1 (b) Sell that which is not required to be destroyed by law and
2 which is not harmful to the public;
3 (c) Request the appropriate sheriff or director of public safety to
4 take custody of the property and remove it for disposition in
5 accordance with law; or
6 (d) Forward it to the drug enforcement administration for
7 disposition.
8 (8)(a) When property is forfeited, the seizing agency shall keep a
9 record indicating the identity of the prior owner, if known, a
10 description of the property, the disposition of the property, the value
11 of the property at the time of seizure, and the amount of proceeds
12 realized from disposition of the property.
13 (b) Each seizing agency shall retain records of forfeited property
14 for at least seven years.
15 (c) Each seizing agency shall file a report including a copy of the
16 records of forfeited property with the state treasurer each calendar
17 quarter.
18 (d) The quarterly report need not include a record of forfeited
19 property that is still being held for use as evidence during the
20 investigation or prosecution of a case or during the appeal from a
21 conviction.
22 (9)(a) By January 31st of each year, each seizing agency shall
23 remit to the state treasurer an amount equal to ten percent of the net
24 proceeds of any property forfeited during the preceding calendar year.
25 Money remitted shall be deposited in the state general fund.
26 (b) The net proceeds of forfeited property is the value of the
27 forfeitable interest in the property after deducting the cost of
28 satisfying any bona fide security interest to which the property is
29 subject at the time of seizure; and in the case of sold property, after
30 deducting the cost of sale, including reasonable fees or commissions
31 paid to independent selling agents, and the cost of any valid
32 landlord’s claim for damages under subsection (15) of this section.
33 (c) The value of sold forfeited property is the sale price. The
34 value of retained forfeited property is the fair market value of the
35 property at the time of seizure, determined when possible by reference
36 to an applicable commonly used index, such as the index used by the
37 department of licensing for valuation of motor vehicles. A seizing
38 agency may use, but need not use, an independent qualified appraiser to
Code Rev/AI:seg 19 I-2404.1/11
1 determine the value of retained property. If an appraiser is used, the
2 value of the property appraised is net of the cost of the appraisal.
3 The value of destroyed property and retained firearms or illegal
4 property is zero.
5 (10) Forfeited property and net proceeds not required to be paid to
6 the state treasurer shall be retained by the seizing law enforcement
7 agency exclusively for the expansion and improvement of controlled
8 substances related law enforcement activity. Money retained under this
9 section may not be used to supplant preexisting funding sources.
10 (11) Controlled substances listed in Schedule I, II, III, IV, and
11 V that are possessed, transferred, sold, or offered for sale in
12 violation of this chapter are contraband and shall be seized and
13 summarily forfeited to the state. Controlled substances listed in
14 Schedule I, II, III, IV, and V, which are seized or come into the
15 possession of the board, the owners of which are unknown, are
16 contraband and shall be summarily forfeited to the board.
17 (12) Species of plants from which controlled substances in
18 Schedules I and II may be derived which have been planted or cultivated
19 in violation of this chapter, or of which the owners or cultivators are
20 unknown, or which are wild growths, may be seized and summarily
21 forfeited to the board.
22 (13) The failure, upon demand by a board inspector or law
23 enforcement officer, of the person in occupancy or in control of land
24 or premises upon which the species of plants are growing or being
25 stored to produce an appropriate registration or proof that he or she
26 is the holder thereof constitutes authority for the seizure and
27 forfeiture of the plants.
28 (14) Upon the entry of an order of forfeiture of real property, the
29 court shall forward a copy of the order to the assessor of the county
30 in which the property is located. Orders for the forfeiture of real
31 property shall be entered by the superior court, subject to court
32 rules. Such an order shall be filed by the seizing agency in the
33 county auditor’s records in the county in which the real property is
34 located.
35 (15)(a) A landlord may assert a claim against proceeds from the
36 sale of assets seized and forfeited under subsection (7)(b) of this
37 section, only if:
Code Rev/AI:seg 20 I-2404.1/11
1 (((a))) (i) A law enforcement officer, while acting in his or her
2 official capacity, directly caused damage to the complaining landlord’s
3 property while executing a search of a tenant’s residence; and
4 (((b))) (ii) The landlord has applied any funds remaining in the
5 tenant’s deposit, to which the landlord has a right under chapter 59.18
6 RCW, to cover the damage directly caused by a law enforcement officer
7 prior to asserting a claim under the provisions of this section;
8 (((i))) (A) Only if the funds applied under (((b))) (a)(ii) of this
9 subsection are insufficient to satisfy the damage directly caused by a
10 law enforcement officer, may the landlord seek compensation for the
11 damage by filing a claim against the governmental entity under whose
12 authority the law enforcement agency operates within thirty days after
13 the search;
14 (((ii))) (B) Only if the governmental entity denies or fails to
15 respond to the landlord’s claim within sixty days of the date of
16 filing, may the landlord collect damages under this subsection by
17 filing within thirty days of denial or the expiration of the sixty-day
18 period, whichever occurs first, a claim with the seizing law
19 enforcement agency. The seizing law enforcement agency must notify the
20 landlord of the status of the claim by the end of the thirty-day
21 period. Nothing in this section requires the claim to be paid by the
22 end of the sixty-day or thirty-day period.
23 (((c))) (b) For any claim filed under (((b))) (a)(ii) of this
24 subsection, the law enforcement agency shall pay the claim unless the
25 agency provides substantial proof that the landlord either:
26 (i) Knew or consented to actions of the tenant in violation of this
27 chapter or chapter 69.41 or 69.52 RCW; or
28 (ii) Failed to respond to a notification of the illegal activity,
29 provided by a law enforcement agency under RCW 59.18.075, within seven
30 days of receipt of notification of the illegal activity.
31 (16) The landlord’s claim for damages under subsection (15) of this
32 section may not include a claim for loss of business and is limited to:
33 (a) Damage to tangible property and clean-up costs;
34 (b) The lesser of the cost of repair or fair market value of the
35 damage directly caused by a law enforcement officer;
36 (c) The proceeds from the sale of the specific tenant’s property
37 seized and forfeited under subsection (7)(b) of this section; and
Code Rev/AI:seg 21 I-2404.1/11
1 (d) The proceeds available after the seizing law enforcement agency
2 satisfies any bona fide security interest in the tenant’s property and
3 costs related to sale of the tenant’s property as provided by
4 subsection (9)(b) of this section.
5 (17) Subsections (15) and (16) of this section do not limit any
6 other rights a landlord may have against a tenant to collect for
7 damages. However, if a law enforcement agency satisfies a landlord’s
8 claim under subsection (15) of this section, the rights the landlord
9 has against the tenant for damages directly caused by a law enforcement
10 officer under the terms of the landlord and tenant’s contract are
11 subrogated to the law enforcement agency.
12 (18) No seizure or forfeiture of property may result from
13 marijuana-related offenses committed by persons eighteen years of age
14 or older.
15 NEW SECTION. Sec. 10. In the event that any sections of this act
16 are in conflict with any other laws codified in the Revised Code of
17 Washington, the provisions of this act shall control.
18 NEW SECTION. Sec. 11. If this act is validly submitted to and is
19 approved and ratified by the voters at the next general election, the
20 legislature must adopt rules and if appropriate, tax provisions, to
21 carry out the provisions of this act by final adjournment of the 2012
22 regular legislative session.
23 NEW SECTION. Sec. 12. If any provision of this act or its
24 application to any person or circumstance is held invalid, the
25 remainder of the act or the application of the provision to other
26 persons or circumstances is not affected.
27 NEW SECTION. Sec. 13. This act may be known and cited as the
28 marijuana reform act.
— END —
Code Rev/AI:seg 22 I-2404.1/11

Dispensary visit today, disappointing

April 22nd, 2010 | By Pirate

I have a little story about my visit to a Spokane based “co-op” today.  I called ahead at 4pm, and said “Im a patient, but Im not a member yet, can I get some meds, and what do I need to do”.   The person on the other end said “come down today, and we’ll take care of you, but we close at 5, so only come if you can get here before 5′.  So I drove straight there, which consisted of driving from north Division, to I-90, and then east bound a couple of exists, of course while fighting traffic the whole way there.


I got there, and introduced myself.  There was a woman at the front desk, who was not who I spoke to on the phone.  She said “you will need to fill this out”.  I did that, and I handed it back to her.  Then I noticed a bulletin board on the wall in the waiting room, and I asked if I could put my business cards up there.  She asked “what kind of business do you do”.  I told her about xCannabis.com first and that I support legalization with rally’s and media, I told her that I am a supporter of I-1068.   She replied “Oh, we don’t support that”.  I said “REALLY?”


This is where the conversation not only shocked me, but it made me furious.  But I kept my cool.


I said, do you know what it’s all about?  She said “Yes, and we don’t want to have the government regulating our medicine’.


I illustrated the lingo in the initiative, and I explained that there is no regulation for those above 18 or older.  There is no tax regulation, there is no quantity regulation, and there is no licensing.  It is true legalization for those 18+.   Of course DUI/DWI laws will still exist, and laws concerning minors will still exist, but un-like i-692 there are is no regulation on quantity, location, or anything else.  People can possess, grow, transport and distribute (to adults) with no government oversight what-so-ever.

Then she changed her story and said ‘Yea but then big companies will come in and commercialize it”.  

I said “Even so, that won’t change the fact that you, me, and any other adult can grow, possess, transport and distribute the substance”..

This only escalated to “ya, but this, and ya but that”.


The fact is, that some of these dispensaries are not interested in legalization because this natural plant that grows like a weed out of the ground like G-d intended will be able to be grown, possessed and sold by just about anyone (except kids), and their prices and profit will go down (possibly).

There is no hint of regulation that she originally mentioned, I just think that she didn’t expect me to know that much about the initiative.   Well, FYI  I am educated, and I am disappointed that this dispensary can buy into this institution of prohibition.


At the end she said “Well, I believe in decriminalization, rather than legalization’.   My reply was “The only problem with that is that people will still get arrested for certain quantities, or certain transactions, and the government can still force us to forfeit our assets, and they can still take our kids away”.  Decriminalization is not much better than prohibition!


At the end of the conversation I was still waiting to buy my meds.  Then she said ‘ok, we have a 24 hour wait, so please come back tomorrow”.   AFTER ALL THAT?  This is the first time they thought it would be a good idea to tell me I was wasting my time?


I asked her for the paperwork that I had just filled out, and I walked out.  I will not be returning.


To be fair, I should have figured that CBR closes at around 5pm, so I guess I should have realized that they needed time to verify me.  But it’s their business, they should know to at least warn me about the 24 hour verification process.  I never needed that at any of the other dispensaries!  My favorite dispensary was closed today though, so I had to find an alternative and I thought I would try a new place.  (mistake)


I am very supportive of these dispensaries which is why I give away free advice and free software to dispensaries to help them lower their costs, and to help protect their business.  Last year I spent thousands of dollars going to these dispensaries and getting meds from them for MORE than I can buy them for in the black market.

I don’t dislike the idea of dispensaries, but when they act like they are in favor of prohibition, AND waste my time all in the same day..  Well, I would rather go to the black market, sorry!  (But I just smoked the keify leaves from my last crop instead)


Here is the ultimate come back, that I should mention.   With decriminalization, can we utilize and grow hemp?   That is what will fix our environment and fix our economy, the ability to grow industrial hemp.  But unless we end prohibition, we can NOT utilize the hemp plant, not even under decriminalization status.  It must be a full end to prohibition just like I-1068 introduces to be able to fully benefit from this wonderful plant!  Anything else just fuels the cops and the black market, and of course the dispensaries (for now).  But the average pot consumer will still suffer unless we end prohibition, and our economy will suffer until we end prohibition, people will still be locked up until we end prohibition, and we will get no benefits from growing hemp until we end prohibition.


Prohibition costs our country 77 billion a year, and makes the cartels rich, as well as the prison industry.  END PROHIBITION!  SUPPORT  I-1068!

www.sensiblewashington.org


(btw- I didn’t mention the name of the dispensary intentionally, because it doesn’t matter which one, the point is still the same)


See more at this group:  http://slu2.com/?r1

Dispensary legalization group