HB 1019 — Allowing residential marijuana agriculture.

H-0527.1H-0021.1 SUBSTITUTE HOUSE BILL 1019 State of Washington 67th Legislature 2021 Regular Session By House Commerce & Gaming (originally sponsored by Representatives Kloba, MacEwen, Ryu, Wicks, Dolan, Fitzgibbon, Peterson, Goodman, Young, Vick, Ormsby, Springer, Stonier, Santos, Macri, and Harris-Harris-Talley Talley)Prefiled READ12/10/20. FIRST TIME 01/26/21.

Read first time 01/11/21.

Referred to Committee on Commerce & Gaming.

1 SHBHB 1019 (b) The possession of marijuana, useable marijuana, marijuana concentrates, and marijuana-infused products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW 69.50.385(3), by a licensed employee of a common carrier when performing the duties authorized in accordance with RCW 69.50.382 and 69.50.385, is not a violation of this section, this chapter, or any other provision of Washington state law.

2 SHBHB 1019 on the premises of the housing unit occupied by the person, provided the person complies with the requirements of this subsection.

3 SHBHB 1019 (g) All containers containing more than one ounce of useable marijuana must be clearly marked with the name, date of birth, residential address of the person who grew the plants from which the useable marijuana is derived, the date on which the plants were planted, and the date on which the plants were harvested.

4 SHBHB 1019 section, may not result in marijuana being readily smelled from a public place or the private property of another housing unit.

5 SHBHB 1019 under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter or chapter 69.41 or 69.52 RCW;

6 SHBHB 1019 to the act or omission.

(iii) The acquisition, delivery, production, or possession of marijuana, useable marijuana, marijuana concentrates, or marijuana- infused products, including in the manner and in the amount provided in RCW 69.50.4013(7), shall not result in the forfeiture of real property unless the marijuana is possessed for commercial purposes that are unlawful under Washington state law, the amount possessed is ((fivefive or more plants or one pound or more)) sixteen or more plantsof or,marijuana except as authorizedprovided in RCW 69.50.4013(7),69.50.4013, more than one pound of marijuana, and a substantial nexus exists between the possession of marijuana and the real property.

(iv) The unlawful sale of marijuana or a legend drug shall not result in the forfeiture of real property unless the sale was forty p.

7 SHBHB 1019 (iv) The unlawful sale of marijuana or a legend drug shall not result in the forfeiture of real property unless the sale was forty grams or more in the case of marijuana or one hundred dollars or more in the case of a legend drug, and a substantial nexus exists between the unlawful sale and the real property;

The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the p.seizure and intended forfeiture of the seized property.

8Service SHBof 1019notice of seizure andof intendedreal forfeitureproperty ofshall thebe seizedmade property.according to the p.

Service8 ofHB notice1019 of seizure of real property shall be made according to the rules of civil procedure.

Service by mail shall be deemed complete upon mailing within the forty-five day period following service of the notice of seizure in the case of personal property and within the ninety-day period p.following service of the notice of seizure in the case of real property.

9The SHBhearing 1019shall followingbe servicebefore of the noticechief oflaw seizureenforcement inp. the case of real property.

The9 hearingHB shall1019 be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee, except where the seizing agency is a state agency as defined in RCW 34.12.020(4), the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction.

(b) Sell that which is not required to be destroyed by law and which is not harmful to the public;

10 SHBHB 1019 (b)(c) SellRequest thatthe whichappropriate issheriff notor requireddirector of public safety to betake destroyedcustody byof lawthe property and whichremove isit notfor harmfuldisposition toin theaccordance public;with law;

(c) Request the appropriate sheriff or director of public safety to take custody of the property and remove it for disposition in accordance with law;

If an appraiser is used, the value of the property appraised is net of the p.

11 SHBHB 1019 appraiser is used, the value of the property appraised is net of the cost of the appraisal.

12 SHBHB 1019 landlord's property while executing a search of a tenant's residence;

13 SHBHB 1019 property and costs related to sale of the tenant's property as provided by subsection (9)(b) of this section.

14 SHBHB 1019 depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II;

15 SHBHB 1019 individuals or animals;

16 SHBHB 1019 (x) "Manufacture" means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

17 SHBHB 1019 (bb) "Marijuana producer" means a person licensed by the board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

18 SHBHB 1019 (8) Any compound, mixture, or preparation containing any quantity of any substance referred to in (1) through (7) of this subsection.

19 SHBHB 1019 (2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.

20 SHBHB 1019 (vv) "Ultimate user" means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.

21 SHBHB 1019 or state laws, or federal or commission rules, but does not include hemp or industrial hemp as defined in RCW 15.140.020.

22 SHBHB 1019 (n) "Distribute" means to deliver other than by administering or dispensing a controlled substance.

23 SHBHB 1019 (v) "Lot" means a definite quantity of marijuana, marijuana concentrates, useable marijuana, or marijuana-infused product identified by a lot number, every portion or package of which is uniform within recognized tolerances for the factors that appear in the labeling.

24 SHBHB 1019 (z) "Marijuana concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent.

25 SHBHB 1019 ethers, and salts is possible within the specific chemical designation.

26 SHBHB 1019 who is licensed under RCW 18.36A.030 subject to any limitations in RCW 18.36A.040;

27 SHBHB 1019 Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.

28 SHBHB 1019