HB 2194 — Legalizing the home cultivation of cannabis.

H-3013.1H-2041.3 SUBSTITUTE HOUSE BILL 2194 State of Washington 68th Legislature 2024 Regular Session By House Regulated Substances & Gaming (originally sponsored by Representatives Kloba, Wylie, Doglio, Goodman, Macri, Berry, Reed, Ormsby, Peterson, Fitzgibbon, Simmons, Fosse, and Waters)Waters READPrefiled FIRST01/05/24. TIME 01/31/24.

Read first time 01/08/24.

Referred to Committee on Regulated Substances & Gaming.

1 SHBHB 2194 by both such imprisonment and fine, however, if the defendant has two or more prior convictions under subsection (1)(a) or (b) of this section occurring after July 1, 2023, a violation of subsection (1)(a) or (b) of this section is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine.

2 SHBHB 2194 violation of this section, this chapter, or any other provisions of Washington state law:

(7)(a) The production and possession by a person 21 years of age or older of no more than foursix plants and the cannabis and cannabis products derived from those plants, on the premises of the housing unit occupied by the person, is not a violation of this section, this chapter, or any other provision of Washington state law.

No more than 1015 plants may be produced at any one time on the premises of a single housing unit, regardless of the number of residents living on the premises of the housing unit.

(i) It is a class 1 civil infraction punishable under chapter 7.80 RCW for a person to produce and knowingly possess more than foursix plants but fewer than 1116 plants;

and (ii) It is a class C felony punishable under RCW 69.50.401(2)(c) for a person to produce and knowingly possess 1116 or more plants.

(d) An investigating law enforcement officer or agency may seize and summarily destroy any plants produced or possessed by a person in p.

3 SHB 2194 excess of the four plants authorized under this subsection (7), if the person is not authorized to produce and possess the additional plants under RCW 69.50.325 or chapter 69.51A RCW.

(a)p. "Public place" has the same meaning as defined in RCW 66.04.010, but the exclusions in RCW 66.04.011 do not apply.

3 HB 2194 (a) "Public place" has the same meaning as defined in RCW 66.04.010, but the exclusions in RCW 66.04.011 do not apply.

As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, p.sites, or substances used in the manufacture of the methamphetamine, including its salts, isomers, and salts of isomers.

4 SHB 2194 sites, or substances used in the manufacture of the methamphetamine, including its salts, isomers, and salts of isomers.

(c)p. Any other controlled substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW, except as provided in RCW 69.50.475 or 69.50.4013(7);

4 HB 2194 (c) Any other controlled substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW, except as provided in RCW 69.50.475 or 69.50.4013(7);

(i) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture p.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;

5p. SHB 2194 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;

5 HB 2194 (ii) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent;

A forfeiture of money, negotiable instruments, securities, or other tangible or intangible property encumbered by a bona fide security interest is subject to the interest of the secured party if, at the time the security interest was created, the secured party neither had knowledge of nor consented p.to the act or omission.

6No SHBpersonal 2194property may be forfeited under this subsection (1)(g), to the actextent orof omission.the interest of an owner, by p.

No6 personalHB property2194 may be forfeited under this subsection (1)(g), to the extent of the interest of an owner, by reason of any act or omission which that owner establishes was committed or omitted without the owner's knowledge or consent;

(iii) The acquisition, delivery, production, or possession of cannabis, useable cannabis, cannabis concentrates, or cannabis- 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 cannabis is possessed for commercial purposes that are unlawful under Washington state law, the amount possessed is ((five)) 1116 or more plants or, except as authorized in RCW 69.50.4013(7), one pound or more of cannabis, and a substantial nexus exists between the possession of cannabis and the real property.

(iv) The unlawful sale of cannabis or a legend drug shall not result in the forfeiture of real property unless the sale was ((forty)) 40 grams or more in the case of cannabis or ((one hundred dollars)) $100 or more in the case of a legend drug, and a p.

7 SHBHB 2194 ((forty)) 40 grams or more in the case of cannabis or ((one hundred dollars)) $100 or more in the case of a legend drug, and a substantial nexus exists between the unlawful sale and the real property;

Service of p.notice of seizure of real property shall be made according to the rules of civil procedure.

8However, SHBthe 2194state noticemay ofnot seizureobtain ofa realdefault propertyp. shall be made according to the rules of civil procedure.

However,8 theHB state2194 may not obtain a default judgment with respect to real property against a party who is served by substituted service absent an affidavit stating that a good faith effort has been made to ascertain if the defaulted party is incarcerated within the state, and that there is no present basis to believe that the party is incarcerated within the state.

Service by mail shall be deemed complete upon mailing within the ((forty-five)) 45-day period following service of the notice of seizure in the case of personal property and within the ((ninety)) 90-day period following service of the notice p.of seizure in the case of real property.

9The SHBhearing 2194shall ofbe seizurebefore in the casechief law enforcement officer of realthe property.seizing agency or the chief p.

The9 hearingHB shall2194 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 2194 (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;

p.A seizing agency may use, but need not use, an independent qualified appraiser to determine the value of retained property.

11If SHB 2194 A seizing agency may use, but need not use, an independentp. qualified appraiser to determine the value of retained property.

If11 anHB 2194 appraiser is used, the value of the property appraised is net of the cost of the appraisal.

(i) A law enforcement officer, while acting in his or her official capacity, directly caused damage to the complaining p.

12 SHBHB 2194 (i) A law enforcement officer, while acting in his or her official capacity, directly caused damage to the complaining landlord's property while executing a search of a tenant's residence;