Washington HB 1249: Regarding limits on the sale and possession of retail cannabis products.

Bill Text

CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1249
68th Legislature
2024 Regular Session
Passed by the House February 10, 2024
Yeas 88 Nays 9
Speaker of the House of
Representatives
Passed by the Senate February 22,
2024
Yeas 47 Nays 1
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
SUBSTITUTE HOUSE BILL 1249 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Chief Clerk
Approved FILED
Governor of the State of Washington
Secretary of State
State of Washington

AN ACT Relating to limits on the sale and possession of retail 1
cannabis products; and amending RCW 69.50.360 and 69.50.4013.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 69.50.360 and 2022 c 16 s 72 are each amended to 4
read as follows:5
The following acts, when performed by a validly licensed cannabis 6
retailer or employee of a validly licensed retail outlet in 7
compliance with rules adopted by the board to implement and enforce 8
chapter 3, Laws of 2013, do not constitute criminal or civil offenses 9
under Washington state law:10
(1) Purchase and receipt of cannabis concentrates, useable 11
cannabis, or cannabis-infused products that have been properly 12
packaged and labeled from a cannabis processor validly licensed under 13
this chapter;14
(2) Possession of quantities of cannabis concentrates, useable 15
cannabis, or cannabis-infused products that do not exceed the maximum 16
amounts established by the board under RCW 69.50.345(5);17
(3) Delivery, distribution, and sale, on the premises of the 18
retail outlet, of any combination of the following amounts of 19
cannabis concentrates, useable cannabis, or cannabis-infused product 20
to any person ((twenty-one)) 21 years of age or older:21
SUBSTITUTE HOUSE BILL 1249
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By House Regulated Substances & Gaming (originally sponsored by
Representatives Corry and Reeves)
READ FIRST TIME 01/18/24.
p. 1 SHB 1249.PL

(a) One ounce of useable cannabis;1
(b) ((Sixteen)) 16 ounces of cannabis-infused product in solid 2
form;3
(c) ((Seventy-two)) 72 ounces of cannabis-infused product in 4
liquid form unless the cannabis-infused product in liquid form is 5
packaged in individual units containing no more than four milligrams 6
of THC per unit; ((or))7
(d) 200 milligrams of THC within a cannabis-infused product in 8
liquid form if the product is packaged in individual units containing 9
no more than four milligrams of THC per unit; or10
(e) Seven grams of cannabis concentrate; and11
(4) Purchase and receipt of cannabis concentrates, useable 12
cannabis, or cannabis-infused products that have been properly 13
packaged and labeled from a federally recognized Indian tribe as 14
permitted under an agreement between the state and the tribe entered 15
into under RCW 43.06.490.16
Sec. 2. RCW 69.50.4013 and 2023 sp.s. c 1 s 2 are each amended 17
to read as follows:18
(1) Except as otherwise authorized by this chapter, it is 19
unlawful for any person to:20
(a) Knowingly possess a controlled substance unless the substance 21
was obtained directly from, or pursuant to, a valid prescription or 22
order of a practitioner while acting in the course of his or her 23
professional practice; or24
(b) Knowingly use a controlled substance in a public place, 25
unless the substance was obtained directly from, or pursuant to, a 26
valid prescription or order of a practitioner while acting in the 27
course of his or her professional practice.28
(2)(a) Except as provided in RCW 69.50.4014 or 69.50.445, a 29
violation of subsection (1)(a) or (b) of this section is a gross 30
misdemeanor punishable by imprisonment of up to 180 days in jail, or 31
by a fine of not more than $1,000, or by both such imprisonment and 32
fine, however, if the defendant has two or more prior convictions 33
under subsection (1)(a) or (b) of this section occurring after July 34
1, 2023, a violation of subsection (1)(a) or (b) of this section is 35
punishable by imprisonment for up to 364 days, or by a fine of not 36
more than $1,000, or by both such imprisonment and fine. The 37
prosecutor is encouraged to divert such cases for assessment, 38
treatment, or other services.39
p. 2 SHB 1249.PL

(b) No person may be charged under both subsection (1)(a) and (b) 1
of this section relating to the same course of conduct.2
(c) In lieu of jail booking and referral to the prosecutor, law 3
enforcement is encouraged to offer a referral to assessment and 4
services available under RCW 10.31.110 or other program or entity 5
responsible for receiving referrals in lieu of legal system 6
involvement, which may include, but are not limited to, arrest and 7
jail alternative programs established under RCW 36.28A.450, law 8
enforcement assisted diversion programs established under RCW 9
71.24.589, and