Washington SB 5213: Making 2017-2019 supplemental transportation appropriations.

Bill Text

AN ACT Relating to the possession of fentanyl; amending RCW 1
69.50.4013, 9.94A.518, and 13.40.0357; creating a new section; 2
prescribing penalties; and declaring an emergency.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The Washington state legislature 5
recognizes the escalating crisis of fentanyl use, a concern 6
underscored by alarming data and impacts in communities across the 7
state. According to recent department of health statistics, opioid 8
overdoses have risen dramatically since 2018, with fentanyl now being 9
the most prevalent cause of opioid-related fatalities. Preliminary 10
data suggests there were 662 synthetic opioid overdose deaths during 11
the first quarter of 2024 in Washington state, a near record high.12
The intent of this act is to address the public health emergency 13
posed by fentanyl by prioritizing public safety. By categorizing the 14
possession of fentanyl as a felony, the legislature aims to deter its 15
illegal distribution and use. This approach seeks to reduce the 16
availability of fentanyl on the streets and curb the associated 17
harms, including addiction, overdose, and death.18
Sec. 2. RCW 69.50.4013 and 2024 c 9 s 2 are each amended to read 19
as follows:20
S-0475.1
SENATE BILL 5213
State of Washington 69th Legislature 2025 Regular Session
By Senators McCune, Christian, Cortes, and Warnick
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on Law & Justice.
p. 1 SB 5213

(1) Except as otherwise authorized by this chapter, it is 1
unlawful for any person to:2
(a) Knowingly possess a controlled substance unless the substance 3
was obtained directly from, or pursuant to, a valid prescription or 4
order of a practitioner while acting in the course of his or her 5
professional practice; or6
(b) Knowingly use a controlled substance in a public place, 7
unless the substance was obtained directly from, or pursuant to, a 8
valid prescription or order of a practitioner while acting in the 9
course of his or her professional practice.10
(2)(a) Except as provided in RCW 69.50.4014 or 69.50.445 or (b) 11
of this subsection, a violation of subsection (1)(a) or (b) of this 12
section is a gross misdemeanor punishable by imprisonment of up to 13
180 days in jail, or by a fine of not more than $1,000, or by both 14
such imprisonment and fine, however, if the defendant has two or more 15
prior convictions under subsection (1)(a) or (b) of this section 16
occurring after July 1, 2023, a violation of subsection (1)(a) or (b) 17
of this section is punishable by imprisonment for up to 364 days, or 18
by a fine of not more than $1,000, or by both such imprisonment and 19
fine. The prosecutor is encouraged to divert such cases for 20
assessment, treatment, or other services.21
(b) Any person who violates this section by knowingly possessing 22
fentanyl is guilty of a class C felony punishable according to 23
chapter 9A.20 RCW.24
(c) No person may be charged under both subsection (1)(a) and (b) 25
of this section relating to the same course of conduct.26
(((c))) (d) In lieu of jail booking and referral to the 27
prosecutor, law enforcement is encouraged to offer a referral to 28
assessment and services available under RCW 10.31.110 or other 29
program or entity responsible for receiving referrals in lieu of 30
legal system involvement, which may include, but are not limited to, 31
arrest and jail alternative programs established under RCW 32
36.28A.450, law enforcement assisted diversion programs established 33
under RCW 71.24.589, and the recovery navigator program established 34
under RCW 71.24.115.35
(3)(a) The possession, by a person 21 years of age or older, of 36
useable cannabis, cannabis concentrates, or cannabis-infused products 37
in amounts that do not exceed those set forth in RCW 69.50.360(3) is 38
not a violation of this section, this chapter, or any other provision 39
of Washington state law.40
p. 2 SB 5213

(b) The possession of cannabis, useable cannabis, cannabis 1
concentrates, and cannabis-infused products being physically 2
transported or delivered within the state, in amounts not exceeding 3
those that may be established under RCW 69.50.385(3), by a licensed 4
employee of a common carrier when performing the duties authorized in 5
accordance with RCW 69.50.382 and 69.50.385, is not a violation of 6
this section, this chapter, or any other provision of Washington 7
state law.8
(4)(a) The delivery by a person 21 years of age or older to one 9
or more persons 21 years of age or older, during a single 24 hour 10
period, for noncommercial purposes and not conditioned upon or done 11
in connection with the provision or receipt of financial 12
consideration, of any of the following cannabis products, is not a 13
violation of this section, this chapter, or any other provisions of 14
Washington state law:15
(i) One-half ounce of useable cannabis;16
(ii) Eight ounces of cannabis-infused product in solid form;17
(iii) 36 o