(1) Except as otherwise authorized by this chapter, it is unlawful for any person to:
(a) Knowingly possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice; or
(b) Knowingly use a controlled substance in a public place, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice.
(2)(a) Except as provided in RCW
69.50.4014 or
69.50.445, a violation of subsection (1)(a) or (b) of this section is a gross misdemeanor punishable by imprisonment of up to 180 days in jail, or by a fine of not more than $1,000, or 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. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services.
(b) No person may be charged under both subsection (1)(a) and (b) of this section relating to the same course of conduct.
(c) In lieu of jail booking and referral to the prosecutor, law enforcement is encouraged to offer a referral to assessment and services available under RCW
10.31.110 or other program or entity responsible for receiving referrals in lieu of legal system involvement, which may include, but are not limited to, arrest and jail alternative programs established under RCW
36.28A.450, law enforcement assisted diversion programs established under RCW
71.24.589, and the recovery navigator program established under RCW
71.24.115.
(3)(a) The possession, by a person 21 years of age or older, of useable cannabis, cannabis concentrates, or cannabis-infused products in amounts that do not exceed those set forth in RCW
69.50.360(3) is not a violation of this section, this chapter, or any other provision of Washington state law.
(b) The possession of cannabis, useable cannabis, cannabis concentrates, and cannabis-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.
(4)(a) The delivery by a person 21 years of age or older to one or more persons 21 years of age or older, during a single 24 hour period, for noncommercial purposes and not conditioned upon or done in connection with the provision or receipt of financial consideration, of any of the following cannabis products, is not a violation of this section, this chapter, or any other provisions of Washington state law:
(i) One-half ounce of useable cannabis;
(ii) Eight ounces of cannabis-infused product in solid form;
(iii) 36 ounces of cannabis-infused product in liquid form; or
(iv) Three and one-half grams of cannabis concentrates.
(b) The act of delivering cannabis or a cannabis product as authorized under this subsection (4) must meet one of the following requirements:
(i) The delivery must be done in a location outside of the view of general public and in a nonpublic place; or
(ii) The cannabis or cannabis product must be in the original packaging as purchased from the cannabis retailer.
(5) No person under 21 years of age may manufacture, sell, distribute, or knowingly possess cannabis, cannabis-infused products, or cannabis concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.
(6) The possession by a qualifying patient or designated provider of cannabis concentrates, useable cannabis, cannabis-infused products, or plants in accordance with chapter
69.51A RCW is not a violation of this section, this chapter, or any other provision of Washington state law.
(7) For the purposes of this section, "public place" has the same meaning as defined in RCW
66.04.010, but the exclusions in RCW
66.04.011 do not apply.
(8) For the purposes of this section, "use a controlled substance" means to introduce the substance into the human body by injection, inhalation, ingestion, or any other means.
