69.50.401  <<  69.50.4011 >>   69.50.4012

Counterfeit substancesPenalties. (Effective until July 1, 2023.)

(1) Except as authorized by this chapter, it is unlawful for:
(a) Any person to create or deliver a counterfeit substance; or
(b) Any person to knowingly possess a counterfeit substance.
(2) Any person who violates subsection (1)(a) of this section with respect to:
(a) A counterfeit substance classified in Schedule I or II which is a narcotic drug, or flunitrazepam classified in Schedule IV, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;
(b) A counterfeit substance which is methamphetamine, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;
(c) Any other counterfeit substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW;
(d) A counterfeit substance classified in Schedule IV, except flunitrazepam, is guilty of a class C felony punishable according to chapter 9A.20 RCW;
(e) A counterfeit substance classified in Schedule V, is guilty of a class C felony punishable according to chapter 9A.20 RCW.
(3) A violation of subsection (1)(b) of this section is a misdemeanor. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services.

NOTES:

Expiration date2021 c 311 §§ 8-10, 12, 15, and 16: "Sections 8 through 10, 12, 15, and 16 of this act expire July 1, 2023." [ 2021 c 311 § 29.]
Effective date2021 c 311 §§ 1-11 and 13-21: See note following RCW 71.24.115.
IntentEffective date2003 c 53: See notes following RCW 2.48.180.

Counterfeit substancesPenalties. (Effective July 1, 2023.)

(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess a counterfeit substance.
(2) Any person who violates this section with respect to:
(a) A counterfeit substance classified in Schedule I or II which is a narcotic drug, or flunitrazepam classified in Schedule IV, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;
(b) A counterfeit substance which is methamphetamine, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, fined not more than twenty-five thousand dollars, or both;
(c) Any other counterfeit substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW;
(d) A counterfeit substance classified in Schedule IV, except flunitrazepam, is guilty of a class C felony punishable according to chapter 9A.20 RCW;
(e) A counterfeit substance classified in Schedule V, is guilty of a class C felony punishable according to chapter 9A.20 RCW.

NOTES:

IntentEffective date2003 c 53: See notes following RCW 2.48.180.
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