(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.
[ 2021 c 311 § 8; 2003 c 53 § 332.]
NOTES:
Expiration date—2021 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 date—2021 c 311 §§ 1-11 and 13-21: See note following RCW 71.24.115.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
RCW 69.50.4011
Counterfeit substances—Penalties. (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.
[ 2003 c 53 § 332.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.