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(v) Knowingly making a misrepresentation of fact to the board, an officer of the board, or an employee of the board related to conduct or an action that is, or alleged to be, any of the violations identified in (b)(i) through (iv) of this subsection (2); (c) May include cancellation of a license for cumulative violations only if a cannabis licensee commits at least four violations within a two-year period of time; (d) Must consider aggravating and mitigating circumstances and deviate from the prescribed penalties accordingly, and must authorize enforcement officers to do the same, provided that such penalty may not exceed the maximum escalating penalty prescribed by the board for that violation; and. It is the intent of the legislature that implementation of the social equity program authorized by this act not result in an increase in the number of marijuana [cannabis] retailer licenses above the limit on the number of marijuana [cannabis] retailer licenses in the state established by the [Washington state liquor and cannabis] board before January 1, 2020." (11) A city, town, or county may adopt rules of outdoor advertising by licensed cannabis retailers that are more restrictive than the advertising restrictions imposed under this chapter. Counties must receive sixty percent of the distribution, which must be disbursed based on each county's total proportional population. The parent or legal guardian of any minor to whom a controlled substance, as defined in RCW, This section shall not apply to a practitioner, as defined in RCW, (1) A person who unlawfully delivers a controlled substance in violation of RCW, (2) Controlled substances homicide is a class B felony punishable according to chapter. (3) The board may not consider any violation that occurred more than two years prior as grounds for denial, suspension, revocation, cancellation, or nonrenewal, unless the board can prove by a preponderance of the evidence that the prior administrative violation evidences: (a) Diversion of cannabis product to the illicit market or sales across state lines; (b) Furnishing of cannabis product to minors; (c) Diversion of revenue to criminal enterprises, gangs, cartels, or parties not qualified to hold a cannabis license based on criminal history requirements; (d) The commission of noncannabis-related crimes; or. (5) If any person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1)(b), (c), (d), (e), (f), (g), or (h) of this section within forty-five days of the service of notice from the seizing agency in the case of personal property and ninety days in the case of real property, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. Rules may include scheduling of consultative services and prioritizing requests for the services while maintaining the enforcement requirements of this chapter. Section 780-113 - Prohibited acts; penalties, 35 Pa. Stat. - Casetext Nothing in this section requires the claim to be paid by the end of the sixty-day or thirty-day period. Counties must receive 60 percent of the distribution based on each county's total proportional population. The suspension shall run concurrently with, and not less than, the term of the sentence for the violation. The notice of claim may be served by any method authorized by law or court rule including, but not limited to, service by first-class mail. Illinois General Assembly - Illinois Compiled Statutes A prescription for a substance included in Schedule II may not be filled more than six months after the date the prescription was issued. However, no license of a cannabis retailer that otherwise meets the conditions for license forfeiture established pursuant to this subsection (3)(c) may be subject to forfeiture within the first nine calendar months of July 23, 2017. Revised Code of Washington 69.50.4013 (2020) - Possession of Every cannabis retailer's license shall be issued in the name of the applicant, shall specify the location of the retail outlet the licensee intends to operate, which must be within the state of Washington, and the holder thereof shall not allow any other person to use the license. The sign must: (a) Contain text with content sufficient to notify the public of the nature of the pending license application, the date of the application, the name of the applicant, and contact information for the board; (b) Be conspicuously displayed on, or immediately adjacent to, the premises subject to the application and in the location that is most likely to be seen by the public; (c) Be of a size sufficient to ensure that it will be readily seen by the public; and. (ww) "Useable cannabis" means dried cannabis flowers. (1) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess a counterfeit substance. (d) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice, or information required under this chapter; (e) To refuse an entry into any premises for any inspection authorized by this chapter; or. (1) A legislative task force on social equity in cannabis is established. The commission may adopt rules and the department may charge reasonable fees, relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state. (a) The commission shall place a substance in Schedule III upon finding that: (1) the substance has a potential for abuse less than the substances included in Schedules I and II; (2) the substance has currently accepted medical use in treatment in the United States; and. (5) The board may adopt rules necessary to implement this section. (y) "Drug enforcement administration" means the drug enforcement administration in the United States Department of Justice, or its successor agency. (tt) "State," unless the context otherwise requires, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. (oo) "Production" includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance. (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to manufacture or distribute, an imitation controlled substance. RCW 69.50.412: Prohibited acts: EPenalties. - Washington (p)(1) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and: (i) that has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or. The commission may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a depressant effect on the central nervous system. (2) For the purposes of this section, "public place" has the same meaning as defined in RCW, (3) A person who violates this section is guilty of a class 3 civil infraction under chapter, (1) Nothing in this chapter permits anyone other than a validly licensed cannabis processor to use butane or other explosive gases to extract or separate resin from cannabis or to produce or process any form of cannabis concentrates or cannabis-infused products that include cannabis concentrates not purchased from a validly licensed cannabis retailer as an ingredient. (c)(i) A cannabis retailer's license is subject to forfeiture in accordance with rules adopted by the board pursuant to this section. Common carriers Transportation or delivery of cannabis, useable cannabis, cannabis concentrates, immature plants or clones, cannabis seeds, and cannabis-infused products Employees prohibited from carrying or using firearm during such services Exceptions Use of state ferry routes. (a) Application forms for cannabis producers must request the applicant to state whether the applicant intends to produce cannabis for sale by cannabis retailers holding medical cannabis endorsements and the amount of or percentage of canopy the applicant intends to commit to growing plants determined by the department under RCW, (b) The board must reconsider and increase limits on the amount of square feet permitted to be in production on July 24, 2015, and increase the percentage of production space for those cannabis producers who intend to grow plants for cannabis retailers holding medical cannabis endorsements if the cannabis producer designates the increased production space to plants determined by the department under RCW. (i) An applicant who has at least fifty-one percent ownership and control by one or more individuals who have resided in a disproportionately impacted area for a period of time defined in rule by the board after consultation with the commission on African American affairs and other commissions, agencies, and community members as determined by the board; (ii) An applicant who has at least fifty-one percent ownership and control by at least one individual who has been convicted of a cannabis offense, a drug offense, or is a family member of such an individual; or. (5) In establishing a cannabis research license, the board may adopt rules on the following: (b) Cannabis research license renewal requirements, including whether additional research projects may be added or considered; (d) Security measures to ensure cannabis is not diverted to purposes other than research; (e) Amount of plants, useable cannabis, cannabis concentrates, or cannabis-infused products a licensee may have on its premises; (g) Conditions under which cannabis grown by licensed cannabis producers and other product types from licensed cannabis processors may be donated to cannabis research licensees; and. (2) An opportunity for a hearing may be provided to an applicant for the reissuance of a license prior to the disposition of the application, and if no opportunity for a prior hearing is provided then an opportunity for a hearing to reconsider the application must be provided the applicant. Procedure for denial, suspension, or revocation of registration. The following acts, when performed by a validly licensed cannabis processor or employee of a validly licensed cannabis processor in compliance with rules adopted by the board to implement and enforce chapter 3, Laws of 2013, do not constitute criminal or civil offenses under Washington state law: (1) Purchase and receipt of cannabis that has been properly packaged and labeled from a cannabis producer validly licensed under chapter 3, Laws of 2013; (2) Possession, processing, packaging, and labeling of quantities of cannabis, useable cannabis, and cannabis-infused products that do not exceed the maximum amounts established by the board under RCW, (3) Delivery, distribution, and sale of useable cannabis or cannabis-infused products to a cannabis retailer validly licensed under chapter 3, Laws of 2013; and, (4) Delivery, distribution, and sale of useable cannabis, cannabis concentrates, or cannabis-infused products to a federally recognized Indian tribe as permitted under an agreement between the state and the tribe entered into under RCW.

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