Revised Code of Washington

Wash. Rev. Code § 69.50.4014 (2026)

✓ current as of May 2026
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(1) Except as provided in RCW 69.50.401(2)(c) or as otherwise authorized by this chapter, any person found guilty of knowing possession of 40 grams or less of cannabis is guilty of a misdemeanor. The prosecutor is encouraged to divert cases under this section for assessment, treatment, or other services.
(2) 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.
[ 2023 sp.s. c 1 s 3; 2022 c 16 s 88; (2022 c 16 s 87 expired July 1, 2023); (2021 c 311 s 10 expired July 1, 2023); 2015 2nd sp.s. c 4 s 505; 2003 c 53 s 335.]

Notes:

Effective date2023 sp.s. c 1 ss 1-5, 7-11, and 41: See note following RCW 69.50.4011.
Effective date2022 c 16 ss 5, 9, 86, and 88: See note following RCW 69.50.4013.
Expiration date2022 c 16 ss 4, 8, 85, and 87: See note following RCW 69.50.4013.
IntentFinding2022 c 16: See note following RCW 69.50.101.
Effective date2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Expiration date2021 c 311 ss 8-10 and 12: See note following RCW 69.50.4011.
FindingsIntentEffective dates2015 2nd sp.s. c 4: See notes following RCW 69.50.334.
IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Notes of Decisions
Cited in 34 cases (3 in the last 5 years), 2006–2024 · leading case: State v. Blake, 481 P.3d 521 (Wash. 2021).
State v. Blake, 481 P.3d 521 (Wash. 2021). “In the former version of the statute, our legislature deleted the words “knowingly or intentionally” from the uniform act.”
State of Washington v. Justin Robert Rose, 365 P.3d 756 (Wash. Ct. App. 2015). · cites it 4× “He was charged with one violation ofRCW 69.50.4014 (possession of less than 40 grams of marijuana) and one violation of former RCW 69.”
State v. Fry, 228 P.3d 1 (Wash. 2010). “Nevertheless, the authorization only created a potential affirmative defense that would excuse the criminal act.”
State v. Fry, 168 Wash. 2d 1 (Wash. 2010). “Nevertheless, the authorization only created a potential affirmative defense that would *8 excuse the criminal act.”
State v. Tibbles, 236 P.3d 885 (Wash. 2010). “401(2)(c); RCW 69.50.4014. No misdemeanor arrest had occurred or was certain when Larsen began his search.”
State v. Tibbles, 169 Wash. 2d 364 (Wash. 2010). “401(2)(c); RCW 69.50.4014. No misdemeanor arrest had occurred or was certain when Larsen began his search.”
State v. Hassan, 151 Wash. App. 209 (Wash. Ct. App. 2009). “RCW 69.50.4014; RCW 9.92.030. ¶27 Second, unlike in Ward, Hassan’s defense did not apply to both the greater and the lesser included offense.”
State v. Hassan, 211 P.3d 441 (Wash. Ct. App. 2009). “RCW 69.50.4014; RCW 9.92.030. ¶ 27 Second, unlike in Ward, Hassan's defense did not apply to both the greater and the lesser included offense.”
State v. Walker, 157 Wash. 2d 307 (Wash. 2006). “See RCW 69.50.4014; State v. Hornaday, 105 Wn.”
State v. Walker, 138 P.3d 113 (Wash. 2006). “¶ 26 I concur in result because the officer had proper grounds to arrest.”
State v. O'Meara, 143 Wash. App. 638 (Wash. Ct. App. 2008). “While searching O’Meara incident to his arrest, the police discovered a plastic baggie containing marijuana, a playing card tin allegedly containing marijuana residue, and a smoking pipe allegedly containing marijuana residue.”
State v. O'MEARA, 180 P.3d 196 (Wash. Ct. App. 2008). “While searching O'Meara incident to his arrest, the police discovered a plastic baggie containing marijuana, a playing card tin allegedly containing marijuana residue, and a smoking pipe allegedly containing marijuana residue.”
— Wash. Rev. Code § 69.50.4014(1) — 1 case
Stewart v. Extra Space Storage (W.D. Wash. 2024).
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