Revised Code of Washington
Wash. Rev. Code § 69.50.402 (2026)
✓ current as of May 2026
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(1) It is unlawful for any person:
(a) Who is subject to Article III to distribute or dispense a controlled substance in violation of RCW 69.50.308;
(b) Who is a registrant, to manufacture a controlled substance not authorized by his or her registration, or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person;
(c) Who is a practitioner, to prescribe, order, dispense, administer, supply, or give to any person:
(i) Any amphetamine, including its salts, optical isomers, and salts of optical isomers classified as a Schedule II controlled substance by the commission pursuant to chapter 34.05 RCW; or
(ii) Any nonnarcotic stimulant classified as a Schedule II controlled substance and designated as a nonnarcotic stimulant by the commission pursuant to chapter 34.05 RCW;
except for the treatment of narcolepsy, or for the treatment of hyperkinesis, or for the treatment of drug-induced brain dysfunction, or for the treatment of epilepsy, or for the differential diagnostic psychiatric evaluation of depression, or for the treatment of depression shown to be refractory to other therapeutic modalities, or for the treatment of multiple sclerosis, or for the treatment of any other disease states or conditions for which the United States food and drug administration has approved an indication, or for the clinical investigation of the effects of such drugs or compounds, in which case an investigative protocol therefor shall have been submitted to and reviewed and approved by the commission before the investigation has been begun: PROVIDED, That the commission, in consultation with the Washington medical commission and the osteopathic disciplinary board, may establish by rule, pursuant to chapter 34.05 RCW, disease states or conditions in addition to those listed in this subsection for the treatment of which Schedule II nonnarcotic stimulants may be prescribed, ordered, dispensed, administered, supplied, or given to patients by practitioners: AND PROVIDED, FURTHER, That investigations by the commission of abuse of prescriptive authority by physicians, licensed pursuant to chapter 18.71 RCW, pursuant to subsection (1)(c) of this section shall be done in consultation with the Washington medical commission;
(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
(f) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping or selling them in violation of this chapter.
(2) Any person who violates this section is guilty of a class C felony and upon conviction may be imprisoned for not more than two years, fined not more than two thousand dollars, or both.
[ 2019 c 55 s 12; 2016 c 150 s 1; 2013 c 19 s 107; 2010 c 177 s 7; 2003 c 53 s 338; 1994 sp.s. c 9 s 740; 1980 c 138 s 6; 1979 ex.s. c 119 s 1; 1971 ex.s. c 308 s 69.50.402.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 1980–2021 · leading case: State v. Vazquez, 494 P.3d 424 (Wash. 2021).
State v. Vazquez, 494 P.3d 424 (Wash. 2021). “The Asotin County prosecutor charged Vazquez with three offenses: (1) maintaining a dwelling for controlled substances under RCW 69.50.402(1)(f), a class C felony, (2) possessing methamphetamine under RCW 69.”
State v. Ceglowski, 12 P.3d 160 (Wash. Ct. App. 2000). “402(a)(6) provides that it is unlawful for a person: knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this chapter for…”
State v. Ceglowski, 103 Wash. App. 346 (Wash. Ct. App. 2000). “The jury convicted Ceglowski on Count IV of knowingly *350 keeping or maintaining a “drug house” in violation of RCW 69.50.402 (drug house statute). RCW 69.”
State v. Higby, 613 P.2d 1192 (Wash. Ct. App. 1980). “1 RCW 69.50.402 was amended in 1979 and the applicable subsection is now (a)(6).”
State v. Fernandez, 948 P.2d 872 (Wash. Ct. App. 1997). “RCW 69.50.402(a)(6). The defendants argue that there is insufficient evidence that they knowingly kept or maintained a house which others resort to for the purpose of using drugs.”
State v. Roberts, 908 P.2d 892 (Wash. Ct. App. 1996). “14 Roberts was not charged with violating either of Washington’s "crack house” statutes, RCW 69.50.402(6) or RCW 69.53.010(1), which make criminal the knowing maintenance of any "place” for delivery, manufacture, sale, transfer, use, or storage of any controlled substance.”
State v. Morris, 123 Wash. App. 467 (Wash. Ct. App. 2004). “210(b) (depressants, including their salts, isomers, and salts of isomers); former RCW 69.50.402(a)(3)(i) (2000) (“unlawful for any person.”
State v. Harris, 272 P.3d 299 (Wash. Ct. App. 2012). “12 RCW 69.50.402(l)(f). 13 Franks v. Delaware, 438 U.”
State v. Morris, 98 P.3d 513 (Wash. Ct. App. 2004). “210(b) (depressants, including their salts, isomers, and salts of isomers); former RCW 69.50.402(a)(3)(i) ("unlawful for any person [ ] who is a practitioner, to prescribe, order, dispense, administer, supply, or give to any person [ ] any amphetamine, including its salts,…”
State v. Chambers, 945 P.2d 1172 (Wash. Ct. App. 1997). “RCW 69.50.402, 403, 410, 412. Because it is not clear what specific crime was under investigation, the warrant again fails the particularity requirement.”
In Re Pers. Restraint Petition of Hopkins, 948 P.2d 394 (Wash. Ct. App. 1997). “may be imprisoned for not more than ten years”); RCW 69.50.402(b) (“[a]ny person who violates this section .”
State v. Marin, 208 P.3d 1184 (Wash. Ct. App. 2009). “[21] The State has conceded this issue as no underlying crime was included on the charging information.”
— Wash. Rev. Code § 69.50.402(1) — 1 case
State of Washington v. Rodney Clifford Menard, 392 P.3d 1105 (Wash. Ct. App. 2017).
— Wash. Rev. Code § 69.50.402(1)(f) — 6 cases
State v. Vazquez, 494 P.3d 424 (Wash. 2021). “The Asotin County prosecutor charged Vazquez with three offenses: (1) maintaining a dwelling for controlled substances under RCW 69.50.402(1)(f), a class C felony, (2) possessing methamphetamine under RCW 69.”
State v. Marin, 208 P.3d 1184 (Wash. Ct. App. 2009). “[21] The State has conceded this issue as no underlying crime was included on the charging information.”
State v. Marin, 150 Wash. App. 434 (Wash. Ct. App. 2009).
State of Washington v. Devin Adam Wood (Wash. Ct. App. 2019).
State Of Washington, V Marbella Hernandez-lorenzo (Wash. Ct. App. 2016).
— Wash. Rev. Code § 69.50.402(6) — 1 case
State v. Roberts, 908 P.2d 892 (Wash. Ct. App. 1996). “14 Roberts was not charged with violating either of Washington’s "crack house” statutes, RCW 69.50.402(6) or RCW 69.53.010(1), which make criminal the knowing maintenance of any "place” for delivery, manufacture, sale, transfer, use, or storage of any controlled substance.”
— Wash. Rev. Code § 69.50.402(a)(3)(i) — 2 cases
State v. Morris, 123 Wash. App. 467 (Wash. Ct. App. 2004). “210(b) (depressants, including their salts, isomers, and salts of isomers); former RCW 69.50.402(a)(3)(i) (2000) (“unlawful for any person.”
State v. Morris, 98 P.3d 513 (Wash. Ct. App. 2004). “210(b) (depressants, including their salts, isomers, and salts of isomers); former RCW 69.50.402(a)(3)(i) ("unlawful for any person [ ] who is a practitioner, to prescribe, order, dispense, administer, supply, or give to any person [ ] any amphetamine, including its salts,…”
— Wash. Rev. Code § 69.50.402(a)(5) — 1 case
State v. Higby, 613 P.2d 1192 (Wash. Ct. App. 1980). “1 RCW 69.50.402 was amended in 1979 and the applicable subsection is now (a)(6).”
— Wash. Rev. Code § 69.50.402(a)(6) — 3 cases
State v. Ceglowski, 12 P.3d 160 (Wash. Ct. App. 2000). “402(a)(6) provides that it is unlawful for a person: knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this chapter for…”
State v. Ceglowski, 103 Wash. App. 346 (Wash. Ct. App. 2000). “The jury convicted Ceglowski on Count IV of knowingly *350 keeping or maintaining a “drug house” in violation of RCW 69.50.402 (drug house statute). RCW 69.”
State v. Fernandez, 948 P.2d 872 (Wash. Ct. App. 1997). “RCW 69.50.402(a)(6). The defendants argue that there is insufficient evidence that they knowingly kept or maintained a house which others resort to for the purpose of using drugs.”
— Wash. Rev. Code § 69.50.402(b) — 1 case
In Re Pers. Restraint Petition of Hopkins, 948 P.2d 394 (Wash. Ct. App. 1997). “may be imprisoned for not more than ten years”); RCW 69.50.402(b) (“[a]ny person who violates this section .”
— Wash. Rev. Code § 69.50.402(l)(f) — 3 cases
State v. Harris, 272 P.3d 299 (Wash. Ct. App. 2012). “12 RCW 69.50.402(l)(f). 13 Franks v. Delaware, 438 U.”
State v. Marin, 150 Wash. App. 434 (Wash. Ct. App. 2009).
State of Washington v. Rodney Clifford Menard, 392 P.3d 1105 (Wash. Ct. App. 2017).
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