Wash. Rev. Code » Title 69 · Chapter 69.50
Revised Code of Washington

Wash. Rev. Code § 69.50.412 (2026)

✓ current as of May 2026
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(1) It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, or prepare a controlled substance other than cannabis. Any person who violates this subsection is guilty of a misdemeanor.
(2) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, or prepare a controlled substance other than cannabis. Any person who violates this subsection is guilty of a misdemeanor.
(3) Any person eighteen years of age or over who violates subsection (2) of this section by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his or her junior is guilty of a gross misdemeanor.
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor.
(5) It is lawful for any person over the age of eighteen to possess sterile hypodermic syringes and needles for the purpose of reducing blood-borne diseases.
[ 2022 c 16 s 91; 2021 c 311 s 14; 2019 c 64 s 22. Prior: 2013 c 3 s 22 (Initiative Measure No. 502, approved November 6, 2012); 2012 c 117 s 368; 2002 c 213 s 1; 1981 c 48 s 2.]

Notes:

Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Severability—1981 c 48: See note following RCW 69.50.102.
Notes of Decisions
Cited in 77 cases (7 in the last 5 years), 1991–2025 · leading case: State v. Gocken, 896 P.2d 1267 (Wash. 1995).
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State v. Gocken, 896 P.2d 1267 (Wash. 1995). · cites it 12× “Gocken was arrested for possession of drug paraphernalia in violation of RCW 69.50.412(1). [1] The police officers searched the vehicle incident to the arrest and recovered a handgun, a Tupperware container containing marijuana, a plastic bag containing marijuana, a marijuana…”
State v. Williams, 815 P.2d 825 (Wash. Ct. App. 1991). · cites it 10× “The trial court reasoned that RCW 69.50.412, governing use of drug paraphernalia, and RCW 69.”
State v. George, 146 Wash. App. 906 (Wash. Ct. App. 2008). · cites it 5× “¶22 For possession of drug paraphernalia to be a crime, a defendant must either “use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest,…”
State v. McKenna, 958 P.2d 1017 (Wash. Ct. App. 1998). · cites it 8× “We use the spelling shown in the trial court's findings of fact.”
State v. O'Neill, 62 P.3d 489 (Wash. 2003). · cites it 2× “” See RCW 69.50.412; State v. McKenna, 91 Wn. App.”
State v. O'Meara, 143 Wash. App. 638 (Wash. Ct. App. 2008). · cites it 7× “2d 48 (1986), asserting that RCW 69.50.412 “does not prohibit the mere possession of drug paraphernalia but rather prohibits its use.”
State v. O'MEARA, 180 P.3d 196 (Wash. Ct. App. 2008). · cites it 7× “2d 48 (1986), asserting that RCW 69.50.412 [1] "does not prohibit the mere possession of drug paraphernalia but rather prohibits its use.”
State v. Neeley, 52 P.3d 539 (Wash. Ct. App. 2002). · cites it 4× “RCW 69.50.412; McKenna, 91 Wash.App. at 563 , 958 P.”
State v. Neeley, 113 Wash. App. 100 (Wash. Ct. App. 2002). · cites it 4× “RCW 69.50.412; McKenna, 91 Wn. App. at 563 ; State v.”
State of Washington v. Justin Robert Rose, 365 P.3d 756 (Wash. Ct. App. 2015). · cites it 8× “4014 (possession of less than 40 grams of marijuana) and one violation of former RCW 69.50.412(1) (2002) (use of drug paraphernalia).”
Spokane Cnty. Health Dist. v. Brockett, 839 P.2d 324 (Wash. 1992). · cites it 5× “An amendment to the bill provided: The use of appropriate materials as authorized by regional AIDS service networks in the prevention or control of HIV infection shall not be deemed a violation of RCW 69.50.412 [prohibition on distribution of drug paraphernalia].”
State v. Vazquez, 494 P.3d 424 (Wash. 2021). “401(2)(b), a class B felony, and (3) possession of drug paraphernalia under RCW 69.50.412(1), a misdemeanor. 2 No. 98928-1 At trial, the defense’s theory was that law enforcement was “tunnel visioned,” ignoring other, more culpable individuals who resided at the Clarkston house.”
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— Wash. Rev. Code § 69.50.412(1) — 61 cases
State v. Gocken, 896 P.2d 1267 (Wash. 1995). “Gocken was arrested for possession of drug paraphernalia in violation of RCW 69.50.412(1). [1] The police officers searched the vehicle incident to the arrest and recovered a handgun, a Tupperware container containing marijuana, a plastic bag containing marijuana, a marijuana…”
State v. Williams, 815 P.2d 825 (Wash. Ct. App. 1991). “The trial court reasoned that RCW 69.50.412, governing use of drug paraphernalia, and RCW 69.”
State of Washington v. Justin Robert Rose, 365 P.3d 756 (Wash. Ct. App. 2015). “4014 (possession of less than 40 grams of marijuana) and one violation of former RCW 69.50.412(1) (2002) (use of drug paraphernalia).”
State v. Vazquez, 494 P.3d 424 (Wash. 2021). “401(2)(b), a class B felony, and (3) possession of drug paraphernalia under RCW 69.50.412(1), a misdemeanor. 2 No. 98928-1 At trial, the defense’s theory was that law enforcement was “tunnel visioned,” ignoring other, more culpable individuals who resided at the Clarkston house.”
State v. O'Neill, 62 P.3d 489 (Wash. 2003). “” See RCW 69.50.412; State v. McKenna, 91 Wn. App.”
— Wash. Rev. Code § 69.50.412(2) — 5 cases
Spokane Cnty. Health Dist. v. Brockett, 839 P.2d 324 (Wash. 1992). “An amendment to the bill provided: The use of appropriate materials as authorized by regional AIDS service networks in the prevention or control of HIV infection shall not be deemed a violation of RCW 69.50.412 [prohibition on distribution of drug paraphernalia].”
State v. George, 146 Wash. App. 906 (Wash. Ct. App. 2008). “¶22 For possession of drug paraphernalia to be a crime, a defendant must either “use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest,…”
State v. Williams, 815 P.2d 825 (Wash. Ct. App. 1991). “The trial court reasoned that RCW 69.50.412, governing use of drug paraphernalia, and RCW 69.”
State v. George, 193 P.3d 693 (Wash. Ct. App. 2008).
State Of Washington v. Roger Allen Hills, Jr. (Wash. Ct. App. 2021).
— Wash. Rev. Code § 69.50.412(3) — 2 cases
State v. L.K., 977 P.2d 39 (Wash. Ct. App. 1999).
State v. LK, 977 P.2d 39 (Wash. Ct. App. 1999).
— Wash. Rev. Code § 69.50.412(i) — 4 cases
State v. Zillyette, 307 P.3d 712 (Wash. 2013).
State v. George, 146 Wash. App. 906 (Wash. Ct. App. 2008). “¶22 For possession of drug paraphernalia to be a crime, a defendant must either “use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest,…”
State v. George, 193 P.3d 693 (Wash. Ct. App. 2008).
State v. Zillyette (Wash. 2013).
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