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

Wash. Rev. Code § 69.50.4121 (2026)

Drug paraphernalia—Selling—Penalty

✓ current as of May 2026
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(1) Every person who sells or permits to be sold to any person any drug paraphernalia in any form commits a class I civil infraction under chapter 7.80 RCW. For purposes of this subsection, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance other than cannabis. Drug paraphernalia includes, but is not limited to objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cocaine into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Miniature cocaine spoons and cocaine vials;
(f) Chamber pipes;
(g) Carburetor pipes;
(h) Electric pipes;
(i) Air-driven pipes; and
(j) Ice pipes or chillers.
(2) It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.
(3) Nothing in subsection (1) of this section prohibits distribution or use of public health supplies including, but not limited to, syringe equipment, smoking equipment, or drug testing equipment, through public health programs, community-based HIV prevention programs, outreach, shelter, and housing programs, and pharmacies. Public health and syringe service program staff taking samples of substances and using drug testing equipment for the purpose of analyzing the composition of the substances or detecting the presence of certain substances are acting legally and are exempt from arrest and prosecution under RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c).
[ 2023 sp.s. c 1 s 7; 2022 c 16 s 92; 2013 c 3 s 23 (Initiative Measure No. 502, approved November 6, 2012); 2002 c 213 s 2; 1998 c 317 s 1.]

Notes:

Effective date—2023 sp.s. c 1 ss 1-5, 7-11, and 41: See note following RCW 69.50.4011.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Intent—2013 c 3 (Initiative Measure No. 502): See note following RCW 69.50.101.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2008–2025 · leading case: State v. Valencia, 239 P.3d 1059 (Wash. 2010).
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State v. Valencia, 239 P.3d 1059 (Wash. 2010). “102(a) nor RCW 69.50.4121(1) specifically applies to community custody provisions, RCW 69.”
State v. Valencia, 169 Wash. 2d 782 (Wash. 2010). “102(a) nor RCW 69.50.4121(1) specifically applies to community custody provisions, RCW 69.”
State v. Valencia, 198 P.3d 1065 (Wash. Ct. App. 2009). · cites it 2× “102 and RCW 69.50.4121(1) provide definitions of "drug paraphernalia" that would help alleviate the vagueness issue, as they list items considered such paraphernalia and address how to consider whether an item is properly considered to be drug paraphernalia given a factual…”
State v. Valencia, 148 Wash. App. 302 (Wash. Ct. App. 2009). · cites it 2× “102 and RCW 69.50.4121(1) provide definitions of “drug paraphernalia” that would help alleviate the vagueness issue, as they list items considered to be such paraphernalia and address how to consider whether an item is properly considered to be drug paraphernalia given a factual…”
State v. O'Meara, 143 Wash. App. 638 (Wash. Ct. App. 2008). · cites it 2× “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. The State charged O’Meara with one count of…”
State v. O'MEARA, 180 P.3d 196 (Wash. Ct. App. 2008). · cites it 2× “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.”
Gather Church v. Lewis Cnty. et al. (W.D. Wash. 2025). · cites it 4× “Washington Revised Code § 69.50.4121(3) allows “distribution or use of 12 public health supplies including, but not limited to, syringe equipment, smoking equipment, or 13 drug testing equipment, through public health programs.”
— Wash. Rev. Code § 69.50.4121(1) — 4 cases
State v. Valencia, 239 P.3d 1059 (Wash. 2010). “102(a) nor RCW 69.50.4121(1) specifically applies to community custody provisions, RCW 69.”
State v. Valencia, 169 Wash. 2d 782 (Wash. 2010). “102(a) nor RCW 69.50.4121(1) specifically applies to community custody provisions, RCW 69.”
State v. Valencia, 198 P.3d 1065 (Wash. Ct. App. 2009). “102 and RCW 69.50.4121(1) provide definitions of "drug paraphernalia" that would help alleviate the vagueness issue, as they list items considered such paraphernalia and address how to consider whether an item is properly considered to be drug paraphernalia given a factual…”
State v. Valencia, 148 Wash. App. 302 (Wash. Ct. App. 2009). “102 and RCW 69.50.4121(1) provide definitions of “drug paraphernalia” that would help alleviate the vagueness issue, as they list items considered to be such paraphernalia and address how to consider whether an item is properly considered to be drug paraphernalia given a factual…”
— Wash. Rev. Code § 69.50.4121(1)(a) — 1 case
State v. Valencia, 198 P.3d 1065 (Wash. Ct. App. 2009). “102 and RCW 69.50.4121(1) provide definitions of "drug paraphernalia" that would help alleviate the vagueness issue, as they list items considered such paraphernalia and address how to consider whether an item is properly considered to be drug paraphernalia given a factual…”
— Wash. Rev. Code § 69.50.4121(3) — 1 case
Gather Church v. Lewis Cnty. et al. (W.D. Wash. 2025). “Washington Revised Code § 69.50.4121(3) allows “distribution or use of 12 public health supplies including, but not limited to, syringe equipment, smoking equipment, or 13 drug testing equipment, through public health programs.”
— Wash. Rev. Code § 69.50.4121(l)(a) — 1 case
State v. Valencia, 148 Wash. App. 302 (Wash. Ct. App. 2009). “102 and RCW 69.50.4121(1) provide definitions of “drug paraphernalia” that would help alleviate the vagueness issue, as they list items considered to be such paraphernalia and address how to consider whether an item is properly considered to be drug paraphernalia given a factual…”
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