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RCW 69.50.505. Seizure and Forfeiture

(a) The following are subject to seizure and forfeiture and no property right exists in them:

(1) All controlled substances which have been manufactured, distributed, dispensed, acquired, or possessed in violation of this chapter or chapter 69.41 or 69.52 RCW, and all hazardous chemicals, as defined in RCW964.44.010, used or intended to be used in the manufacture or controlled substances;

(2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter or chapter 69.41 or 69.52 RCW;

(3) All property which is used, or intended for use, as a container for property described in paragraphs (1) or (2);

(4) All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, in any manner to facilitate the sale, delivery, or receipt of property described in paragraphs (1) or (2).

Drug-Related Enhancements
Enhances to the presumptive range for prison are required for certain drug offenses that occur in a protected zone (RCW 9.94A.510(6) or in correction facilities (RCW 9.94A.510(5)).

Protected Zone
If an offender is sentenced for committing certain drug offenses in a protected zone, 24 months are added to the presumptive sentence, and the maximum imprisonment and fine are doubled (RCW 69/50.435).
Protected Zones include the following:
Schools or school buses;
1,000 feet of a school bus route stop or a school ground perimeter;

Public parks
Public transit vehicles or public transit stops;
Civic centers or public housing projects designated as a drug-free zone by the local governing authority; or 10 to 1,000 feet of the perimeter of a facility designated as a civic center, if the local governing authority specifically designates the 1,000 foot perimeter.

When a convicted drug offender is subject to both RCW 69.50.435 (which doubles the maximum sentence that may be imposed for a drug offense committed in or near a public place or facility as specified by the statute) and RCW 9.94A.510(3) (which mandates enhanced sentences for offenses committed while armed with a firearm), the maximum sentence for the firearm enhancement should equal the statutory maximum for the offenses as doubled by RCW 69.50.435. State v. Barajas, 88 Wn. App. 387 (1997).

Presence of a child
When an offender is convicted of the manufacture of a controlled substance under RCW 69.50.501, (a) relating to the manufacture of methamphetamine; or (b) possession of ephedrine or pseudoephedrine with the intent to manufacture methamphetamine, and there was a special allegation proven that the offender committed the crime when a person under the age of eighteen was present in or upon the premises of the manufacture, then 23 months are added to the presumptive sentence.

Download the complete text of RCW 69.50.101 Definitions

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